Document ID: chunk:federal_register_of_legislation:F2024C00960:front:0:p6
Version: federal_register_of_legislation:F2024C00960
Segment Type: other
Provision Reference: 
Character Range: 12355–15005

person is the holder of any of the following cards issued by the Commonwealth:
 (i) a health care card;
 (ii) a pensioner concession card;
 (iii) a Commonwealth seniors health card;
 (iv) any other card that certifies the holder's entitlement to Commonwealth health concessions;
 (c) the person is serving a sentence of imprisonment or is otherwise detained in a public institution, or is in immigration detention (within the meaning of the Migration Act 1958);
 (d) the person is younger than 18;
 (e) the person is receiving youth allowance or Austudy payments under the Social Security Act 1991 or benefits under the ABSTUDY Scheme.
 (2) For paragraph (1)(b), the holder of a card does not include a dependant of the person who is issued the card.

2.05  Persons exempt from paying fees—financial hardship
 (1) If:
 (a) a fee mentioned in Schedule 1 (other than a fee mentioned in item 1, 2 or 10A of Schedule 1) is payable by an individual in relation to a proceeding; and
 (b) in the opinion of a relevant Registrar or an authorised officer of the relevant court at the time the fee is payable, the payment of the fee would cause financial hardship to the individual;
the relevant Registrar or authorised officer may exempt the individual from paying the fee.
 (2) In considering whether payment of a fee would cause financial hardship to an individual, the relevant Registrar or authorised officer must consider the individual's income, day‑to‑day living expenses, liabilities and assets.
Note: A decision of a relevant Registrar or an authorised officer under this section is reviewable by the ART: see section 2.14.

2.05A  Persons exempt from paying fees—independent children's lawyer
  An independent children's lawyer appointed to represent a child's interests in proceedings under the Family Law Act is exempt from paying the fees mentioned in items 9 and 19 of Schedule 1 in relation to the proceedings.

2.06  Reduced fees for filing applications for divorce or nullity of marriage orders

General
 (1) If:
 (a) a full fee mentioned in item 1 or 2 of Schedule 1 is payable by a person in relation to a proceeding; and
 (b) the person is exempt under section 2.04 from paying any other fees mentioned in Schedule 1;
the person may pay the reduced fee mentioned in the item instead of the full fee that would otherwise be payable.

Financial hardship
 (2) If:
 (a) a fee mentioned in item 1 or 2 of Schedule 1 is payable by an individual in relation to a proceeding; and
 (b) in the opinion of a relevant Registrar or an authorised officer of the relevant court at the time the full fee is payable, the payment of the full fee would cause