Administrative Review Tribunal Act 2024

PART 11 - MISCELLANEOUS  

Division 6 - Rules and regulations  

SECTION 296   TRIBUNAL MAY CHARGE FEES  

296(1)    
The Tribunal may, on behalf of the Commonwealth, charge fees in accordance with the rules.

296(2)    
The rules may provide for fees to be payable in respect of the following:

(a)    applications to the Tribunal (including applications taken to be made to the Tribunal);

(b)    applications to the President;

(c)    taxation of costs by the Tribunal;

(d)    proceedings in the Tribunal;

(e)    services provided by the Tribunal.

296(3)    
Without limiting the scope of rules that may be made for the purposes of subsection (2) , those rules may prescribe, or prescribe matters relating to, any or all of the following:

(a)    the circumstances in which a fee is to be paid;

(b)    who must pay;

(c)    the time when payment is required;

(d)    remittal, refund and waiver of fees.

296(4)    
Rules made for the purposes of subsection (2) may do any or all of the following:

(a)    prescribe fees in respect of a particular class or classes of applications, costs, proceedings or services;

(b)    prescribe different fees in respect of different classes of applications, costs, proceedings or services;

(c)    prescribe the amount of, or a method for working out the amount of, a fee;

(d)    make provision in relation to the whole or a part of a fee;

(e)    provide for the Tribunal to make orders relating to the payment of a fee in relation to a proceeding.

296(5)    
A fee must not be such as to amount to taxation.

296(6)    
A fee charged under subsection (1) :

(a)    is a debt due to the Tribunal, on behalf of the Commonwealth; and

(b)    is recoverable by the Tribunal, on behalf of the Commonwealth, in a court of competent jurisdiction.