Document ID: chunk:federal_register_of_legislation:C2025C00186:section:67:p3
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 67 (pt 3/4)
Character Range: 193741–196462

to an application for an extension of time for applying to the Tribunal for a review of a reviewable decision.
 (11) Where, in any proceedings, the Administrative Review Tribunal varies or sets aside a reviewable decision, the Tribunal shall not make an order under subsection (8) or (9) in favour of a claimant in relation to the costs of those proceedings if:
 (a) the MRCC, before making the reviewable decision, gave the claimant a notice under section 58 requesting the claimant to give the MRCC information specified in the notice (in this subsection called the relevant information); and
 (b) the Tribunal is satisfied that:
 (i) the claimant failed to comply with that notice;
 (ii) at the time when the MRCC made the reviewable decision, it did not have the relevant information, nor was the relevant information reasonably available to it; and
 (iii) if the MRCC had had the relevant information at the time when it made the reviewable decision it would have made a decision more favourable to the claimant than the reviewable decision.
 (12) Where, in any proceedings, the Administrative Review Tribunal varies or sets aside a reviewable decision, the Tribunal shall not make an order under subsection (8) or (9) in favour of a claimant in relation to the costs of those proceedings if:
 (a) the determining authority, before making the reviewable decision, gave the claimant a notice under section 58 requesting the claimant to give the authority a copy of the document specified in the notice (in this subsection called the relevant document); and
 (b) the Tribunal is satisfied that:
 (i) the claimant failed to comply with that notice;
 (ii) at the time when the authority made the reviewable decision, it did not have the information contained in the relevant document, nor was that information reasonably available to it; and
 (iii) if the authority had had the information contained in the relevant document at the time when it made the reviewable decision it would have made a decision more favourable to the claimant than the reviewable decision.
 (13) Where the Administrative Review Tribunal orders the Commonwealth to pay costs incurred by a claimant, the Tribunal may, in the absence of agreement between the parties as to the amount of the costs, tax or settle the amount of the costs or order that the costs be taxed by the Principal Registrar (within the meaning of the Administrative Review Tribunal Act 2024) or an authorised person (within the meaning of that Act) of the Tribunal.
 (14) For the purposes of section 115 of the Administrative Review Tribunal Act 2024, the Commonwealth is taken to be a party to the proceeding before the Administrative Review Tribunal.

Part IX—Miscellaneous