Fees for investigations
19ZE Fees for investigations
The Postal Industry Ombudsman may, on behalf of the Commonwealth, charge Australia Post or a registered PPO fees in relation to an investigation:
that was conducted under paragraph 19M(2)(a), into action taken by Australia Post or the registered PPO (as the case may be); and
that has been completed.
In certain circumstances, a PPO that is no longer registered for the purposes of this Part may still be treated as a registered PPO (see section 19J).
The amount of a fee:
must not be more than the amount that, in the opinion of the Postal Industry Ombudsman, represents the costs incurred by the Postal Industry Ombudsman in conducting the investigation; and
must not be such as to amount to taxation.
The Minister administering the Australian Postal Corporation Act 1989 may make a written determination specifying the total amount of fees that may be charged under this section in relation to investigations that the Postal Industry Ombudsman completed during a specified financial year.
A determination made under subsection (3) is not a legislative instrument.
If a determination has been made under subsection (3) for a financial year, the total amount of fees charged under this section in relation to investigations that the Postal Industry Ombudsman completed during that financial year must not exceed the amount specified in the determination.
The regulations may:
prescribe one or more methods to be used in working out the amount of a fee; and
prescribe the time by which a fee is due and payable.
A fee is payable to the ACMA on behalf of the Commonwealth.
A fee:
is a debt due to the ACMA on behalf of the Commonwealth; and
is recoverable by the ACMA, on behalf of the Commonwealth, in a court of competent jurisdiction.
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