232Fees

#### 232 Fees (1) The Minister may, by legislative instrument, determine the amounts of fees the National VET Regulator may charge for goods or services the Regulator provides in performing the Regulator’s functions (other than the service mentioned in subsection 35(2)). > Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a legislative instrument that determines fees (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). (1A) To avoid doubt, it is immaterial, and is taken always to have been immaterial, whether the functions mentioned in subsection (1) are conferred by or under: (a) this Act; or (b) any other law of the Commonwealth. (2) Before making a determination, the Minister must get the Ministerial Council’s agreement to the amount of a fee that: (a) relates to goods or services in respect of registration as an NVR registered training organisation; or (b) relates to goods or services provided to NVR registered training organisations; or (c) relates to goods or services in respect of: (i) the accreditation of a course as a VET accredited course; or (ii) VET accredited courses. (3) Before making a determination, the Minister must consult the National VET Regulator about the amount of a fee that relates to goods or services not mentioned in subsection (2). (4) The Minister may, in the determination made under subsection (1), determine the way in which a fee is to be worked out. (5) The Minister may, in the determination made under subsection (1), determine other matters relating to the payment of fees, including: (a) the circumstances in which fees may be paid in instalments; and (b) the circumstances in which fees may be set off against another amount payable; and (c) the circumstances in which fees may be waived. (6) The fees determined under subsection (1) must not be such as to amount to taxation.