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Public Health and Wellbeing Act 2008
238DCertain requirements under Subordinate Legislation Act 1994 disapplied
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238D Certain requirements under Subordinate Legislation Act 1994 disapplied
The following are not required for the first proposed statutory rule that is to be made under section 238A, 238B or 238C after the commencement of section 42 of the **Public Health and Wellbeing Amendment (Pandemic Management) Act 2021**—
(a) consultation under section 6 of the **Subordinate Legislation Act 1994**;
(b) preparation of a regulatory impact statement under section 7 of the **Subordinate Legislation Act 1994**.
S. 238E inserted by No. 44/2020 s. 3, repealed by No. 53/2021 s. 44.
239 Fees
(1) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—
(a) specific fees;
(b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) scales of fees;
(e) the payment of fees either generally or under specified conditions or in specified circumstances, including conditions or circumstances relating to the late lodgement of an application, or the late payment of fees, under this Act;
(f) the reduction, waiver or refund, in whole or in part, of the fees.
(2) If under subsection (1)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—
(a) in respect of certain matters or transactions or classes of matters or transactions; or
(b) in respect of certain documents or classes of documents; or
(c) when an event happens; or
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of matters, transactions, documents, events or persons—
and may be expressed to apply subject to specified conditions or in the discretion of any specified person.
(3) A fee that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.
Part 12—Miscellaneous
Division 1—General
240 Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the bringing before the Supreme Court of an action of a kind referred to in section 124 or 142.