Document ID: chunk:federal_register_of_legislation:F2024C00984:reg:35:p1
Version: federal_register_of_legislation:F2024C00984
Segment Type: reg
Provision Reference: reg 35 (pt 1/3)
Character Range: 70443–73129

35  Withdrawal of notice of intent or submission, and refund of fee or liability for deposit

Notice of intent or submission may be withdrawn at any time
 (1) Either of the following may be withdrawn by written notice given to the Department:
 (a) a notice of intent in relation to a proposed submission given under subsection 30(1);
 (b) a submission.

Refund of fee amount that was paid
 (2) If:
 (a) a notification is given under subsection 33(1) after receipt of a notice of intent in relation to a proposed submission; and
 (b) the notice of intent or the submission is withdrawn:
 (i) on or before the submission due day for the submission; or
 (ii) if the proposed submission is likely to be in, or the submission is in, the early re‑entry pathway category, the early resolution pathway category or the facilitated resolution pathway category—within 10 business days after the day the notification was given; and
 (c) all or part of the fee for providing submission services in response to the submission was paid before the withdrawal of the notice of intent or the submission;
the fee amount paid, except the deposit included in the fee, must be refunded.
Note: See also subsection (5) in relation to refund of the fee relating to a submission in the facilitated resolution pathway category.
 (3) If:
 (a) a notification is given under subsection 33(2) after receipt of a notice of intent in relation to a proposed submission; and
 (b) the submission is withdrawn within 10 business days after the day the notification was given; and
 (c) all or part of the fee for providing submission services in response to the submission was paid before the withdrawal of the submission;
the fee amount paid, except the deposit included in the fee, must be refunded.
Note: See also subsection (5) in relation to refund of the fee relating to a submission in the facilitated resolution pathway category.
 (4) If:
 (a) a notification is given under subsection 33(3) after receipt of a submission; and
 (b) the submission is withdrawn within 10 business days after the day the notification was given; and
 (c) all or part of the fee for providing submission services in response to the submission was paid before the withdrawal of the submission;
the fee amount paid, except the deposit included in the fee, must be refunded.
Note: See also subsection (5) in relation to refund of the fee relating to a submission in the facilitated resolution pathway category.
 (5) Despite subsection (2), (3) or (4), the Department need not make a refund under that subsection relating to a proposed submission in the facilitated resolution pathway category if the withdrawal occurs after the last business