Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p11
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 11/13)
Character Range: 41801–44288

provision of services as mentioned in paragraph (2)(b).

"(4) The cost recovery regulations may prescribe different fees in respect of different matters or classes or kinds of matters.

"(5) The cost recovery regulations may provide for the Secretary to the Department (the 'Secretary') to waive, or defer payment of, fees in particular cases or classes of cases.

"(6) The Secretary may, by signed writing, delegate to an officer of, or person employed in, the Department all or any of the powers conferred by subsection (5).

"(7) Subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under a regulation made as mentioned in subsection (5).

"(8) The Secretary must give written notice of such a decision to any person whose interests are affected by the decision.

  "(9) The notice must include a statement to the effect that:

    (a) subject to the Administrative Appeals Tribunal Act 1975, application may be made, by or on behalf of the person to whom the notice is given, to the Administrative Appeals Tribunal for review of the decision to which the notice relates; and

    (b) unless subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.

  "(10)  A failure to comply with subsection (9) does not affect the validity of the decision.".

NOTES

  1. No. 20, 1903, as amended. For previous amendments, see No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1, 1927; No. 50, 1932; No. 45, 1934; Nos. 13, 38, 70 and 74, 1939; No. 4, 1941; No. 11, 1945; No. 78, 1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975 (as amended by No. 164, 1984); Nos. 4 and 20, 1977; No. 19, 1979; No. 132, 1979 (as amended by No. 80, 1982); No. 155, 1979; No. 70, 1980; Nos. 61 and 178, 1981; No. 80, 1982; No. 153, 1982 (as amended by No. 164, 1984); No. 39, 1983; Nos. 164 and 165, 1984; No. 64, 1985; No. 65, 1985 (as amended by No.