17Refund of fees under subsection 46(3) of the Act

#### 17 Refund of fees under subsection 46(3) of the Act (1) The Minister may refund the whole or part of a fee that has been paid under section 46 of the Act in relation to an application made under section 16, 19C, 21 or 29 of the Act in any of the following circumstances: (a) a person has previously made an application under the same section and a decision on that application has not been made; (b) a person has made an application as a result of incorrect advice given by the Department; (c) a person is an Australian citizen; (d) a person has paid an incorrect fee. (2) The Minister may refund the whole or part of a fee that has been paid under section 46 of the Act in relation to an application made under section 33 of the Act in either of the following circumstances: (a) a person has previously made an application under the same section and a decision on that application has not been made; (b) a person has made an application as a result of incorrect advice given by the Department. (3) The Minister may refund the whole or part of a fee that has been paid under section 46 of the Act in relation to an application made under section 37 of the Act in any of the following circumstances: (a) a person has previously made an application under the same section and a decision on that application has not been made; (b) a person has made an application as a result of incorrect advice given by the Department; (c) a person has already been given evidence of his or her Australian citizenship, but a Departmental error was made which resulted in an error in the information provided in the evidence. (4) If a person: (a) made an application under section 21 of the Act; and (b) claimed eligibility in that application on the basis of the criteria in subsection 21(2) of the Act; and (c) paid the amount specified in item 13 of Schedule 3; and (d) does not satisfy the criteria in subsection 21(2) of the Act because he or she did not sit a test as described in paragraph 21(2A)(a) of the Act; the Minister may refund an amount equal to the difference between: (e) the amount specified in that item; and (f) the amount specified in item 10 or 17 of Schedule 3, whichever is applicable. (6) If a person: (a) made an application under section 21 of the Act; and (b) claimed eligibility in that application on the basis of the criteria in subsection 21(2) of the Act; and (c) paid the amount specified in item 14 of Schedule 3; and (d) does not satisfy the criteria in subsection 21(2) of the Act because he or she did not sit a test as described in paragraph 21(2A)(a) of the Act; the Minister may refund an amount equal to the difference between: (e) the amount specified in that item; and (f) the amount specified in item 16 or 18 of Schedule 3, whichever is applicable.