Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:4:p10
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 4 (pt 10/12)
Character Range: 108348–110942

Note: The transferee may apply for a waiver (see regulation 5.21A) or qualify for an exemption (see regulation 5.23) in relation to some or all fees. However, the transferee's ability to apply for a reconsideration of some or all fees may be limited (see subregulation 5.20(2)).

5.24A  Fees and lapsed proposals
 (1) For subparagraph 520(4C)(e)(vi) of the Act, if the Minister makes a declaration under section 155 of the Act that Chapter 4 of the Act no longer applies to a controlled action, the person proposing to take the action:
 (a) is not entitled to a refund of:
 (i) the referral fee; or
 (ii) any fees paid for a completed stage of assessment; but
 (b) may be entitled to a partial refund for the stage of assessment that is being carried out when the declaration takes effect.
Note: For paragraph (b), see regulation 5.22B.
 (2) To avoid doubt, once the declaration takes effect, fees are no longer payable under this Division in respect of the action.

5.24B  Fees and a change of person proposing to take action
 (1) This regulation applies if:
 (a) section 156F of the Act applies in relation to an action; and
 (b) any of the following are satisfied:
 (i) the first person mentioned in subsection 156F(1) of the Act paid the referral fee or any other fee payable under this Division in relation to the assessment of the impacts of the action;
 (ii) the first person mentioned in subsection 156F(1) of the Act was exempt from paying a referral fee or a fee that would have otherwise been payable under this Division in relation to the assessment of the impacts of the action;
 (iii) all or part of a fee that would have otherwise been payable under this Division by the first person mentioned in subsection 156F(1) of the Act in relation to the assessment of the impacts of the action was waived.
 (2) For subparagraph 520(4C)(e)(ii) of the Act:
 (a) the Secretary must give the second person mentioned in subsection 156F(1) of the Act a copy of the fee schedule relating to the assessment of the impacts of the action (see regulation 5.12J); and
 (b) in a case described in subparagraph (1)(b)(i)—the second person mentioned in subsection 156F(1) of the Act must pay any fee that is, or will become, payable under this Division in relation to the assessment of the impacts of the action; and
 (c) in a case described in subparagraph (1)(b)(ii) or (iii)—the second person mentioned in subsection 156F(1) of the Act must pay:
 (i) if the referral fee was waived or the first person was exempt from paying the referral fee—the referral fee; and
 (ii) any other fee that would have