Authorising the charging of fees and levies
This is a single section from Chapter 17. Read the full chapter here.
Does the Act provide authority to prescribe a fee or a levy?
An Act must include an empowering provision that specifically authorises secondary legislation to prescribe a fee or 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.