Document ID: chunk:federal_register_of_legislation:F2024C00960:front:0:p10
Version: federal_register_of_legislation:F2024C00960
Segment Type: other
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Character Range: 21944–24407

that it overrides the requirement to pay the filing fee before the document is filed; or
 (b) considering the financial circumstances of the liable person for the fee, it would be oppressive or otherwise unreasonable to require payment of the fee in accordance with section 2.09.
 (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 a relevant Registrar or an authorised officer under this section is reviewable by the ART: see section 2.14.

2.11  What happens if fees are not paid
 (1) This section applies if the payment of a fee is not deferred under section 2.10.
 (2) If a person is required to pay a fee mentioned in Schedule 1 in relation to a proceeding before the filing of a document or the provision of a service for which the fee is payable, the document must not be filed or the service must not be provided until the whole fee is paid.
 (3) However, the relevant court for the proceeding, or a Judge or relevant Registrar of that court, may allow the document to be filed or the service to be provided despite the fee, or part of the fee, not being paid.
 (4) If a setting down fee, a hearing fee or a conciliation conference fee (or a part of any of those fees) is not paid in relation to a proceeding:
 (a) the relevant court, or a Judge or relevant Registrar of that court, may order that no proceeding, or no proceeding other than a specified proceeding, is to take place except by leave; and
 (b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the relevant court, or of a Judge or relevant Registrar of that court, to make an order for costs for the fee; and
 (c) the relevant court, or a Judge or relevant Registrar of that court, may vacate the day scheduled for the hearing or conciliation conference.

Division 2.6—Miscellaneous

2.12  Refund of fees

General
 (1) A person is entitled to a refund of an amount in relation to the payment of