Document ID: chunk:federal_register_of_legislation:C2025C00175:section:67:p2
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 67 (pt 2/4)
Character Range: 222816–225643

(4) Where:
 (a) a determining authority has determined a claim (in this section called the original determination);
 (b) the authority, before making that determination, gave the claimant a notice under section 58 requesting the claimant to give it a document, or a copy of the document, specified in the notice (in this subsection called the relevant document);
 (c) the claimant failed to comply with the notice;
 (d) at the time when the authority determined the claim, it did not have the information contained in the relevant document nor was that information reasonably available to it;
 (e) after the claim was determined, the claimant gave the document, or a copy of the document, or the information contained in the relevant document, to the authority or to the Administrative Review Tribunal;
 (f) the authority reconsidered the original determination under subsection 62(1), and made a determination more favourable to the claimant than the original determination;
 (g) the authority 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 responsible authority would, but for subsection (5), be liable, under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;
the determining authority may make a declaration, in writing, that subsection (2) does not apply in relation to those costs.
 (5) Where a determining authority 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) A determining authority 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 a determining authority 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 responsible authority.
 (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:
 (a) if the Tribunal varies the relevant reviewable decision