Radiation Safety Act 2016

92 Regulations relating to fees


The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations prescribing—


the fees payable by a person applying for an authorisation or renewal of an authorisation:


the method by which the fees are to be calculated:


exemptions from or refunds of the whole or any part of any fee.


Regulations made under subsection (1) may—


prescribe different fees or methods of calculation of fees in respect of different classes or types of authorisation, or on the basis of the level of risk posed by a radiation source or on any other differential basis:


enable, in accordance with subsections (3) to (5), the recovery of the direct or indirect costs of the Ministry in verifying compliance by holders of authorisations with the radiation safety requirements.


Before recommending any regulations that enable cost recovery under subsection (2)(b), the Minister must, as far as is reasonably practicable, have regard to the following principles, in determining the most appropriate method of cost-recovery:


equity, in that funding for a particular function, power, or service (or a particular class of function, power, or service) should generally, and to the extent practicable, be sourced from the users or beneficiaries of the relevant functions, powers, or services at a level commensurate with their use of or benefit from the function, power, or service:


efficiency, in that the allocation of costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost:


justifiability, in that costs should generally be recovered to meet only the actual and reasonable costs (including indirect costs) of the provision of or exercise of the relevant function, power, or service:


transparency, in that costs should generally be identified, and allocated as closely as practicable to, tangible service provision in the recovery period in which the service is provided:


ease of administration, in that the costs of collection should generally be kept as low as possible.


Costs should not be recovered under subsection (2)(b) unless—


there has been appropriate consultation with persons or organisations that the Minister considers representative of the interests of persons likely to be substantially affected by the exercise of the power; and


the persons involved have been given sufficient time and information to make an informed contribution.


Subsection (4) does not require consultation in relation to specific fees or the specific levels of fees, as long as the fees are set reasonably within the scope of any general consultation.


A failure to comply with subsection (4) does not affect the validity of any regulations made under this section.


Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 92(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).