Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Section 2.09 does not apply if a Registrar or an authorised officer of the relevant court for a proceeding defers the payment of a fee mentioned in Schedule 1 in relation to the proceeding.
(2) The Registrar or authorised officer may defer the payment of a fee under subsection (1) if, in the opinion of the Registrar or authorised officer:
(a) for a filing fee for a document (other than the fee mentioned in item 5 of Schedule 1)--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
(b) 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 2.09.
(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 a Registrar or an authorised officer under this section is reviewable by the AAT: see section 2.14.