Authorising the charging of fees and levies
This is a single section from Chapter 17. Read the full chapter here.
Should there be a special process for secondary legislation that prescribes the fee or levy?
Legislation that delegates power to set a fee or levy should identify any procedural requirements that must be satisfied in doing so.
In some cases, it will be appropriate for the Act to set out specific procedural requirements that must be satisfied before secondary legislation is made setting a fee or levy.
It may be desirable for the Minister responsible for the empowering Act to consult with existing and potential users of the service, industry groups, or the public more generally before recommending secondary legislation to impose or amend a fee or levy.
In some cases, it may be appropriate for a significant levy to be subject to a confirmation process (under which regulations lapse at an identified time unless confirmed earlier by an Act). See Chapter 14.6 for more information on confirmation.