Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This section applies to proceedings in the Federal Court.
(2) A fee mentioned in Schedule 1 is not payable in relation to any of the following proceedings:
(a) an appeal from a judgment in relation to an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986 ;
(b) an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 in either of the following circumstances:
(i) the person has been dismissed from employment in alleged contravention of Part 3-1 of that Act;
(ii) the person alleges that an employer has taken adverse action against the person in breach of section 351 of that Act;
(c) an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 if the person has been dismissed from employment in alleged contravention of section 772 of that Act;
(d) the trying of an election petition under the Aboriginal and Torres Strait Islander Act 2005 ;
(e) an application by a person to set aside a subpoena;
(f) a proceeding under the Child Support (Registration and Collection) Act 1988 ;
(g) an appeal on a question of law from a decision of the Administrative Appeals Tribunal in a child support first review (within the meaning of the Administrative Appeals Tribunal Act 1975 ) under subsection 44(1) of that Act;
(h) a proceeding for which an international convention that is in force for Australia provides that no fee is to be payable;
(i) an application under section 23 of the International Arbitration Act 1974 for the issue of a subpoena.
Taxation proceedings
(3) A fee mentioned in Schedule 1 is not payable in relation to any of the following kinds of proceedings if a relevant Registrar or authorised officer of the court is satisfied that the circumstance set out in subsection (4) apply in relation to the proceedings:
(a) an appeal under section 14ZZ of the Taxation Administration Act 1953 ;
(b) an appeal from a decision of the Taxation and Commercial Division of the Administrative Appeals Tribunal;
(c) an appeal from a single judge to the Full Court in relation to an appeal under section 14ZZ of the Taxation Administration Act 1953 .
Note: A decision of the relevant Registrar or authorised officer under this subsection is reviewable by the AAT: see section 2.21.
(4) The circumstances are that:
(a) the person lodging the appeal has lodged with the court another appeal for which the fee mentioned in Schedule 1 has been paid; and
(b) both appeals are the same kind of proceeding under subsection (3); and
(c) the appeal concerns an issue (other than a procedural issue) that is substantially the same as an issue of concern in the other appeal.