189Fees

189 Fees

(1) The Commonwealth, or the Regulator or Registrar on behalf of the Commonwealth, may charge a fee for: (a) dealing with an application made under this Act or the applied work health and safety provisions; or (b) performing or exercising any other function or power under this Act or the applied work health and safety provisions. (2) The amount of the fee is the amount: (a) prescribed by the regulations; or (b) worked out in accordance with a method prescribed by the regulations. (3) The fee must not be such as to amount to taxation. (4) The fee: (a) is a debt due to the Commonwealth, or the Regulator or Registrar on behalf of the Commonwealth, as the case requires; and (b) is recoverable by the Commonwealth, or the Regulator or Registrar on behalf of the Commonwealth, as the case requires, in a court of competent jurisdiction. (5) The regulations may provide that: (a) an application under this Act or the applied work health and safety provisions is taken to have been made only if a fee has been paid in relation to the application; and (b) the Minister, the Registrar or the Regulator may decline to perform a function or exercise a power until a fee is paid. (6) The regulations may provide for the remittal or refund of all or part of a fee referred to in subsection (1).