Administrative Appeals Tribunal Amendment Regulations 2010 (No. 2)1
Select Legislative Instrument 2010 No. 241
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Administrative Appeals Tribunal Act 1975.
Dated 14 October 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ROBERT McCLELLAND
Attorney-General
1              Name of Regulations
                These Regulations are the Administrative Appeals Tribunal Amendment Regulations 2010 (No. 2).
2              Commencement
                These Regulations commence on 1 November 2010.
3              Amendment of Administrative Appeals Tribunal Regulations 1976
                Schedule 1 amends the Administrative Appeals Tribunal Regulations 1976.
4              Transitional
                Paragraphs 19 (6) (a) and (b) of the Administrative Appeals Tribunal Regulations 1976, as in force on 31 October 2010, apply to proceedings commenced before 1 November 2010.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulation 19 (6)
omit
An application fee is not payable
insert
A fee of $100 is payable instead of the application fee
[2]           Paragraphs 19 (6) (a) and (b)
omit each mention of
fee
insert
application fee
[3]           Subparagraph 19 (6) (b) (vi)
omit
Scheme; or
insert
Scheme.
[4]           Paragraph 19 (6) (c)
omit
[5]           Subregulation 19 (7)
substitute
      (6A)   If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay an application fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may order that a fee of $100 is payable instead of the application fee.
         (7)   A person who has paid an application fee or a fee mentioned in subregulation (6) or (6AA) is entitled to a refund of the fee if the fee was not payable.
         (8)   A person is entitled to a refund (the refund amount), if:
                (a)    the person paid an application fee but was liable to pay the fee mentioned in subregulation (6); or
               (b)    the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
         (9)   The refund amount is the difference between the application fee and $100.
[6]           Subregulations 19AA (6) to(9)
substitute
         (6)   Subregulation (6A) applies to a person if:
                (a)    the person is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General; or
               (b)    the person is:
                          (i)    the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:
                                   (A)     a health care card;
                                   (B)     a health benefit card;
                                   (C)     a pensioner concession card;
                                   (D)     a Commonwealth seniors health card; or
                         (ii)    the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or
                         (iii)    serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or
                        (iv)    a child under the age of 18 years; or
                         (v)    receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991; or
                        (vi)    receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991.
      (6A)   If a person mentioned in subregulation (6) is liable to pay a standard application fee or an additional fee:
                (a)    a fee of $100 is payable by the person instead of a standard application fee; and
               (b)    either:
                          (i)    if the lower application fee is less than $100 — an amount equal to the difference between the lower application fee and $100 is payable by the person instead of an additional fee; or
                         (ii)    in any other case — a fee of $100 is payable instead of an additional fee.
      (6B)   If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay a standard application fee or an additional fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may:
                (a)    order that a fee of $100 is payable instead of a standard application fee; or
               (b)    either:
                          (i)    if the lower application fee is less than $100 — order that an amount equal to the difference between the lower application fee and $100 is payable instead of an additional fee; or
                         (ii)    in any other case — order that a $100 fee is payable instead of an additional fee.
         (7)   A person who has paid any of the following fees is entitled to a refund of the fee if the fee was not payable:
                (a)    the lower application fee;
               (b)    the standard application fee;
                (c)    the additional fee;
               (d)    the fee mentioned in paragraph (6A) (a);
                (e)    the fee mentioned in subparagraph (6A) (b) (i);
                (f)    the fee mentioned in subparagraph (6A) (b) (ii).
         (8)   A person is entitled to a refund (the refund amount), if:
                (a)    the person paid the standard application fee but was liable to pay the lower application fee; or
               (b)    the person paid the standard application fee but was liable to pay the fee mentioned in paragraph 6A (a); or
                (c)    the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A) (b) (i); or
               (d)    the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A) (b) (ii); or
                (e)    the person has paid the standard application fee or the additional fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the person.
         (9)   For subregulation (8), the refund amount is:
                (a)    for paragraph (8) (a) — the difference between the standard application fee and the lower application fee; and
               (b)    for paragraph (8) (b) — the difference between the standard application fee and the fee mentioned in paragraph (6A) (a); and
                (c)    for paragraph 8 (c) — the difference between the additional fee and the fee mentioned in subparagraph (6A) (b) (i); and
               (d)    for paragraph 8 (d) — the difference between the additional fee and the fee mentioned in subparagraph (6A) (b) (ii); and
                (e)    for paragraph (8) (e) — the difference between the fee that was paid and $100.
[7]           Regulation 19A
omit
19 and 19AA are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 1996.
insert
19 (except the fees mentioned in subregulations (6) and (6A)) and 19AA (except the fees mentioned in paragraphs (6A) (a) and (6B) (a)) are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 2010.
[8]           Subregulation 19B (1), definition of fee
substitute
fee means a fee prescribed by regulation 19 (except a fee mentioned in subregulation (6) or (6A)) or 19AA (except a fee mentioned in paragraph (6A) (a) or (6B) (a)).
[9]           Subregulation 20 (1)
omit
a decision
insert
any of the following decisions
[10]         Paragraph 20 (1) (a)
omit
and
[11]         Paragraph 20 (1) (b)
substitute
               (b)    under subregulation 19 (6A), not to order that a fee of $100 is payable;
                (c)    under paragraph 19AA (6B) (a), not to order that a fee of $100 is payable;
               (d)    under subparagraph 19AA (6B) (b) (i) not to order that an amount equal to the difference between the lower application fee and $100 is payable;
                (e)    under subparagraph 19AA (6B) (b) (i) not to order that a fee of $100 is payable.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.