85Regulations imposing fees

1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

2. requiring the payment to the Director-General of fees—
   1. by a notifier in respect of products that must be notified under Part 4; and
   2. by a notifier in connection with the performance or exercise by the Director-General of any function, power, or duty under Part 4; and
   3. by an applicant in relation to an application for approval as a specialist vape retailer under Part 1B; and
   4. by a person in respect of the notification of, or the renewal of a notification of, a notifiable product under section 20R; and
   5. by a distributor in respect of the notification of, or the renewal of a notification of, smoked tobacco products under section 20S; and
3. prescribing the amounts of those fees and charges or the manner in which those fees are to be calculated.

4. Any Order in Council made under subsection (1) may authorise the Director-General to refund or waive, in whole or in part and on any conditions as may be prescribed, payment of any fee, charge, or cost payable in relation to a notifier or a class of notifier or a retailer or a class of retailer.

5. Any fee prescribed under this section is recoverable in any court of competent jurisdiction as a debt due to the Crown.

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

7. If the regulations authorise the Director-General to refund or waive, under subsection (2), payment of a fee, charge, or cost payable,—

8. the instrument effecting the refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named notifiers or retailers; and
9. the regulations must contain a statement to that effect.