Document ID: chunk:federal_register_of_legislation:F2022L00832:clause:1_13
Version: federal_register_of_legislation:F2022L00832
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 13373–14884

13  Special circumstances
 (1) The National VET Regulator may waive a Part 2 fee, in whole or in part, where the Regulator determines that:
 (a) special or unusual circumstances exist which cause the fee to be unreasonable or inequitable; or
 (b) it would be uneconomical to pursue the amount of the fee that remains unpaid.
 (2) The Regulator must waive a fee if:
 (a) a person paid the fee in relation to an application under section 200 of the Act; and
 (b) the Regulator does not consider the application because the application does not relate to a reviewable decision within the meaning of section 199 of the Act.
 (3) To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause the fee to be unreasonable or inequitable for the purposes of paragraph (1)(a).
 (4) To avoid doubt, the following circumstances do not constitute special or unusual circumstances for the purposes of paragraph (1)(a):
 (a) where the person required to pay the fee ceases to exist, or
 (b) where the person ceases to be registered under the Act and the Education Services for Overseas Students Act 2000; or
 (c) where the person ceases to carry on business as an NVR registered training organisation or as a registered provider.

14 Refund of waived fees
 (1) If a person has already paid a Part 2 fee, and the National VET Regulator waives the whole or part of the fee in accordance with this Part, the Regulator must refund the amount waived.

Part 4—Miscellaneous