14Fees and allowances

14 Fees and allowances

Circumstances in which a person is not to be paid (1) Despite section 13 of this instrument, for the purposes of paragraph 77(2)(b) of the Act: (a) fees and allowances in relation to a proceeding are not to be paid to a person who is a party to the proceeding, unless the Tribunal orders otherwise; and (b) an allowance mentioned in paragraph 13(2)(a) of this instrument is not to be paid to a person if the person is given the equivalent in kind (such as access to pre‑paid travel, meals or accommodation) by the person who would otherwise have been required to pay the allowance under subsection (2) or (3) of this section. Who must pay (2) For the purposes of paragraph 77(2)(c) of the Act, a fee mentioned in subsection 13(1) or an allowance mentioned in subsection 13(2) of this instrument must be paid by: (a) if the person summoned under subsection 74(1) of the Act was summoned at the request of a party to a proceeding—the party; or (b) in any other case—the Commonwealth. (3) Despite paragraph (2)(a), the Tribunal may order that a fee or allowance mentioned subsection (2) be paid, in whole or in part, by the Commonwealth. When fees and allowances must be paid (4) For the purposes of paragraph 77(2)(d) of the Act, a person who is summoned under subsection 74(1) of the Act must be paid: (a) the fees for compliance with the summons as soon as practicable after the person has complied with the summons; and (b) the allowances for compliance with the summons: (i) when the person is given the summons; or (ii) within a reasonable time before the day the person is required to comply with the summons. Tribunal may make orders relating to the payment of a fee or allowance (5) For the purposes of paragraph 77(3)(c) of the Act, on application by a person summoned under subsection 74(1) of the Act at the request of a party to a proceeding, the Tribunal may, by order, determine the amount of fees or allowances to be paid under this Division if the person and the party cannot agree on the amount.