Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:4:p4
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 4 (pt 4/12)
Character Range: 94259–96767

Minister under subsection 156A(1) of the Act to accept a variation of a proposal to take an action, the request must be accompanied by a fee of $1,353.00.
Note: The Minister need not consider the request if it is not accompanied by the fee. See section 521A of the Act.

Subdivision J—Reconsideration of fees

5.20  Application for reconsideration of fee

Requirements of an application
 (1) For paragraph 514Y(3)(a) of the Act, an application must:
 (a) be in writing; and
 (b) set out the following:
 (i) the applicant's name and contact details;
 (ii) if the applicant has an ABN—the applicant's ABN;
 (iii) if the applicant has an ACN—the applicant's ACN;
 (iv) the referral number;
 (v) the kind of fee to be reconsidered;
 (vi) the amount of the fee;
 (vii) the method that was used to work out the fee; and
 (c) acknowledge that as a result of the reconsideration:
 (i) a new fee may be worked out; and
 (ii) the new fee may be higher than the original fee.

Limit on application by a transferee
 (2) To avoid doubt, if:
 (a) section 145B of the Act applies in relation to an action; and
 (b) the transferor mentioned in subsection 145B(1) of the Act applied for a reconsideration of the referral fee or any other fee payable under this Division in relation to the assessment of the impacts of the action;
the transferee mentioned in subsection 145B(1) of the Act may not apply for a reconsideration of a fee in respect of which an application has previously been made.

Limit on application by a second person in case of a change of person taking action
 (3) To avoid doubt, if:
 (a) section 156F of the Act applies in relation to an action; and
 (b) the first person mentioned in subsection 156F(1) of the Act applied for a reconsideration of the referral fee or any other fee payable under this Division in relation to the assessment of the impacts of the action;
the second person mentioned in subsection 156F(1) of the Act may not apply for a reconsideration of a fee in respect of which an application has previously been made.

5.20A  Reconsideration results in higher fee
 (1) If:
 (a) the method used to work out a fee is reconsidered under section 514YA of the Act; and
 (b) as a result of the reconsideration, a new fee is worked out by using the method again; and
 (c) the new fee is higher than the original fee;
the person must pay the new fee, or if the person had paid the original fee, the amount by which the new fee is higher than the original fee.
 (2) The amount of the new fee or