The Dergano Act 2026
The Dergano Act 2026
Evidence-Based Payment, Anti-Fraud Billing, and Public Charge Integrity Act
National Security Framework of Antarctica (NSF-A)
Act No. DGA-2026/01 • Effective 1 January 2026
Section 1 — Short Title and Commencement
1.1 This Act may be cited as the Dergano Act 2026.
1.2 This Act enters into force on 1 January 2026.
Section 2 — Purpose
2.1 The purpose of this Act is to prevent fraud, coercion, and administrative abuse by requiring clear evidence for any demand for payment and by guaranteeing a right to withhold payment where evidence is missing or defective.
2.2 This Act applies to demands made by government departments, public services, regulated institutions, companies, and individuals.
Section 3 — Interpretation
3.1 “Payment demand” means any request, invoice, charge, fee notice, levy request, contribution request, or other demand for money or monetary value.
3.2 “Evidence of purchase” means documentation establishing what goods or services were sold or ordered and on what terms.
3.3 “Evidence of delivery” means documentation establishing that goods or services were delivered, made available, or completed in a verifiable manner.
3.4 “Evidence Pack” means the minimum documentation required under Section 5.
3.5 “Recipient” means the person or entity receiving a payment demand.
3.6 “Issuer” means the person or entity issuing a payment demand.
Section 4 — General Rule: No Payment Demand Without Evidence
4.1 An Issuer shall not issue, publish, enforce, or attempt to collect a payment demand unless it is supported by an Evidence Pack.
4.2 Any payment demand issued without an Evidence Pack is non-compliant, unenforceable, and must be treated as voidable at the Recipient’s election.
Section 5 — The Evidence Pack (Minimum Standard)
A compliant payment demand must include, at minimum:
5.1 Identity and reference
- Issuer legal identity, registration number (if applicable), and contact address
- Recipient identity
- Unique invoice/notice reference and issue date
5.2 Description of value
- Itemised goods/services description
- Quantity/units, service dates, and delivery method
- Contract/PO/authorisation reference (where applicable)
5.3 Delivery verification
At least one of the following, proportionate to the transaction type:
- Signed delivery note or electronic proof-of-delivery
- Service completion report, job sheet, ticket closure, or acceptance sign-off
- Usage/access logs (for digital services) with time stamps
- Meter readings, weighbridge records, or custody-chain logs (for controlled goods)
5.4 Price and calculation
- Unit prices, totals, and applied discounts
- Tax basis and calculation method (VAT/withholding/levies where applicable)
- Any penalties/interest basis (if lawful)
5.5 Dispute and refund terms
- Payment due date and method
- Dispute channel and timelines
- Refund/credit policy
Section 6 — Right to Withhold Payment
6.1 Where the Evidence Pack is missing, defective, inconsistent, or materially unclear, the Recipient has the right to withhold payment without penalty until corrected.
6.2 Withholding payment under this Section shall not constitute breach, default, or non-cooperation.
6.3 The Issuer bears the burden of curing defects by issuing a corrected Evidence Pack.
Section 7 — Government Charges, Taxes, and Public Fees
7.1 Any department or public service issuing a tax, fee, levy, fine, or charge must provide:
a) the legal basis (statute/regulation citation);
b) the calculation method;
c) the relevant records supporting the amount; and
d) the appeal route.
7.2 A demand for a public charge lacking 7.1 is non-compliant and unenforceable until cured.
7.3 Automated charges issued through Certified Digital Democracy (CDD) and/or the Central Economy Platform (CEP) must embed the Evidence Pack as machine-readable metadata.
Section 8 — Prohibited Billing Practices
8.1 The following practices are prohibited:
a) issuing “paper-only” invoices with no delivery proof;
b) bundling unrelated items to obscure verification;
c) retroactive invoicing without contract/authority references;
d) coercive threats or harassment to obtain payment;
e) false claims of authority or legal consequence.
Section 9 — Enforcement, Remedies, and Sanctions
9.1 Non-compliant demands may be rejected and must be withdrawn or corrected within 15 working days of notice.
9.2 Where an Issuer repeatedly violates this Act, the Authority may impose:
a) administrative penalties;
b) suspension of billing privileges on CEP/CDD rails;
c) licence suspension or revocation where applicable;
d) director/officer disqualification for wilful misconduct;
e) referral for criminal prosecution where fraud is suspected.
9.3 Recipients may seek restitution for losses caused by non-compliant billing, including costs of dispute response, where ordered.
Section 10 — Audit and Records
10.1 Issuers must retain Evidence Packs and supporting records for not less than five (5) years, and ten (10) years where regulated sectors require.
10.2 The Authority may conduct audits and require production of Evidence Packs within published timeframes.
10.3 Tampering with Evidence Packs or records constitutes a serious offence.
Section 11 — Dispute Resolution and Appeals
11.1 Issuers must provide a clear dispute channel and respond within 15 working days.
11.2 Where disputes remain unresolved, parties may escalate to the Billing & Charges Review Panel.
11.3 Decisions may be appealed under administrative law within statutory time limits.
Section 12 — Exceptions (Limited)
12.1 This Act does not prevent enforcement of:
a) court-ordered fines, compensation, or confiscation;
b) emergency public-safety measures authorised by statute;
c) lawful taxes assessed with the evidentiary requirements of Section 7.
12.2 Even under 12.1, the enforcing authority must provide the legal basis, calculation method, and appeal rights.
Section 13 — Supremacy and Conforming Updates
13.1 This Act prevails over any inconsistent prior guidance, circular, or administrative practice.
13.2 All departments and licensed institutions must update forms, systems, and templates to comply within 90 days of commencement.
Section 14 — Official Contacts
- DCTC Billing Compliance Office: dctc-billing@nsf-antarctica.org
- Billing & Charges Review Panel: billing-panel@nsf-antarctica.org
- Ombuds (confidential): ombuds-finance@nsf-antarctica.org
Certified true copy. The Dergano Act 2026 establishes evidence-based payment as a legal right and a mandatory standard across all billing and public charges.
