Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:4:p7
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 4 (pt 7/12)
Character Range: 101184–103834

not been any substantial work done on the referral; and
 (ii) in the circumstances it would be appropriate to refund the referral fee.
Note: For the appropriation for the refund, see section 77 of the Public Governance, Performance and Accountability Act 2013.

5.22B  Working out the amount of a partial refund
 (1) If:
 (a) the Department has partially completed a particular stage of assessment of the relevant impacts of an action; and
 (b) any of the following are satisfied:
 (i) the Minister considers that there are exceptional circumstances justifying a refund of part of a fee that has been paid for that stage of assessment;
 (ii) the Minister makes a declaration under section 155 of the Act that Chapter 4 of the Act no longer applies to the action and considers that there should be a refund of part of the fee for the stage of assessment that is being carried out when the declaration takes effect;
 (iii) a person withdraws the referral of the proposal to take the action under section 170C of the Act and the Minister considers that there should be a refund of part of the fee for the stage of assessment that is being carried out when written notice of the withdrawal is given to the Minister;
the Minister must work out the amount of the refund using the method set out in subregulation (2).
 (2) For the purposes of paragraph 520(4C)(d) of the Act, the following method is prescribed:
 (a) first, the Minister must consider:
 (i) the steps that the Department has carried out under the relevant assessment approach for the particular stage of assessment; and
 (ii) the remaining steps to be carried out under the relevant assessment approach to complete that stage;
 (b) second, the Minister must estimate an appropriate portion of the fee payable for the particular stage of assessment that the Minister considers is attributable to the steps mentioned in subparagraphs (a)(i) and (ii).

Subdivision M—Exemptions from fees

5.23  Qualification for an exemption
 (1) For subparagraph 520(4C)(e)(v) of the Act, a person proposing to take an action qualifies for an exemption from the referral fee, or one or more fees that would otherwise be payable under this Division, if:
 (a) at the time the fee or fees would be payable, the person is:
 (i) an individual; or
 (ii) a small business entity; and
 (b) the person notifies the Secretary of that fact in accordance with this regulation.
 (2) The person may notify the Secretary:
 (a) in respect of the referral fee—at the same time as the person refers the proposal to take the action; and
 (b) in respect of any fee that would otherwise be payable under this Division—at any time,