Commonwealth Numbered Regulations

1993 No. 64 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 3

3.1 Subregulation (1): Omit the subregulation, substitute:

"(1) Subject to this regulation, a fee of $300 (in this regulation called an
'application fee') is payable for lodging with the Tribunal of:

   (a)  an application for review of a decision; or

   (b)  an application under subsection 28 (1AC) of the Act; or

   (c)  an application under subsection 62 (2) of the
        Freedom of Information Act  1982 ; other than an application for
        review of a prescribed decision.".
3.2 Add at the end:

"(4) Subject to subregulations (5) and (6), an application fee payable for
lodging an application must be paid before lodgment.

"(5) If 2 or more applications:

   (a)  relate to the same applicant; and

   (b)  may, in the opinion of the Registrar or a Deputy Registrar, be
        conveniently heard before the Tribunal at the same time; the Registrar
        or a Deputy Registrar may order that only 1 fee is payable for those
        applications.

"(6) An application fee is not payable if:

   (a)  the person liable to pay the fee is granted legal aid, under a legal
        aid scheme or service established under Commonwealth, State or
        Territory law or approved by the Attorney-General, for the matter to
        which the application relates; or

   (b)  the person liable to pay the fee is:

        (i)    the holder of a pensioner health benefit card, a health benefit
               card, a pharmaceutical benefits concession card or a health
               care card; or

        (ii)   an inmate of a prison or is otherwise lawfully detained in a
               public institution; or

        (iii)  a child under the age of 18 years; or

        (iv)   in receipt of AUSTUDY within the meaning of the AUSTUDY
               Regulations; or

   (c)  the Registrar or a Deputy Registrar, having regard to the income, day
        to day living expenses, liabilities and assets of the person liable to
        pay the fee, waives the fee on the ground that payment of the fee
        would impose financial hardship on the person.

"(7) A person who has paid an application fee is entitled to a refund of the
fee if:

   (a)  the fee was not payable; or

   (b)  the Tribunal certifies that proceedings have terminated in a manner
        favourable to the applicant.".