Australian Capital Territory
Machinery (Fees) Determination 2004
Disallowable Instrument DI 2004-142
made under the
Machinery Act 1949, Section 5 – Determination of fees

Explanatory Statement

The Machinery Act 1949 regulates the installation, use, inspection and operation of machinery in the ACT.

Section 5 of the Act provides the Minister for Industrial Relations with the power to determine fees for the purposes of the Act.  Section 58(1) of the Legislation Act 2001 provides that where an Act authorises fees to be determined for the Act and the Act authorises the making of regulations by the Executive, then the Minister for Industrial Relations also has the power to determine fees for the purposes of the Regulations.  Section 7(1) of the Act provides that the Executive may make regulations for the Act.

The instrument determines fees under the Boilers and Pressure Vessels Regulations 1954.

This instrument revokes the previous determination of fees instrument DI2003-173, that set fees for the 2003-2004 financial year and determines the new fees for the 2004-2005 financial year.  The fees have been adjusted based on the Consumer Price Index (CPI) of 2.0%.  The CPI was derived by the Department of Treasury in its Economic conditions forecasts (see page 54 of 2004-2005 Budget Paper 3).

The fees take effect from 1 July 2004.

The determination under section 5 is a disallowable instrument.