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MUTUAL RECOGNITION ACT 1992 - SECT 42K

No fee for automatic deemed registration

  (1)   A person must not be required to pay a registration fee in the second State in relation to the person's automatic deemed registration to carry on an activity.

Note:   The local registration authority must also not charge a fee in relation to notifying the authority that the person intends to rely on automatic deemed registration (see subsection   42J(3)).

  (2)   A registration fee is:

  (a)   a fee (however described) that is required to be paid before a person is registered, or to continue a person's registration (for example, on an anniversary of the person's registration); or

  (b)   a fee (however described) that is payable to a local registration authority for an occupation to generally support compliance activities by the local registration authority (or any other person) in relation to the person's automatic deemed registration, other than:

  (i)   a fine, penalty or legal costs; or

  (ii)   a fee that is payable for a specific and identifiable compliance action taken in relation to carrying on an activity;

but does not include a fee relating to public protection requirements or a vulnerable person character test.

Example:   A fee (however described) that is charged to pay for an inspector to provide a certificate of compliance is not a registration fee as it is payable for a specific and identifiable compliance action taken in relation to carrying on an activity.


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