19Prescribed fees—general

#### 19 Prescribed fees—general (1) Subject to this regulation, a fee of $777 (in this regulation called an application fee) is payable for lodging with the Tribunal of: (a) an application for review of a decision, other than a relevant taxation decision within the meaning of Part IIIAA of the Act; or (b) an application under subsection 28(1AC) of the Act; or (c) an application under subsection 62(2) of the Freedom of Information Act 1982; other than an application for review of a prescribed decision. > Note: This fee is subject to increase under regulation 19A. (2) In this regulation, prescribed decision means: (a) a decision specified in Schedule 3; or (b) a decision reviewable under the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in Schedule 3. (3) Subregulation (1) does not apply to a referral of a decision (being a referral that is deemed by an enactment to constitute an application to the Tribunal for review of the decision) where a fee is payable under a provision of that or another enactment on the lodgment of a request to refer the decision to the Tribunal. (5) If 2 or more applications: (a) relate to the same applicant; and (b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time; the Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable for those applications. (6) A fee of $100 is payable instead of the application fee if: (a) the person liable to pay the application fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General, for the matter to which the application fee relates; or (b) the person liable to pay the application fee is: (i) the holder of one of the following cards issued by the Department of Family and Community Services: (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 Family and Community Services or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or (iii) an inmate of a prison or is otherwise lawfully detained in a public institution; or (iv) a child under the age of 18 years; or (v) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or (vi) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme. (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. (6B) The fee for lodging an application is payable when the application is lodged. (6C) If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid. (6D) If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act. (7) A person who has paid an application fee or a fee mentioned in subregulation (6) or (6A) 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 person paid an application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant. (9) The refund amount is: (a) if the application was lodged before 1 November 2010—the application fee; and (b) if the application is lodged on or after 1 November 2010—the difference between the application fee and $100.