Document ID: chunk:federal_register_of_legislation:C2025C00186:section:67:p1
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 67 (pt 1/4)
Character Range: 188607–191468

67  Costs of proceedings before Administrative Review Tribunal
 (1) Subject to this section, the costs incurred by a party to proceedings instituted under this Part in respect of that reviewable decision shall be borne by that party.
 (2) Subject to this section, where a proceeding instituted under this Part in respect of a reviewable decision relating to a determination is rendered abortive because a decision has been made, following a reconsideration under subsection 62(1), varying or revoking that determination, the Commonwealth is liable to reimburse the claimant for costs reasonably incurred by the claimant in connection with that proceeding.
 (3) Where:
 (a) the MRCC has determined a claim (in this subsection called the original determination);
 (b) the MRCC, before making that determination, gave the claimant a notice under section 58 requesting the claimant to give it the information specified in the notice (in this subsection called the relevant information);
 (c) the claimant failed to comply with the notice;
 (d) at the time when the MRCC determined the claim, it did not have the relevant information nor was the relevant information reasonably available to it;
 (e) after the claim was determined, the claimant disclosed the relevant information to the MRCC or to the Administrative Review Tribunal;
 (f) the MRCC reconsidered the original determination under subsection 62(1) and made a determination more favourable to the claimant than the original determination;
 (g) the MRCC is satisfied that, if it had had the relevant information at the time when the original determination was made, it would have made a determination more favourable to the claimant than the original determination; and
 (h) the Commonwealth would, but for subsection (5), be liable under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;
the MRCC may make a declaration, in writing, that subsection (2) does not apply to those costs.
 (4) Where:
 (a) the MRCC has determined a claim (in this section called the original determination);
 (b) the MRCC, before making that determination, gave the claimant a notice under section 58 requesting the claimant to give it a document, or a copy of the document, specified in the notice (in this subsection called the relevant document);
 (c) the claimant failed to comply with the notice;
 (d) at the time when the MRCC determined the claim, it did not have the information contained in the relevant document nor was that information reasonably available to it;
 (e) after the claim was determined, the claimant gave the document, or a copy of the document, or the information contained in the relevant document, to the MRCC or to the Administrative Review Tribunal;
 (f) the MRCC reconsidered the original determination under subsection 62(1), and made a determination more