Document ID: chunk:federal_register_of_legislation:F2022L00833:clause:1_9
Version: federal_register_of_legislation:F2022L00833
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 9697–11031

9  Circumstances in which a charge may be waived in whole or in part
 (1) For the purpose of subsection 13(b) of the Act, the National VET Regulator may waive a charge under the Act, in whole or in part, where the Regulator determines that:
 (a) special or unusual circumstances exist which cause the charge to be unreasonable or inequitable; or
 (b) it would be uneconomical to pursue the amount of the charge that remains unpaid.
 (2) For the purposes of paragraph (1)(a), the following circumstances do not constitute special or unusual circumstances:
 (a) where the person required to pay the charge did not consent to the compliance audit or complaint investigation that resulted in the imposition of a charge; or
 (b) where the person required to pay the charge does not agree with the outcome of the compliance audit or complaint investigation that resulted in the imposition of a charge; or
 (c) where the person required to pay the charge ceases to exist, or ceases to be registered under either the National Vocational Education and Training Regulator Act 2011 or Education Services for Overseas Students Act 2000.
 (3) To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause the charge to be unreasonable or inequitable for the purposes of paragraph (1)(a).