(1)  Any fees or charges required to be paid, and determined, under section 41(2) of the Education Act 1994 before the commencement of section 3 of the Education Act 2016 are taken to have been validly required and determined under the Education Act 1994.

(2)  For the avoidance of doubt, clause 17 of Schedule 5 of the Education Act 2016 applies in respect of a fee or charge referred to in subsection (1) that was imposed before the commencement of section 3 of that Act and has not been paid.

(3)  No action lies against the Crown in right of Tasmania in relation to any loss incurred by a person if the loss is only incurred as a consequence of the payment of a fee or charge, that, but for this section, would not have been validly imposed or collected.