Section 112 — Competition and Consumer Act 2010 (Cth)

(1) For the purposes of Division 1A or 1B, the Tribunal may, on behalf of the Commonwealth, charge fees determined under subsection (2) for the purposes of this subsection.

(2) The Minister may, by legislative instrument, determine fees for the purposes of subsection (1).

(3) A determination under subsection (2) may provide for fees to be payable in respect of the following:

(a) applications to the Tribunal under Division 1A or 1B;

(b) proceedings in the Tribunal under Division 1A or 1B;

(c) taxation of costs by the Tribunal in relation to such proceedings.

(4) Without limiting the scope of a determination that may be made under subsection (2), such a determination may determine, or determine matters relating to, any or all of the following:

(a) the circumstances in which a fee is to be paid;

(b) who must pay;

(c) the time when payment is required;

(d) remittal, refund and waiver of fees.

(5) A determination made under subsection (2) may do any or all of the following:

(a) determine fees in respect of a particular class or classes of applications, costs or proceedings;

(b) determine different fees in respect of different classes of applications, costs or proceedings;

(c) determine the amount of, or a method for working out the amount of, a fee;

(d) make provision in relation to the whole or a part of a fee;

(e) provide for the Tribunal to make orders relating to the payment of a fee in relation to a proceeding.

(6) A fee must not be such as to amount to taxation.

(7) A fee charged under subsection (1):

(a) is a debt due to the Tribunal, on behalf of the Commonwealth; and

(b) is recoverable by the Tribunal, on behalf of the Commonwealth, in a court of competent jurisdiction.

Related sections

• s 109 — Participants in proceedings before Tribunal
• s 110 — Representation
• s 111 — Tribunal may order costs be awarded
• s 113 — Standing of Commission to seek judicial review
• s 10.01 — Objects of Part
• s 10.01A — Simplified outline

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