Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:8:p2
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 8 (pt 2/6)
Character Range: 61960–64688

advice certificate is $290.
Maximum amounts of claim inclusive of GST
The maximum amounts of a claim are inclusive of GST and an eligible adviser is not entitled to make any further claim on account of GST.
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                 1. Secretary to decide claim
If the Secretary receives a claim for payment under section 9.07, the Secretary must decide whether to:
approve payment of the claim; or
refuse payment of the claim.
In deciding whether to approve or refuse payment of the claim, the Secretary:
must consider whether the amount claimed reflects the work undertaken; and
may consider any other relevant matter.
If the Secretary refuses payment of a claim, the Secretary must provide a statement to the person who made the claim setting out why the claim was refused and inviting the person to make another claim under section 9.07 addressing those issues.
 1. Deceased persons
10.01 Purpose of this Chapter
This Chapter is made under subsection 97(3) of the Act and sets out the way in which a person can apply to be recognised by the Secretary as a deceased person's legal personal representative.
10.02 Making an application to be a legal personal representative
A person may apply to the Secretary in the approved form for a determination that the person is a legal personal representative for a deceased person for the purposes of the Act and these rules.
An application must be accompanied by such information and documents as are specified in the approved form.
10.03 Secretary may determine that a person is a legal personal representative
If the Secretary receives an application under section 10.02, the Secretary may determine that the person (the LPR applicant) is a legal personal representative for a deceased person (the deceased person) for the purposes of the Act and these rules if the Secretary is satisfied that:
the LPR applicant is an executor of the deceased person's estate; or
the LPR applicant is an administrator of the deceased person's estate; or
the LPR applicant has control of the deceased person's estate under a law of the Commonwealth or of a state or territory; or
there is no executor or administrator of the deceased person's estate and it is appropriate (having regard to the matters specified in subsection (3)) for the LPR applicant to be the deceased person's legal personal representative for the purposes of the Act and these rules.
To avoid doubt, for the purposes of paragraph 10.03(1)(d), the Secretary is not required to make inquiries about whether there is an executor or administrator of the deceased person's estate.
The matters to which the Secretary must have regard in making a decision under paragraph 10.03(1)(d) are:
whether it is