Document ID: chunk:federal_register_of_legislation:C2004C00357:schedule:2:p2
Version: federal_register_of_legislation:C2004C00357
Segment Type: schedule
Provision Reference: sch 2 (pt 2/4)
Character Range: 151902–155399

Administrative Appeals Tribunal under this Part shall be borne by that party.
                                         (2) Where:
                                               (a) the Administrative Appeals Tribunal gives a decision:
                                                 (i) varying a determination of the Commissioner in a manner favourable to a party to the determination other than the Commonwealth; or
                                                 (ii) setting aside a determination of the Commissioner and making a determination in substitution for the determination so set aside that is more favourable to a party to the determination other than the Commonwealth than the determination so set aside; or
                                               (b) the Administrative Appeals Tribunal gives a decision:
                                                 (i) varying the determination of the Commissioner in a manner adverse to a party to the determination other than the Commonwealth; or
                                                 (ii) setting aside a determination of the Commissioner and making a determination in substitution for the determination so set aside that is less favourable to a party to the determination other than the Commonwealth than the determination so set aside;
                                            not being a decision made as the result of an application to the Tribunal by or on behalf of that party;
                                         the Administrative Appeals Tribunal may order that the costs of the proceedings before it incurred by that party, or a part of those costs, shall be paid by the Commonwealth.
                                         (3) Where the Administrative Appeals Tribunal gives a decision setting aside a determination of the Commissioner and remitting the case for re‑determination by the Commissioner, the Administrative Appeals Tribunal shall order that the costs of the proceedings before it incurred by parties to the determination other than the Commonwealth shall be paid by the Commonwealth.
                                         (4) Where:
                                               (a) the Administrative Appeals Tribunal gives a decision affirming a determination of the Commissioner; and
                                               (b) a party to the determination, not being the Commonwealth or a party by or on behalf of whom the proceedings were instituted, incurred costs in connection with the proceedings before the Tribunal;
                                         the Tribunal shall order that those costs shall be paid by the Commonwealth.
                                         (5) Nothing in subsection (2), (3) or (4) authorized the Administrative Appeals Tribunal to order the Commonwealth to pay any costs incurred by a party in relation to an application for an extension of time for applying to the Tribunal for a review of a determination.
                                         (6) Where, in accordance with this section, the Administrative Appeals Tribunal orders the Commonwealth to pay costs incurred by a party to a determination, the Tribunal may, in the absence of agreement between the Commonwealth and that party as to the amount of the costs to be so paid, tax or settle the amount of the costs to be so paid or order that the costs be taxed by the Registrar or a Deputy Registrar of the Tribunal.
                                         (7) This