9CReview of charges

9C Review of charges

[Section 9C Inserted by No. 14 of 1994, s. 11 ]

(1)  A person who is of the opinion that a fee charged for a library service provided to that person is not in accordance with the guidelines may apply to the Secretary to have the charge or the amount of the fee reviewed.

(2)  An application under subsection (1) is to be –

(a) in writing; and

(b) made within 21 days after the date on which the applicant was advised or notified of the charge.

(3)  On receiving an application under subsection (1) , the Secretary –

(a) may make, or cause to be made, such enquiries in respect of the application as the Secretary considers necessary or appropriate; and

(b) must, after considering any matters put by the applicant and having regard to the guidelines, make a determination in respect of the application.

(4)  For the purposes of subsection (3) , the Secretary may make a determination to –

(a) affirm the charging of a fee; or

(b) authorize a partial refund of a fee; or

(c) authorize a full refund of a fee.

(5)  Nothing in this section authorizes the Secretary to increase the amount of a fee charged for a library service consequent on a review of that fee.

(6)  A determination under subsection (3) is to be made as soon as practicable and in any event not later than 21 days after the application is received by the Secretary.

(7)  The Secretary is to give an applicant written notice of a determination and any refund due to the applicant within 14 days after the date of the determination.

(8)  The Secretary is not required to comply with this section in respect of an application if –

(a) the Secretary reasonably determines that the application is vexatious or trivial; and