Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p16
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
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Character Range: 36061–38568

defers the payment of the fee.
 (2) The relevant Registrar or authorised officer may defer the payment of a fee under subsection (1) (other than a fee mentioned in any of items 123 to 125 and 219 to 221 of Schedule 1) if:
 (a) in the opinion of the relevant Registrar or authorised officer:
 (i) for a filing fee for a document—the need to file the document is so urgent that it overrides the requirement to pay the filing fee before the document is filed; or
 (ii) considering the financial circumstances of the person liable to pay the fee, it would be oppressive or otherwise unreasonable to require payment of the fee in accordance with section 2.14; or
 (b) the liable person for the fee is represented by a lawyer who is not charging the person in relation to the proceeding.
 (3) If the payment of a fee is deferred, the fee must be paid:
 (a) within 28 days after the day the payment is deferred; or
 (b) within another period approved, in writing, by the relevant Registrar or authorised officer for the payment of that fee.
Note: If a setting down fee in relation to a hearing is deferred and the hearing does not occur, the setting down fee is still payable in accordance with this subsection.
 (4) A fee may be deferred more than once.
 (5) The relevant Registrar or authorised officer may impose conditions on the deferral of the payment of a fee.
Note: A decision of the relevant Registrar or authorised officer under this section is reviewable by the ART: see section 2.21.

2.16  Payment of fees on invoice

Payment of fee by approved user of court services
 (1) Section 2.14 does not apply to a fee payable in relation to a proceeding in a relevant court if, at the time the fee would be payable under that section, the liable person for the fee:
 (a) is an approved user of court services in relation to the relevant court; or
 (b) is represented by a lawyer who is an approved user of court services in relation to the relevant court.
 (2) If the liable person has not paid the fee, the relevant court may:
 (a) if paragraph (1)(a) applies—invoice the liable person for the fee; or
 (b) if paragraph (1)(b) applies—invoice the liable person, or the lawyer representing the liable person, for the fee.
 (3) The liable person or the lawyer (as applicable) must pay the fee within 30 days after the day the person or lawyer receives the invoice.

Approved user of court services
 (4) A person is an approved user of court services in relation to a relevant court if the relevant Registrar of