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FEDERAL COURT AND FEDERAL CIRCUIT AND FAMILY COURT REGULATIONS 2022 (F2023L00023) - REG 2.06A

Reduced fee or fee exemption for migration proceedings--financial hardship

             (1)  This section applies to a proceeding in the Federal Circuit and Family Court of Australia (Division 2) of a kind mentioned in item 201A of Schedule 1.

             (2)  If:

                     (a)  the full fee mentioned in item 201A of Schedule 1 is payable by an individual in relation to the proceeding; and

                     (b)  in the opinion of a relevant Registrar or an authorised officer of the Federal Circuit and Family Court of Australia (Division 2) at the time the fee is payable, the payment of the full fee would cause financial hardship to the individual;

the relevant Registrar or authorised officer may determine that:

                     (c)  the individual may instead pay the reduced fee specified in that item; or

                     (d)  if, in the opinion of the relevant Registrar or the authorised officer at that time, the payment of the reduced fee would also cause financial hardship to the individual--the individual is exempt from paying both the full fee and the reduced fee.

             (3)  In considering whether payment of the full fee or the reduced 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 AAT: see section 2.21.



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