Part 1
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Commonwealth legislation
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Direct links to the current provisions in Australian Citizenship Regulations 2007.
These Regulations are the Australian Citizenship Regulations 2007
In these Regulations:
Act means the Australian Citizenship Act 2007.
Australian mission overseas means a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
Centrelink means the Commonwealth Services Delivery Agency that was established by the Commonwealth Services Delivery Agency Act 1997.
Note: The Agency was abolished on 1 July 2011 by the Human Services Legislation Amendment Act 2011.
credit card surcharge: see subregulation 12A(1).
Hague Convention on Intercountry Adoption means the Convention on Protection of Children and Co‑operation in respect of Intercountry Adoption, done at The Hague on 29 May 1993.
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
PayPal surcharge: see subregulation 12A(1).
pledge of commitment has the meaning given by section 27 of the Act.
Schedule 3 amount: see subregulation 12A(1).
For section 18 of the Act, a person is registered by the Minister: (a) making a record of the fact that the person is an Australian citizen by descent; and (b) including the record on a data storage system kept by the Department.
For section 19E of the Act, a person is registered by the Minister: (a) making a record of the fact that the person is an Australian citizen by adoption in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement; and (b) including the record on a data storage system kept by the Department.
For paragraphs 23(2)(a) and (3)(a) of the Act, the following visas are prescribed: (a) Employer Nomination (Permanent) (Class EN); (b) Labour Agreement (Migrant) (Class AU); (c) Labour Agreement (Residence) (Class BV); (d) Regional Employer Nomination (Permanent) (Class RN).
(1) For subsection 25(3) of the Act, this regulation prescribes reasons for failing to make a pledge of commitment. (2) A person has a prescribed reason for failing to make a pledge of commitment if: (a) the person was prevented from making a pledge because the Minister has determined under subsection 26(3) of the Act that the making of the pledge should be delayed for a specified period; and (b) either: (i) that specified period has not yet ended; or (ii) the specified period has ended, but the person has not yet had a reasonable period since the end of the specified period in which to make a pledge. (3) Subject to subregulation (5), a person has a prescribed reason for failing to make a pledge of commitment if: (a) the person could not make a pledge, either in Australia or at an Australian mission overseas, because during that period, the person was overseas: (i) for medical treatment that was not available in Australia; or (ii) for a purpose unrelated to medical treatment, and was unexpectedly hospitalised; or (iii) to care for a person who was critically ill; or (iv) for a funeral and other associated arrangements; and (b) either: (i) the person still cannot make a pledge for the reason mentioned in paragraph (a); or (ii) the person is now able to make a pledge, but the person has not yet had a reasonable period in which to do so. (4) Subject to subregulation (5), a person has a prescribed reason for failing to make a pledge of commitment if: (a) the person could not make a pledge because of an administrative error or omission made by: (i) the Commonwealth, a State or Territory; or (ii) an authority of the Commonwealth, a State or Territory; or (iii) a local government authority; and (b) either: (i) the error or omission has not been rectified; or (ii) the error or omission has been rectified, but the person has not yet had a reasonable period in which to make a pledge. (5) For subregulation(3) or (4), a person has a prescribed reason only if the person gives the Minister: (a) a signed statement to support the claim that includes a description of any effort that the person made to make a pledge of commitment within the relevant period; and (b) written evidence that supports the statement.
For subsection 27(2) of the Act, the arrangements are: (a) the pledge of commitment must be made in public if it is reasonably practicable; and (b) the person before whom the pledge is made must read aloud the address specified in Schedule 1 to the person making the pledge.
Note: The Department may notify additional arrangements for making a pledge of commitment, or conducting a ceremony, that are designed to impress upon applicants the responsibilities and privileges of Australian citizenship.
For section 31 of the Act, a person is registered by the Minister: (a) making a record of the fact that the person is an Australian citizen by resumption of citizenship; and (b) including the record on a data storage system kept by the Department.
(1) For subsection 37(3) of the Act, a notice must be given in accordance with the form in Schedule 2. (2) The signature of the Minister on the notice may be a facsimile that is printed or stamped.
For subsection 40(2) of the Act, a request must inform the applicant of the following matters: (a) why a personal identifier must be provided; (b) how a personal identifier may be collected; (c) how a personal identifier may be used; (d) the circumstances in which a personal identifier may be disclosed to a third party; (e) that a personal identifier may be produced in evidence in a court or tribunal in relation to the applicant who provided the personal identifier; (f) that the Privacy Act 1988 applies to a personal identifier, and that the applicant has a right to make a complaint to the Australian Information Commissioner about the handling of personal information; (g) that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies, and that the applicant has a right under that Act to seek access to that information or those documents under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.
