Document ID: chunk:federal_register_of_legislation:F2024C00960:front:0:p14
Version: federal_register_of_legislation:F2024C00960
Segment Type: other
Provision Reference: 
Character Range: 31047–33514

to not exempt a person from paying a fee; or
 (b) to not defer the payment of a fee; or
 (c) to not refund a fee that has been paid; or
 (d) to not determine that a person may pay a reduced fee.

2.15  Debt due to Commonwealth, State or Territory
 (1) Any fee mentioned in Schedule 1 that is not paid in accordance with this instrument is recoverable by the Commonwealth as a debt due to the Commonwealth.
 (2) However:
 (a) if the fee is payable in relation to a proceeding in a Family Court of a State, the fee is recoverable by the State as a debt due to that State; and
 (b) if the fee is payable in relation to a proceeding in the Supreme Court of the Northern Territory, the fee is recoverable by the Northern Territory as a debt due to that Territory; and
 (c) if the fee is payable in relation to a proceeding in a court of summary jurisdiction of a State or Territory, the fee is recoverable by the State or Territory as a debt due to that State or Territory.

Part 3—Application, saving and transitional provisions

Division 3.1—Application, saving and transitional provisions in relation to the commencement of this instrument

3.01  Definitions
  In this Division:
old regulations means the Family Law (Fees) Regulation 2012, as in force immediately before 1 April 2023.
Note: This instrument commenced, and the old regulations were repealed, on 1 April 2023.

3.02  Application provision
  This instrument applies in relation to the liability of a person to pay any of the following fees:
 (a) a filing fee for filing a document on or after 1 April 2023;
 (b) a setting down fee for a hearing if the day when the hearing is fixed is on or after 1 April 2023;
 (c) a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed on or after 1 April 2023;
 (d) a conciliation conference fee for a conference if the conference is fixed on or after 1 April 2023;
 (e) any other fee under this instrument for a document or service provided on or after 1 April 2023.

3.03  Saving provision
  To avoid doubt, the old regulations continue to apply in relation to the liability of a person to pay a fee incurred under the old regulations before 1 April 2023.
Note: Section 7 of the Acts Interpretation Act 1901 preserves the liability despite the repeal of the old regulations by this instrument on 1 April 2023. That section applies in relation to regulations because of section 13 of the Legislation Act 2003.

3.04  Things done under the