An Act to amend various Acts and regulations administered by the Minister for Better Regulation and Innovation and the Service NSW (One-stop Access to Government Services) Act 2013 to provide for the waiver, reduction, postponement or refund of fees in particular circumstances; to amend the Service NSW (One-stop Access to Government Services) Act 2013 to extend the functions to which the Act applies; and for related purposes.
1 Name of Act
This Act is the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.
2 Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Acts and regulations administered by the Minister for Better Regulation and Innovation
[1] Section 105 Waiver, remittal and postponement of fees
Omit the section.
[2] Section 107 Regulations
Insert after section 107(1)(c)—(c1) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,
[3] Schedule 4 Savings, transitional and other provisions
Insert after Part 4—Part 5 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202014 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.15 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.16 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 20A
Insert after clause 20—20A Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 120 Regulations
Omit section 120(2)(e). Insert instead—(e) the fees payable under this Act or the regulations,(f) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
[2] Schedule 1 Savings, transitional and other provisions
Insert after Part 2—Part 3 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202017 DefinitionsIn this Part—relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of this Act.repealed Act means the Building Professionals Act 2005.repealed regulation means a regulation in force under the repealed Act.18 Power to waive, reduce, postpone or refund fees applies to events before commencement(1) To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.(2) Also to remove any doubt, the power to waive, reduce, postpone or refund fees under subclause (1) extends to a fee payable or paid under the repealed Act or repealed regulations.
Clause 67
Omit the clause. Insert instead—67 Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 94 Regulations
Omit section 94(2)(f). Insert instead—(f) the waiver, reduction, postponement or refund by the Board of fees payable or paid under this Act or the regulations,
[2] Schedule 2 Savings, transitional and other provisions
Insert after Part 4—Part 5 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202014 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.15 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Board waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Board was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.16 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Board to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
[1] Clause 21 Fees
Omit clause 21(3).
[2] Clause 21A
Insert after clause 21—21A Board’s power to waive, reduce, postpone or refund feesThe Board may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Board is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 49 Regulations
Omit section 49(2)(o). Insert instead—(o) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
[2] Schedule 1 Savings, transitional and other provisions
Insert after Part 2—Part 3 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 20206 DefinitionsIn this Part—relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of this Act.repealed Act means the Lotteries and Art Unions Act 1901.repealed regulation means a regulation in force under the repealed Act.7 Power to waive, reduce, postpone or refund fees applies to events before commencement(1) To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.(2) Also to remove any doubt, the power to waive, reduce, postpone or refund fees under subclause (1) extends to a fee payable or paid under the repealed Act or repealed regulations.
[1] Section 172 Regulations
Omit section 172(2)(g). Insert instead—(g) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
[2] Schedule 1 Savings and transitional provisions
Insert after Part 4—Part 5 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202021 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.22 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.23 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 37A
Insert after clause 37—37A Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 18 Local regulations
Insert at the end of section 18(2)(d)—and,(e) the waiver, reduction, postponement or refund by the Registrar of Co-operatives of fees payable or paid under—(i) this Act, or(ii) the Co-operatives National Law (NSW), or(iii) the Co-operatives National Regulations (NSW), or(iv) the local regulations.
[2] Schedule 1 Savings and transitional provisions
Insert after Part 2—Part 3 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202010 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.11 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Registrar of Co-operatives waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Registrar was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.12 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Registrar of Co-operatives to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 13
Omit the clause. Insert instead—13 Registrar’s power to waive, reduce, postpone or refund fees(1) The Registrar of Co-operatives may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under relevant legislation if the Registrar is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster(2) In this clause—relevant legislation means the following—(a) the Act,(b) the Co-operatives National Law (NSW),(c) the Co-operatives National Regulations (NSW),(d) this Regulation.
[1] Section 36 Regulations
Insert after section 36(2)(b)—(b1) the waiver, reduction, postponement or refund by the regulatory authority of fees payable or paid under this Act or the regulations,
[2] Schedule 1 Savings, transitional and other provisions
Insert after Part 4—Part 5 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202011 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.12 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the regulatory authority waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the regulatory authority was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.13 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the regulatory authority to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 114A
Insert after clause 114—114A Regulatory authority’s power to waive, reduce, postpone or refund feesThe regulatory authority may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the regulatory authority is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
Schedule 2 Amendments relating to 1, 3 and 5 year terms and restorations
Omit Schedule 2.3[2], 2.5[5], 2.8[9], 2.9[6], 2.10[4], 2.12[5], 2.14[7] and 2.15[8].
