(1) If the whole or part of the application fee prescribed by section 9 is paid, the application fee paid must be refunded if:
(a) the application is withdrawn within 14 days after being made; and
(b) the Minister has not considered the application.
(2) If an application is withdrawn more than 14 days after being made, the applicant may request a refund of the application fee paid.
(3) Within 14 business days after receiving a request under subsection (2), the Minister must:
(a) decide whether to refund the application fee; and
(b) give the applicant written notice of the decision and the reasons for the decision.
(4) In deciding whether to refund the application fee, the Minister must have regard to the following:
(a) whether the Minister has considered the application;
(b) whether the Commonwealth has incurred any financial obligations in relation to the application.
(5) 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.
(6) Applications may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under paragraph (3)(a) not to refund an application fee.