General
(1) The fees and allowances payable to a person in relation to compliance with a summons under section 40A of the Act must be paid by:
(a) if the person was summoned at the request of a party to the proceeding--that party; or
(b) otherwise--the Commonwealth.
(2) The Tribunal may order that the fees and allowances of a person referred in in paragraph ( 1)(a) be paid, in whole or in part, by the Commonwealth.
Migration and Refugee Division
(3) The fees and allowances payable to a person in relation to compliance with a summons referred to in paragraph 363(3)(a) or 427(3)(a) of the Migration Act 1958 must be paid by:
(a) if the applicant notified the Tribunal under subsection 361(2) or 426(2) of the Migration Act 1958 that he or she wants the Tribunal to obtain evidence from the person--the applicant; or
(b) otherwise--the Commonwealth.