Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:4:p9
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 4 (pt 9/12)
Character Range: 105974–108582

becomes aware of the fact.
Penalty: 50 penalty units.
 (4) An offence against subregulation (3) is an offence of strict liability.

5.23C  Effect of ceasing to qualify for an exemption
  If regulation 5.23B applies and a person ceases to be qualified for an exemption, the person:
 (a) is not, as a result of ceasing to be so qualified, required to pay:
 (i) any fee that was not paid because the person qualified for an exemption; or
 (ii) a fee for the stage of assessment that is being carried out when the person ceases to be so qualified; but
 (b) is required to pay any fee that is payable after the person ceases to be so qualified.

Subdivision N—Miscellaneous rules relating to fees

5.24  Fees and transfer of approvals
 (1) This regulation applies if:
 (a) section 145B of the Act applies in relation to an action; and
 (b) any of the following are satisfied:
 (i) the transferor mentioned in subsection 145B(1) of the Act paid the referral fee or any other fee payable under this Division in relation to the assessment of the impacts of the action;
 (ii) the transferor mentioned in subsection 145B(1) of the Act was exempt from paying a referral fee or a fee that would have otherwise been payable under this Division in relation to the assessment of the impacts of the action;
 (iii) all or part of a fee that would have otherwise been payable under this Division by the transferor mentioned in subsection 145B(1) of the Act in relation to the assessment of the impacts of the action was waived.
 (2) For subparagraph 520(4C)(e)(ii) of the Act:
 (a) the Secretary must give the transferee mentioned in subsection 145B(1) of the Act a copy of the fee schedule relating to the assessment of the impacts of the action (see regulation 5.12J); and
 (b) in a case described in subparagraph (1)(b)(i)—the transferee mentioned in subsection 145B(1) of the Act must pay any fee that is, or will become, payable under this Division in relation to the assessment of the impacts of the action; and
 (c) in a case described in subparagraph (1)(b)(ii) or (iii)—the transferee mentioned in subsection 145B(1) of the Act must pay:
 (i) if the referral fee was waived or the transferor was exempt from paying the referral fee—the referral fee; and
 (ii) any other fee that would have been payable under this Division in relation to the assessment of the impacts of the action.
Note: The transferee may apply for a waiver (see regulation 5.21A) or qualify for an exemption (see regulation 5.23) in relation to some or all fees. However, the transferee's ability to apply for a reconsideration of some or all fees