[1] Section 140 Regulations
Omit section 140(2)(j). Insert instead—(j) fees payable under this Act or the regulations,(j1) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,
[2] Schedule 4 Savings and transitional provisions
Insert after Part 23—Part 24 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020153 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.154 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.155 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 71B
Insert after clause 71A—71B Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 23 Regulations
Insert after section 23(1)(f)—(f1) The waiver, reduction, postponement or refund by the Secretary of the Department of Customer Service of fees payable or paid under this Act or the regulations.
[2] Schedule 2 Savings and transitional provisions
Insert after Part 4—Part 5 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 20208 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.9 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary of the Department of Customer Service waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.10 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary of the Department of Customer Service to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 153A
Insert after clause 153—153A Secretary’s power to waive, reduce, postpone or refund feesThe Secretary of the Department of Customer Service may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 186 Regulations
Omit section 186(2)(d). Insert instead—(d) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,
[2] Schedule 2 Savings, transitional and other provisions
Insert after Part 4—Part 5 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202021 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.22 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.23 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 9A
Insert after clause 9—9A Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 80 Regulations
Insert after section 80(1)—(1A) Without limiting subsection (1), the regulations may provide for—(a) fees payable under this Act or the regulations, and(b) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
[2] Schedule 1 Savings, transitional and other provisions
Insert after Part 2—Part 3 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 20207 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.8 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.9 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 13
Insert after clause 12—13 Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 43 Regulations
Insert after section 43(1)(g)—(g1) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,
[2] Schedule 2 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering—Part Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 8A
Insert after clause 8—8A Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 230 Regulations
Insert after section 230(2)(g)—(g1) fees payable under this Act or the regulations,(g2) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
[2] Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering—Part Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 56
Insert after clause 55—56 Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 41 Regulations
Omit section 41(2)(e). Insert instead—(e) licence and permit fees,(e1) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,
[2] Schedule 1 Savings, transitional and other provisions
Insert after Part 4—Part 5 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 20207 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.8 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.9 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 26A
Insert after clause 26—26A Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 105 Regulations
Omit section 105(2)(q). Insert instead—(q) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
[2] Schedule 2 Savings and transitional provisions
Insert after Part 7—Part 8 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202023 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.24 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.25 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 55A
Insert after clause 55—55A Secretary’s power to waive, reduce, postpone or refund feesThe Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
[1] Section 276 Regulation-making powers
Omit “and prescribe the circumstances and way in which fees can be refunded, waived or reduced” from section 276(3)(g).
[2] Section 276(3)(g1)
Insert after section 276(3)(g)—(g1) the waiver, reduction, postponement or refund by the regulator of fees payable or paid under this Act or the regulations, or
[3] Schedule 4 Savings, transitional and other provisions
Insert after Part 6—Part 7 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 202028 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.29 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the regulator waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the regulator was satisfied it was appropriate because—(a) the person was suffering financial hardship, or(b) special circumstances existed.(2) The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.30 Power to waive, reduce, postpone or refund fees applies to events before commencementTo remove any doubt, the power of the regulator to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.
Clause 701A
Insert after clause 701—701A Regulator’s power to waive, reduce, postpone or refund feesThe regulator may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the regulator is satisfied it is appropriate because—(a) the person who is to pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of ‘special circumstances’—circumstances involving a natural disaster or recovery from a natural disaster
Schedule 2 Amendment of Service NSW (One-stop Access to Government Services) Act 2013 No 39
[1] Section 4
Omit the section. Insert instead—4 Functions of CEOThe CEO has the following functions—(a) the customer service functions delegated to, or otherwise conferred on, the CEO by or under this Act or another Act,(b) any functions conferred or imposed on the CEO by or under this Act or another Act,(c) any other functions relating to the delivery of Government services to the people of New South Wales, as directed by the Minister.
[2] Section 5 Customer service functions
Omit section 5(g). Insert instead—(g) any function prescribed by the regulations for the purposes of this section,(h) any function that is ancillary to a function referred to in paragraphs (a) to (g).