For paragraph 46(1)(c) of the Act, if information or a document accompanying an application for citizenship is not originally in English, the information or document must be accompanied by an official English translation.
(1) This regulation applies to an application under section 37 of the Act for evidence of Australian citizenship if: (a) the application relates to the replacement of evidence of Australian citizenship that was lost, destroyed or damaged due to a natural disaster that is included on a list of natural disasters published by the Department on its website; and (b) the application is made within 18 months of the date specified for the natural disaster on the list. (2) For paragraph 46(1)(c) of the Act, the application must be accompanied by the following information or documents: (a) a statutory declaration stating that the evidence of Australian citizenship has been lost, destroyed or damaged due to the natural disaster; (b) if the evidence of Australian citizenship is damaged—the damaged evidence of Australian citizenship.
Note: No fee is payable for an application to which this regulation applies (see Schedule 3).
(1) For paragraph 46(1)(d) of the Act, the fee to accompany an application under a provision of the Act is the sum of: (a) the amount (the Schedule 3 amount) set out in Schedule 3 for the application; and (b) if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by credit card (other than a payment made in New Zealand currency or Singaporean currency)—the following amount (the credit card surcharge): (i) for payment by Visa or MasterCard credit card—0.98% of so much of the Schedule 3 amount as is paid by credit card; (ii) for payment by American Express or Japan Credit Bureau (JCB) credit card—1.4% of so much of the Schedule 3 amount as is paid by credit card; (iii) for payment by Diners Club International credit card—1.99% of so much of the Schedule 3 amount as is paid by credit card; and (c) if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by the PayPal system (other than a payment made in New Zealand currency or Singaporean currency)—the amount (the PayPal surcharge) of 1% of so much of the Schedule 3 amount as is paid by the PayPal system. (2) Payment of the fee to accompany the application must be made in a place, being Australia or a foreign country, that is mentioned in the places and currencies instrument.
Note: Foreign country is defined in section 2B of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
(3) The payment must also be made in a currency mentioned in the places and currencies instrument as a currency in which a fee may be paid in that place. (4) If the currency in which the amount is to be paid is a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out in accordance with the amount mentioned in the instrument that corresponds to the amount of the fee in Australian dollars. (5) If the currency in which the amount is to be paid is not a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out using the formula: View image in the official source where:
AUD means the amount of the fee in Australian dollars.
CER means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that:
(a) begins:
(i) on the day when this subregulation commences; or
(ii) on any subsequent day when the rate increases or decreases by at least 5%; and
(b) ends at the end of each day before another period begins.
(6) If the amount worked out by the formula cannot be paid wholly in banknotes of a country, the corresponding amount is the amount rounded up to the nearest larger amount that is payable wholly in banknotes of the country. (7) In this regulation:
conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies (IMMI 16/035) that commenced on 1 July 2016.
places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees (IMMI 16/036) that commenced on 1 July 2016.
(1) The Minister may refund the whole or part of a fee that is payable 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 payable 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 payable 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 mentioned in paragraph (a) 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 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 $20 of the fee payable under section 46 of the Act in relation to the application (which is the component of the fee that relates to the sitting of a test of that kind). (4A) If the Minister refunds $20 in relation to a fee under subregulation (4), and the fee included a credit card surcharge or PayPal surcharge, the Minister must also refund the proportion of the surcharge that is equal to the proportion that $20 is of the Schedule 3 amount included in the fee. (5) 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 14A 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 $105 of the fee payable under section 46 of the Act in relation to the application (which is the component of the fee that relates to the sitting of a test of that kind). (5A) If the Minister refunds $105 in relation to a fee under subregulation (5), and the fee included a credit card surcharge or PayPal surcharge, the Minister must also refund the proportion of the surcharge that is equal to the proportion that $105 is of the Schedule 3 amount included in the fee. (6) A refund under this regulation may be paid: (a) in Australian currency; or (b) if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.
For subsection 47(4) of the Act, the Minister must give notice of a decision under the Act, by: (a) personal delivery; or (b) prepaid post to the last address given to the Department; or (c) electronic means.
This Part makes transitional arrangements in relation to amendments of these Regulations.
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulations 2012 (No. 2) apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 July 2012.
The amendments of these Regulations made by Schedule 8 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 January 2013.
(1) The amendment of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 applies in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 July 2014. (2) The amendments of these Regulations made by items 2 to 8 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to an application made under Division 2 of Part 2 of the Act on or after 1 July 2014.
The amendments of these Regulations made by Part 1 of Schedule 1 to the Australian Citizenship Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 23 August 2014.
