Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p14
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 14/34)
Character Range: 304938–307559

the position associated with the nominated occupation ceased to be available to the applicant because the business within which the applicant was, or was to be, employed to work in the position ceased to operate lawfully in Australia;
 (v) the nomination is withdrawn in the circumstances specified in subregulation 2.73C(3), (4), (5) or (6); and
 (d) after the withdrawal, the Minister receives a written request for a refund from:
 (i) the person who paid the amount (the payer); or
 (ii) if the payer has died, or the payer has a serious physical or mental incapacity—the payer's legal personal representative; or
 (iii) if the payer is a bankrupt within the meaning of the Bankruptcy Act 1966—the trustee of the estate of the payer.
 (4) The Minister must not make a refund on the basis that the applicant has died unless the request for the refund is accompanied by satisfactory evidence of the applicant's death.
 (5) The Minister must not make a refund to the legal personal representative of a payer who has died unless the request for the refund is accompanied by satisfactory evidence of the payer's death.
 (6) A refund under this regulation must be:
 (a) paid to the person who made the request for the refund; or:
 (b) if the refund is to be paid under subparagraph (1)(b)(ii)—paid to a person mentioned in subregulation (2A); or
 (c) provided to a person mentioned in paragraph (a) or (b) for payment to the applicant's deceased estate.
 (7) If:
 (a) in the opinion of the Minister, there is no doubt about the identity of the payer; and
 (b) the Minister pays the amount of the refund to:
 (i) the payer; or
 (ii) a person mentioned in paragraph (2A)(b) or (c); or
 (iii) a person mentioned in subparagraph (3)(c)(ii) or (iii); or
 (iv) a person mentioned in subparagraph (3A)(d)(ii) or (iii); or
 (v) a person mentioned in subparagraph (3B)(d)(ii) or (iii); or
 (vi) a person mentioned in subparagraph (3C)(d)(ii) or (iii);
a receipt that is given by the person to whom the refund is paid is, for all purposes, a valid discharge of any liability of the Commonwealth in relation to the payment of the amount of the refund.
 (8) A refund under this regulation may be paid:
 (a) in Australian currency; or
 (b) if the amount of the instalment in respect of which the refund is being paid was paid in another currency, in that other currency.
 (9) If:
 (a) an amount (the partial amount) has been refunded under regulation 2.12FA in relation to an application for a visa; and
 (b) the Minister must or may, under this regulation, refund an amount paid in relation to the application;
then, despite anything in