Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p9
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 19823–22436

if another person has paid the fee.

2.08  Fees not payable in certain Federal Court proceedings
 (1) This section applies to proceedings in the Federal Court.
 (2) A fee mentioned in Schedule 1 is not payable in relation to any of the following proceedings:
 (a) an appeal from a judgment in relation to an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986;
 (b) an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 in either of the following circumstances:
 (i) the person has been dismissed from employment in alleged contravention of Part 3‑1 of that Act;
 (ii) the person alleges that an employer has taken adverse action against the person in breach of section 351 of that Act;
 (ba) an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3‑5A of that Act;
 (c) an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 if the person has been dismissed from employment in alleged contravention of section 772 of that Act;
 (d) the trying of an election petition under the Aboriginal and Torres Strait Islander Act 2005;
 (e) an application by a person to set aside a subpoena;
 (f) a proceeding under the Child Support (Registration and Collection) Act 1988;
 (g) an appeal on a question of law from a decision of the Administrative Review Tribunal in a proceeding for ART review (within the meaning of the Child Support (Registration and Collection) Act 1988) under subsection 172(1) of the Administrative Review Tribunal Act 2024;
 (h) a proceeding for which an international convention that is in force for Australia provides that no fee is to be payable;
 (i) an application under section 23 of the International Arbitration Act 1974 for the issue of a subpoena.

Taxation proceedings
 (3) A fee mentioned in Schedule 1 is not payable in relation to any of the following kinds of proceedings if a relevant Registrar or authorised officer of the court is satisfied that the circumstance set out in subsection (4) apply in relation to the proceedings:
 (a) an appeal under section 14ZZ of the Taxation Administration Act 1953;
 (b) an appeal from a decision of the Taxation and Business jurisdictional area of the Administrative Review Tribunal;
 (c) an appeal from a single judge to the Full Court in relation to an appeal under section 14ZZ of the Taxation Administration Act 1953.
Note: A decision of the