Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Recognised agencies, persons, and classes of persons - Miscellaneous matters

171: Chief executive must consider exemption, waiver, or refund of fees

You could also call this:

"The boss must think about reducing or refunding fees if you're applying for more than one thing at once."

Illustration for Food Act 2014

The chief executive has to think about exempting, waiving, or refunding some fees if you apply for more than one type of recognition at the same time, like being a recognised agency and a recognised person. You might apply under section 143 for more than one type of recognition, or under section 151 to renew more than one type of recognition. The chief executive also has to consider this if you have to pay fees for more than one type of ongoing recognition under sections 135, 136, and 139 to 141.

The chief executive can only do this if the regulations say they can, which is explained in section 208. You have to be in certain situations for the chief executive to think about exempting, waiving, or refunding your fees. The chief executive's decision depends on the regulations that are in place, so they will check those first.

If you are liable to pay a prescribed fee, charge, or levy for ongoing recognition under more than one section, the chief executive will consider your situation. They will look at whether you should get an exemption, waiver, or refund of all or part of the fee, charge, or levy. This is all part of the chief executive's job to make sure fees are handled fairly.

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Miscellaneous matters

171Chief executive must consider exemption, waiver, or refund of fees

  1. The chief executive must consider whether an exemption, a waiver, or a refund of all or part of a prescribed fee, charge, or levy is appropriate if—

  2. an application is made under section 143 by 1 person for more than 1 type of recognition (for example, if a person applies to be recognised as both a recognised agency and a recognised person); or
    1. an application is made under section 151 by 1 person to renew more than 1 type of recognition; or
      1. 1 person is liable under section 154 to pay a prescribed fee, charge, or levy for ongoing recognition under more than 1 of sections 135, 136, and 139 to 141.
        1. However, subsection (1) only applies if regulations prescribing the relevant fee, charge, or levy authorise the chief executive to grant an exemption, a waiver, or a refund in these circumstances (see section 208).