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SEVERE SUBSTANCE DEPENDENCE TREATMENT ACT 2010 - SECT 40

Regulations

    (1)     The Governor in Council may make regulations for or with respect to—

        (a)     prescribing forms to be used for the purposes of this Act;

        (b)     prescribing fees for the purposes of this Act;

        (c)     prescribing additional matters that must be taken into account in the preparation, review or revision of a treatment plan;

        (d)     prescribing the amount payable to a prescribed registered medical practitioner for making a recommendation for the detention and treatment of a person;

        (e)     any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect.

    (2)     Regulations made under this Act—

        (a)     may be of general or of specially limited application;

        (b)     may differ according to differences in time, place or circumstance;

        (c)     may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department or public authority or any officer thereof;

        (d)     may confer powers or impose duties in connection with the regulations on any government department or public authority;

        (e)     may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time;

        (f)     may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made;

        (g)     may impose a penalty not exceeding 10 penalty units for any contravention of the regulations.

    (3)     A power conferred by this Act to make regulations providing for the imposition of fees or charges may be exercised by providing for all or any of the following matters—

        (a)     specific fees or charges;

        (b)     maximum or minimum fees or charges;

        (c)     maximum and minimum fees or charges;

        (d)     scales of fees or charges according to the value of goods or services provided for the fees or charges;

        (e)     the payment of fees or charges either generally or under specified conditions or in specified circumstances;

        (f)     the reduction, waiver or refund, in whole or in part, of the fees or charges.

    (4)     If under subsection (3)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply either generally or specifically—

        (a)     in respect of certain matters or transactions or classes of matters or transactions; or

        (b)     in respect of certain documents or classes of documents; or

        (c)     when an event happens; or

        (d)     in respect of certain persons or classes of persons; or

        (e)     in respect of any combination of matters, transactions, documents, events or persons—

and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.

    (5)     A fee or charge that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.



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