[3] Section 5A
Insert after section 5—5A Fees and payments relating to special circumstances(1) This section applies if—(a) a special circumstances declaration is published, and(b) as a result of the declaration—(i) a Government agency, or the head of the agency, on whose behalf the CEO carries out customer service functions gives the CEO written notice that fees to be received, or received, by the CEO on behalf of the agency are to be waived, reduced, postponed or refunded, in whole or part, or(ii) the Minister directs, by written notice given to the CEO, that a relevant payment is to be made to a Government agency on behalf of a person or a class of persons.(2) The CEO and members of the staff of Service NSW are, in accordance with the written notice—(a) to waive, reduce, postpone or refund the fees, in whole or part, or(b) make the payment.(3) In this section—relevant payment means a payment that is required by or under an Act to be made to a Government agency.special circumstances declaration means—(a) a Natural Disaster Declaration for the purposes of the Natural Disaster Relief and Recovery Arrangements jointly administered by the Commonwealth and the States and Territories, or(b) a declaration under section 33 of the State Emergency and Rescue Management Act 1989 that a state of emergency exists in the whole or part of New South Wales, or(c) another declaration prescribed by the regulations.
[4] Section 6 Updating customer information with other agencies
Omit “customer service functions to that person for a Government agency” from section 6(1).Insert instead “a relevant function to that person”.
[5] Section 6(5)
Insert after section 6(4)—(5) In this section—relevant function means—(a) a customer service function on behalf of a Government agency, or(b) another function relating to the delivery of Government services under section 4(c).
[6] Section 7 Delegation of customer service functions to CEO under other Acts or instruments
Insert after section 7(1)—(1A) To remove any doubt, subsection (1) applies to the delegation by a Minister of any of the Minister’s delegable functions under section 9.7(1)(b) or (d) of the Government Sector Finance Act 2018 that are customer service functions.
[7] Section 11 Internal records
Omit “customer service functions”. Insert instead “relevant functions”.
[8] Section 11(2)
Insert at the end of section 11—(2) In this section—relevant functions means—(a) customer service functions, or(b) functions relating to the delivery of Government services under section 4(c).
[9] Section 12 Agreements authorising agents to act for Service NSW
Omit “customer service functions” from section 12(1).Insert instead “relevant functions”.
[10] Section 12(2)
Omit the subsection. Insert instead—(2) In this section—approved person means—(a) a person, or a person who is a member of a class of persons, prescribed by the regulations for the purposes of this section, or(b) a council, a county council or a joint organisation within the meaning of the Local Government Act 1993.relevant functions means—(a) customer service functions, or(b) functions relating to the delivery of Government services under section 4(c).
[11] Schedule 1 Savings, transitional and other provisions
Insert after Part 1—Part 2 Provisions consequent on enactment of Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 20202 DefinitionsIn this Part—amendment Act means the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020.relevant period means the period—(a) starting on 18 July 2019, and(b) ending immediately before the commencement of the amendment Act.3 Functions of the CEO(1) This clause applies if, during the relevant period, the CEO or a member of the staff of Service NSW exercised a function referred to in section 4(c) as inserted by the amendment Act.(2) The exercise of the function is taken to be as valid as if it had been exercised after the commencement of the amendment Act.4 Waiver, reduction, postponement or refund of fees before commencement(1) This clause applies if, during the relevant period, the CEO or a member of the staff of Service NSW took relevant action because—(a) a declaration, that would be a special circumstances declaration within the meaning of section 5A if it were made after the commencement of the amendment Act, had been published, and(b) as a result of the event that resulted in the declaration being made—(i) the person was suffering financial hardship, or(ii) special circumstances existed.(2) The relevant action is taken to have been as valid as if it had happened after the commencement of the amendment Act.(3) In this clause—relevant action, in relation to Service NSW, means—(a) Service NSW waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under an Act or regulations, or(b) Service NSW made a payment.5 Power to waive, reduce, postpone or refund fees and to make payments applies to events before commencementTo remove any doubt, the power under section 5A to waive, reduce, postpone or refund a fee or to make a payment applies in relation to—(a) a person who was suffering financial hardship—(i) during the relevant period, or(ii) because of events that happened during the relevant period, or(b) special circumstances—(i) that existed during the relevant period, or(ii) that exist because of events that happened during the relevant period.