Document ID: chunk:federal_register_of_legislation:C2025C00114:section:91
Version: federal_register_of_legislation:C2025C00114
Segment Type: section
Provision Reference: s 91
Character Range: 172587–174383

91  Waiver of fees

Fee waiver on application
 (1) The Minister may, on written application, waive all or part of the payment of fees payable, or notionally payable, in respect of an application under this Act if:
 (a) in the Minister's opinion it is in the public interest to do so for public health or educational reasons; or
 (b) the body that would be liable, or notionally liable, for the fee is:
 (i) the Commonwealth, a State or a Territory (or an authority of one of those bodies); or
 (ii) an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012; or
 (iii) a not‑for‑profit entity that is not an ACNC type of entity; or
 (c) the payment is for special interest material having a limited distribution that is:
 (i) wholly or mainly a documentary record of an event; or
 (ii) of a cultural or like nature; or
 (iii) a short film from a new or emerging film maker;
  and, in the Minister's opinion, it is in the public interest to do so.

Notice of decision
 (2) The Minister must, within 28 days after making a decision under subsection (1), notify the applicant in writing of the decision and of the reasons for the decision.
 (3) The notice must include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for a review of the decision.
 (4) A failure to comply with subsection (3) does not invalidate the decision.

Review by ART
 (5) Applications may be made to the Administrative Review Tribunal for review of decisions under subsection (1).

Delegation
 (6) The Minister may, in writing, delegate his or her power to waive fees to:
 (a) the Secretary of the Department; or
 (b) an SES employee, or acting SES employee, in the Department.