Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Section 2.14 does not apply to a fee payable in relation to a proceeding if the Registrar or an authorised officer of the relevant court defers the payment of the fee.
(2) The Registrar or authorised officer may defer the payment of a fee under subsection (1) if the fee is not a fee mentioned in any of items 123 to 125 and 219 to 221 of Schedule 1 and:
(a) in the opinion of the Registrar or authorised officer:
(i) for a filing fee for a document--the need to file the document is so urgent that it overrides the requirement to pay the filing fee before the document is filed; or
(ii) considering the financial circumstances of the person liable to pay the fee, it would be oppressive or otherwise unreasonable to require payment of the fee in accordance with section 2.14 ; or
(b) the person liable to pay the fee in relation to the proceeding is represented by a lawyer who is not charging the person in relation to the proceeding.
(3) If the payment of a fee is deferred, the fee must be paid:
(a) within 28 days after the day the payment is deferred; or
(b) within another period approved, in writing, by the Registrar or authorised officer for the payment of that fee.
Note If a setting down fee in relation to a hearing is deferred and the hearing does not occur, the setting down fee is still payable in accordance with this subsection.
(4) A fee may be deferred more than once.
(5) The Registrar or authorised officer may impose conditions on the deferral of the payment of a fee.
Note A decision of the Registrar or authorised officer under this section is reviewable by the AAT: see section 2.21.