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Authorising the charging of fees and levies
This is a single section from Chapter 15. Read the full chapter here.
Does the legislation provide authority to prescribe a fee or a levy?
Legislation must include an empowering provision that specifically authorises the executive to prescribe a fee or a levy.
With the exception of payments received under contractual agreements (public bodies generally do not need statutory authority to enter into contracts for commercial transactions), it will usually be unlawful for a public body to charge a fee or levy without express authority from Parliament.