§ 308 — Fees and charges

308.—(1) When any provision of this Act confers powers on the Agency to make regulations, with the approval of the Minister, the power includes power —(a)

to impose fees or charges in respect of applications for or the grant of an FSSA authorisation, an acceptance or other approval or authorisation under any provision of this Act, and of any thing else done by the Agency in connection with the administration of this Act;

(b)

to impose penalties for the late payment of any such fee or charge;

(c)

to impose interest for late payment of any such fee, charge or penalty; and

(d)

to provide for the manner in which those fees or charges, or those penalties or interest for late payment, have to be paid, which may include any of the following:(i)

payment by instalment;

(ii)

payment of an estimated fee or charge based on estimated costs expended in or associated with the Agency providing a service or discharging a function in connection with the administration of this Act, paid before the provision of the service or discharge of the function, followed by reconciliation and an appropriate further payment or refund after the provision of the service or discharge of the function;

(iii)

payment within a period after the service is provided or the function is discharged by the Agency in connection with the administration of this Act.

(2) Any such fee or charge, or any penalty or interest for late payment, may be prescribed by regulations either —(a)

by fixing the amount;

(b)

by setting a scale or formula or method of calculation; or

(c)

by setting a maximum or minimum amount.

(3) Different fees and charges may be so prescribed in respect of different classes of persons, food, primary produce, food businesses, controlled items, animal feed, plant pesticides or food producing animals, or according to differences in time, place or circumstance or on any other differential basis.

(4) Any such unpaid fee or charge or instalment thereof, or unpaid penalty or interest for late payment, may be recovered by the Agency as a debt in a court of competent jurisdiction.

(5) This section does not apply to or in relation to any provision of this Act that is in Part 2, 9 or 12.

—(1) When any provision of this Act confers powers on the Agency to make regulations, with the approval of the Minister, the power includes power —(a)

to impose fees or charges in respect of applications for or the grant of an FSSA authorisation, an acceptance or other approval or authorisation under any provision of this Act, and of any thing else done by the Agency in connection with the administration of this Act;

(b)

to impose penalties for the late payment of any such fee or charge;

(c)

to impose interest for late payment of any such fee, charge or penalty; and

(d)

to provide for the manner in which those fees or charges, or those penalties or interest for late payment, have to be paid, which may include any of the following:(i)

payment by instalment;

(ii)

payment of an estimated fee or charge based on estimated costs expended in or associated with the Agency providing a service or discharging a function in connection with the administration of this Act, paid before the provision of the service or discharge of the function, followed by reconciliation and an appropriate further payment or refund after the provision of the service or discharge of the function;

(iii)

payment within a period after the service is provided or the function is discharged by the Agency in connection with the administration of this Act.

(2) Any such fee or charge, or any penalty or interest for late payment, may be prescribed by regulations either —(a)

by fixing the amount;

(b)

by setting a scale or formula or method of calculation; or

(c)

by setting a maximum or minimum amount.

(3) Different fees and charges may be so prescribed in respect of different classes of persons, food, primary produce, food businesses, controlled items, animal feed, plant pesticides or food producing animals, or according to differences in time, place or circumstance or on any other differential basis.

(4) Any such unpaid fee or charge or instalment thereof, or unpaid penalty or interest for late payment, may be recovered by the Agency as a debt in a court of competent jurisdiction.

(5) This section does not apply to or in relation to any provision of this Act that is in Part 2, 9 or 12.