13Fees and allowances in relation to compliance with summons

#### 13 Fees and allowances in relation to compliance with summons (1) For subsection 67(1) of the Act, this section prescribes fees and allowances payable to a person in relation to compliance with the following summonses: (a) a summons referred to in section 40A of the Act; (b) a summons referred to in paragraph 363(3)(a) of the Migration Act 1958; (c) a summons referred to in paragraph 427(3)(a) of the Migration Act 1958. (2) Fees or allowances are not payable to a person who is a party to the proceeding, unless the Tribunal orders otherwise. Fees and allowances for appearance (3) The fee payable to a person who is summoned to appear before the Tribunal to give evidence is: (a) if the person is remunerated in his or her occupation by wages, salary or fees—the amount of wages, salary or fees that are not paid to the person because the person attends the Tribunal; or (b) in any other case—a reasonable amount for each day on which the person attends the Tribunal. (4) The allowances payable to a person who is summoned to appear before the Tribunal to give evidence are: (a) a reasonable amount for travel between the person’s usual place of employment or residence and the place where the person attends the Tribunal; and (b) if the person is required to be absent overnight from the person’s usual place of residence—a reasonable amount for meals and accommodation. (5) However, a person is not entitled to an allowance for travel, meals or accommodation if the person is given the equivalent in kind (such as access to pre‑paid travel, meals or accommodation). Allowances for production of things (6) For a summons referred to in section 40A of the Act, the allowances payable for a person who is summoned to produce something are the person’s reasonable expenses of producing the thing. Tribunal may determine fees and allowances if amount not agreed (7) If a person was summoned at the request of a party to the proceeding, the person may apply to the Tribunal for a determination of the amount of fees or allowances payable under subsection (3), (4) or (6) in relation to compliance with the summons, if the person and the payer cannot agree on the amount. (8) A person is not excused from complying with a summons only because the person thinks that an amount paid to the person under this section is not sufficient.