Document ID: chunk:federal_register_of_legislation:C2025C00186:section:67:p2
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 67 (pt 2/4)
Character Range: 191211–193986

the document, or a copy of the document, or the information contained in the relevant document, to the MRCC or to the Administrative Review Tribunal;
 (f) the MRCC reconsidered the original determination under subsection 62(1), and made a determination more favourable to the claimant than the original determination;
 (g) the MRCC is satisfied that, if it had had the information contained in the relevant document at the time when the original determination was made, it would have made a determination more favourable to the claimant than the original determination; and
 (h) the Commonwealth would, but for subsection (5), be liable, under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;
the MRCC may make a declaration, in writing, that subsection (2) does not apply in relation to those costs.
 (5) Where the MRCC makes a declaration under subsection (3) or (4) that subsection (2) does not apply in relation to costs incurred by a claimant, subsection (2) does not apply in relation to those costs.
 (6) The MRCC shall give a copy of a declaration made by it under subsection (3) or (4) to the claimant.
 (7) Application may be made to the Administrative Review Tribunal for review of a decision by the MRCC to make a declaration under subsection (3) or (4).
 (8) Where, in any proceedings instituted by the claimant, the Administrative Review Tribunal makes a decision:
 (a) varying a reviewable decision in a manner favourable to the claimant; or
 (b) setting aside a reviewable decision and making a decision in substitution for the reviewable decision that is more favourable to the claimant than the reviewable decision;
the Tribunal may, subject to this section, order that the costs of those proceedings incurred by the claimant, or a part of those costs, shall be paid by the Commonwealth.
 (8A) Subject to this section, the Administrative Review Tribunal may order that the costs incurred by the claimant of any proceedings instituted by the Commonwealth be paid by the Commonwealth.
 (9) Where the Administrative Review Tribunal gives a decision setting aside a reviewable decision and remitting the case for re‑determination by the determining authority, the Tribunal shall, subject to this section, order that the costs of the proceedings before it incurred by the claimant shall be paid by the Commonwealth.
 (10) Nothing in subsection (8), (8A) or (9) authorises the Administrative Review Tribunal to order a person to pay any costs incurred by a claimant in relation to an application for an extension of time for applying to the Tribunal for a review of a reviewable decision.
 (11) Where, in any proceedings, the Administrative Review Tribunal varies or sets aside a reviewable decision, the Tribunal shall not