Commonwealth Entities (Payment Surcharges) (Consequential Provisions and Other Matters) Act 2024 (103 of 2024)

Schedule 2   Payment surcharges charged before commencement

Part 2   Payment surcharges charged and collected before commencement

3   Payment surcharges collected before commencement

(1) This item applies if, at a time occurring on or after 1 January 2003 and before the commencement of this Act:

(a) a Commonwealth entity had, under a law of the Commonwealth, a State or a Territory, the power, function or duty of collecting a payment (the base payment ); and

(b) apart from this item, the base payment was not a surchargeable payment; and

(c) the Commonwealth entity collected, or purported to collect, a payment surcharge in relation to the base payment.

(2) The Commonwealth entity is taken, by force of this item, to have always been authorised to collect the payment surcharge.