Document ID: chunk:federal_register_of_legislation:F2024C00961:reg:26
Version: federal_register_of_legislation:F2024C00961
Segment Type: reg
Provision Reference: reg 26
Character Range: 47833–49762

26  Time for payment of fee
 (1) For paragraph 60AC(5)(c) of the Act, a body corporate must not require an applicant to pay a fee in dispute, and no interest is payable on the amount of the fee, until:
 (a) if no request for reconsideration is made in accordance with subregulation 23(2)—the time for making a request under subregulation 23(2) has passed; or
 (b) if a request for reconsideration is made in accordance with subregulation 23(2) or the Registrar decided to reconsider a matter mentioned in paragraph 23(1)(a) or (b) on his or her own initiative under subregulation 23(4)—the time for making an application to the Administrative Review Tribunal for review of an opinion or decision mentioned in subregulation 25(4) has ended.
 (2) If a fee is to be paid under subregulation (1), the fee must be paid by the end of whichever of the following periods ends the latest:
 (a) if no request for reconsideration was made in accordance with subregulation 23(2)—28 days after the time for making a request under subregulation 23(2) has passed;
 (b) if a request for reconsideration was made under subregulation 23(2) or the Registrar decided to reconsider a matter mentioned in paragraph 23(1)(a) or (b) on his or her own initiative under subregulation 23(4)—28 days after the time for making an application to the Administrative Review Tribunal for review of an opinion or decision mentioned in subregulation 25(4) has ended;
 (c) the period that the body corporate that charged the fee specifies in writing to the applicant.
Note: If the Registrar gives an opinion that the fee is not one that the body corporate may charge under section 60AB of the Act, the body corporate must withdraw the charge—see subsection 60AC(3) of the Act.

Part 5—Application, saving and transitional provisions

Division 1—Application of amendments made by the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021