Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p16
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 16/34)
Character Range: 309691–312317

meaning of the Bankruptcy Act 1966—the trustee of the estate of the payer.
Note: See regulation 2.12K in relation to who is the person who pays an amount by way of an instalment of visa application charge.

Making of refunds
 (3) The Minister must not make a refund to the legal personal representative of a payer who has died unless the Minister has been given satisfactory evidence of the payer's death.
 (4) A refund under this regulation must be:
 (a) paid to the person who made the request for the refund; or
 (b) provided to a person mentioned in paragraph (a) for payment to the applicant's deceased estate.
 (5) If:
 (a) in the opinion of the Minister, there is no doubt about the identity of the payer; and
 (b) the Minister pays the amount of the refund to:
 (i) the payer; or
 (ii) a person mentioned in paragraph (2)(b) or (c);
a receipt that is given by the person to whom the refund is paid is, for all purposes, a valid discharge of any liability of the Commonwealth in relation to the payment of the amount of the refund.
 (6) A refund under this regulation may be paid:
 (a) in Australian currency; or
 (b) if the amount of the instalment in respect of which the refund is being paid was paid in another currency—in that other currency.

Definition
 (7) In this regulation:
specified country means the following:
 (a) Federated States of Micronesia;
 (b) Fiji;
 (c) Kiribati;
 (d) Nauru;
 (e) Palau;
 (f) Papua New Guinea;
 (g) Republic of the Marshall Islands;
 (h) Samoa;
 (i) Solomon Islands;
 (j) Timor‑Leste;
 (k) Tonga;
 (l) Tuvalu;
 (m) Vanuatu.

2.12G  When payment of second instalment of visa application charge not required
 (1) In spite of any other provision of these Regulations, an applicant is not liable to pay the second instalment of the visa application charge in relation to an application for a visa if:
 (a) the applicant withdraws the application before the second instalment is paid; or
 (b) the application, having been finally determined within the meaning of section 11A of the Act, is refused.
 (2) For the purpose of this regulation, an application is taken not to have been finally determined if, for any reason, a court remits the application to the Minister to be decided.

2.12H  Refund of second instalment of visa application charge
 (1) The Minister must refund the amount paid by way of the second instalment of the visa application charge in relation to an application for a visa if:
 (a) any of the circumstances mentioned in subregulation (2) exists; and
 (b) the Minister receives a written request for a refund from:
 (i) the person who paid the amount (the payer);