Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:4:p6
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 4 (pt 6/12)
Character Range: 98834–101434

(i) the applicant's name and contact details;
 (ii) if the applicant has an ABN—the applicant's ABN;
 (iii) if the applicant has an ACN—the applicant's ACN;
 (iv) having regard to paragraphs 5.21(1)(a) and (b), the grounds on which the applicant considers that a waiver should be made and the reasons why it should be made.
 (4) The Minister must consider the application within 20 business days after it is made.
 (5) As soon as practicable after considering the application, the Minister must advise the person, by written notice, whether all or part of a fee has been waived and of the reasons for the Minister's decision.
 (6) To avoid doubt, the fact that, after considering the application, the Minister decides not to waive all or part of a fee does not prevent the Minister later waiving all or part of the fee on the Minister's own initiative.

Subdivision L—Refunds of fees

5.22  Refunds of a fee
 (1) For subparagraph 520(4C)(e)(vi) of the Act, this regulation sets out the circumstances in which a fee may be refunded, in whole or in part.
 (2) If a person pays a fee that the person is not required to pay, the Department must, on behalf of the Commonwealth, refund the fee.
 (3) If a person overpays a fee, the Department must, on behalf of the Commonwealth, refund the amount of the excess.
 (4) If a person pays a fee that is reduced after a reconsideration under Part 19A of the Act, the Department must, on behalf of the Commonwealth, refund the amount by which the fee is reduced.
Note: For the appropriation for the refund, see section 77 of the Public Governance, Performance and Accountability Act 2013.

5.22A  Refunds of a referral fee
 (1) For subparagraph 520(4C)(e)(vi) of the Act, if:
 (a) a person refers a proposal to take an action under Division 1 of Part 7 of the Act; and
 (b) the person pays the referral fee; and
 (c) the Minister decides not to accept the referral under section 74A of the Act;
the Department must, on behalf of the Commonwealth, refund the referral fee.
 (2) The Department must, on behalf of the Commonwealth, refund the amount of a referral fee paid by a person if:
 (a) the referral is withdrawn under section 170C of the Act before the Minister publishes an invitation under paragraph 74(3)(b) of the Act in relation to the referral; and
 (b) the Minister is satisfied that:
 (i) there has 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