Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p7
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 14988–17569

the person for whom the service is provided.

2.04  When fees for producing files and copying documents are payable
 (1) Despite Divisions 2.3 and 2.4, a fee mentioned in item 123 or 219 of Schedule 1 is payable in all proceedings.
 (2) However, the fee is not payable in relation to a proceeding if:
 (a) either:
 (i) apart from subsection (1), the liable person for the fee would be exempt from paying the fee under section 2.05; or
 (ii) the liable person for the fee is exempt under section 2.06 from paying another fee in relation to the proceeding, and that other fee was the most recent fee that would otherwise have been payable by the liable person in the proceeding; and
 (b) the copy of the relevant document requested:
 (i) is the first copy of that document that the person has requested; or
 (ii) is required for the preparation of appeal papers.

Division 2.3—Exemptions and reduced fees

2.05  Persons exempt from paying fee—general
 (1) A person is exempt from paying a fee mentioned in Schedule 1 (other than a fee mentioned in item 115C or 214A) in relation to a proceeding if, at the time the fee is payable, one or more of the following apply:
 (a) the person has been granted legal aid for the proceeding under a legal aid scheme or service:
 (i) established under a law of the Commonwealth or of a State or Territory; or
 (ii) approved by the Attorney‑General;
 (b) the person is the holder of any of the following cards issued by the Commonwealth:
 (i) a health care card;
 (ii) a pensioner concession card;
 (iii) a Commonwealth seniors health card;
 (iv) any other card that certifies the holder's entitlement to Commonwealth health concessions;
 (c) the person is serving a sentence of imprisonment or is otherwise detained in a public institution, or is in immigration detention (within the meaning of the Migration Act 1958);
 (d) the person is younger than 18;
 (e) the person is receiving youth allowance or Austudy payments under the Social Security Act 1991 or benefits under the ABSTUDY Scheme;
 (f) the person has received funding for the proceeding under Part 11 of the Native Title Act 1993 from:
 (i) a representative body within the meaning of section 253 of that Act; or
 (ii) a person or body to whom funding has been made available under section 203FE of that Act.
 (2) For paragraph (1)(b), the holder of a card does not include a dependant of the person who is issued the card.

2.06  Persons exempt from paying fee—financial hardship
 (1) If:
 (a) a fee mentioned in Schedule 1 (other than a fee mentioned in item 115C, 201A or 214A) is