Commonwealth Numbered Regulations

FUEL QUALITY STANDARDS REGULATIONS 2019 (F2019L00560) - REG 10

Request for exemption

             (1)  An applicant that is not an agency of the Commonwealth or an agency of a State or Territory may, in writing, request the Minister to exempt the applicant from the payment of the whole or part of the application fee prescribed by section 9.

             (2)  A request must set out the reasons for the request.

             (3)  Within 14 business days after the Minister receives the request, the Minister must:

                     (a)  decide whether to exempt the applicant from the payment of the whole or part of the application fee; and

                     (b)  give the applicant written notice of the decision and the reasons for the decision.

Grounds for Minister to consider in case of financial hardship

             (4)  If the reason for the request is that payment of the application fee would cause financial hardship to the applicant, the Minister must have regard to the following in making a decision under paragraph (3)(a):

                     (a)  whether the applicant has readily accessible finances to pay the fee;

                     (b)  whether the applicant is applying for an approval on behalf of a fuel supplier that has readily accessible finances to pay the fee;

                     (c)  whether the applicant is a not-for-profit organisation or has income or generates profits, and if so, the amount of that income or those profits;

                     (d)  whether the applicant is likely to receive a financial benefit if the approval is granted and when this is likely to occur;

                     (e)  whether the applicant has incurred significant expense in relation to the application for approval (such as for testing claims);

                      (f)  the reasons given by the applicant explaining why the payment of the fee would cause financial hardship to the applicant in the circumstances.

Grounds for Minister to consider if no financial hardship

             (5)  If the reason for the request is other than financial hardship to the applicant, the Minister must have regard to the following in making a decision under paragraph (3)(a):

                     (a)  whether granting the approval would give the applicant a commercial advantage;

                     (b)  whether the approval is required to address potential issues with the operation of an engine arising from climatic conditions;

                     (c)  whether the applicant is a not-for-profit organisation;

                     (d)  whether the fee would impose an unreasonable cost on industry.

Review by Administrative Appeals Tribunal

             (6)  The notice under paragraph (3)(b) must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , applications may be made to the Administrative Appeals Tribunal for review of the decision.

             (7)  Applications may be made to the Administrative Appeals Tribunal for the review of a decision by the Minister made under paragraph (3)(a).

             (8)  If a request is made under subsection (1) at the same time as an application is made under section 8, the application is taken not to have been made until the Minister has decided whether to exempt the applicant from the payment of the whole or part of the application fee.