(1) A person is exempt from paying a fee mentioned in Schedule 1 if, at the time the fee is payable, one or more of the following apply:
(a) the person has been granted legal aid under a legal aid scheme or service:
(i) established under a law of the Commonwealth or of a State or Territory; or
(ii) approved by the Attorney-General;
for the proceeding for which the fee would otherwise be payable;
(b) the 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;
(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;
(f) the person has been granted assistance under Part 11 of the Native Title Act 1993 by:
(i) a representative body within the meaning given by section 253 of that Act; or
(ii) a person or body to whom funding has been granted under section 203FE of that Act;
for the proceeding for which the fee would otherwise be payable.
(2) For paragraph (1) (b), the holder of a card does not include a dependant of the person who is issued the card.