Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:4:p8
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 4 (pt 8/12)
Character Range: 103610–106214

notify the Secretary:
 (a) in respect of the referral fee—at the same time as the person refers the proposal to take the action; and
 (b) in respect of any fee that would otherwise be payable under this Division—at any time, but only in respect of fees that would be payable after the notification is given.
 (3) The notification must:
 (a) be in writing; and
 (b) set out the following:
 (i) the person's name and contact details;
 (ii) if the person is not the designated proponent—the designated proponent's name and contact details;
 (iii) if available—the referral number;
 (iv) the fee or fees for which the person qualifies for an exemption; and
 (c) include a declaration that the person is not taking the action on behalf of, or for the benefit of, any other person or entity; and
 (d) if the person is a small business entity—state the day or income year from which the person became a small business entity.
Note: The Secretary may ask a person to provide evidence that the person is a small business entity, see regulation 5.23A.
 (4) To avoid doubt:
 (a) a person may not give a notification in respect of a fee that has already been paid, even if the person could have given a notification under this regulation in respect of the fee; and
 (b) a person is not entitled to a refund of a fee that is paid before a notification is given under this regulation.

5.23A  Secretary may request evidence
  For the purpose of verifying that a person is a small business entity, the Secretary may request the person to provide evidence to support the person's notification that the person is a small business entity.

5.23B  Person exempt from paying fee to notify Secretary if circumstances change
 (1) If the declaration mentioned in paragraph 5.23(3)(c) in a person's notification ceases to be true, the person must advise the Secretary, in writing, of that fact before the person is required to pay another fee under this Division.
 (2) If a person ceases to be a small business entity, the person must advise the Secretary, in writing, of that fact before the person is required to pay another fee under this Division.
 (3) A person commits an offence if:
 (a) the person is required to advise the Secretary of a fact under this regulation; and
 (b) the person fails to advise the Secretary, in writing and within 10 business days, after the person first becomes aware of the fact.
Penalty: 50 penalty units.
 (4) An offence against subregulation (3) is an offence of strict liability.

5.23C  Effect of ceasing to qualify for an exemption
  If regulation 5.23B applies and a person ceases to be