(1) The amendments of these Regulations made by item 1 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications made under the Australian Citizenship Act 2007: (a) an application made under section 19C of the Act, but not finally determined, before the commencement of the item; (b) an application made under section 19C of the Act on or after the commencement of the item. (2) The amendments of these Regulations made by item 2 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 3 November 2014. (3) The amendments of these Regulations made by item 3 of Schedule 6 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 1 January 2015.
(1) The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 1 July 2015. (2) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 apply in relation to an application made under section 37 of the Australian Citizenship Act 2007 on or after 1 July 2015.
The amendments of these Regulations made by Schedule 8 and Schedule 9 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application made under a provision of the Australian Citizenship Act 2007 on or after 1 January 2016.
Note: Schedules 8 and 9 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commence on 1 January 2016.
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016 apply in relation to an application made under the Australian Citizenship Act 2007 on or after 1 July 2016.
Note: Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016 commences on 1 July 2016.
(1) The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 apply in relation to applications made under a provision of the Act on or after 10 September 2016. (2) The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 apply in relation to applications made under a provision of the Act on or after 10 September 2016.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Australian Citizenship Regulations 2007
In these Regulations:
Act means the Australian Citizenship Act 2007.
Australian mission overseas means a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
Centrelink means the Commonwealth Services Delivery Agency that was established by the Commonwealth Services Delivery Agency Act 1997.
Note: The Agency was abolished on 1 July 2011 by the Human Services Legislation Amendment Act 2011.
credit card surcharge: see subregulation 12A(1).
Hague Convention on Intercountry Adoption means the Convention on Protection of Children and Co‑operation in respect of Intercountry Adoption, done at The Hague on 29 May 1993.
Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.
PayPal surcharge: see subregulation 12A(1).
pledge of commitment has the meaning given by section 27 of the Act.
Schedule 3 amount: see subregulation 12A(1).
For section 18 of the Act, a person is registered by the Minister: (a) making a record of the fact that the person is an Australian citizen by descent; and (b) including the record on a data storage system kept by the Department.
For section 19E of the Act, a person is registered by the Minister: (a) making a record of the fact that the person is an Australian citizen by adoption in accordance with the Hague Convention on Intercountry Adoption or a bilateral arrangement; and (b) including the record on a data storage system kept by the Department.
For paragraphs 23(2)(a) and (3)(a) of the Act, the following visas are prescribed: (a) Employer Nomination (Permanent) (Class EN); (b) Labour Agreement (Migrant) (Class AU); (c) Labour Agreement (Residence) (Class BV); (d) Regional Employer Nomination (Permanent) (Class RN).
(1) For subsection 25(3) of the Act, this regulation prescribes reasons for failing to make a pledge of commitment. (2) A person has a prescribed reason for failing to make a pledge of commitment if: (a) the person was prevented from making a pledge because the Minister has determined under subsection 26(3) of the Act that the making of the pledge should be delayed for a specified period; and (b) either: (i) that specified period has not yet ended; or (ii) the specified period has ended, but the person has not yet had a reasonable period since the end of the specified period in which to make a pledge. (3) Subject to subregulation (5), a person has a prescribed reason for failing to make a pledge of commitment if: (a) the person could not make a pledge, either in Australia or at an Australian mission overseas, because during that period, the person was overseas: (i) for medical treatment that was not available in Australia; or (ii) for a purpose unrelated to medical treatment, and was unexpectedly hospitalised; or (iii) to care for a person who was critically ill; or (iv) for a funeral and other associated arrangements; and (b) either: (i) the person still cannot make a pledge for the reason mentioned in paragraph (a); or (ii) the person is now able to make a pledge, but the person has not yet had a reasonable period in which to do so. (4) Subject to subregulation (5), a person has a prescribed reason for failing to make a pledge of commitment if: (a) the person could not make a pledge because of an administrative error or omission made by: (i) the Commonwealth, a State or Territory; or (ii) an authority of the Commonwealth, a State or Territory; or (iii) a local government authority; and (b) either: (i) the error or omission has not been rectified; or (ii) the error or omission has been rectified, but the person has not yet had a reasonable period in which to make a pledge. (5) For subregulation(3) or (4), a person has a prescribed reason only if the person gives the Minister: (a) a signed statement to support the claim that includes a description of any effort that the person made to make a pledge of commitment within the relevant period; and (b) written evidence that supports the statement.
For subsection 27(2) of the Act, the arrangements are: (a) the pledge of commitment must be made in public if it is reasonably practicable; and (b) the person before whom the pledge is made must read aloud the address specified in Schedule 1 to the person making the pledge.
Note: The Department may notify additional arrangements for making a pledge of commitment, or conducting a ceremony, that are designed to impress upon applicants the responsibilities and privileges of Australian citizenship.
For section 31 of the Act, a person is registered by the Minister: (a) making a record of the fact that the person is an Australian citizen by resumption of citizenship; and (b) including the record on a data storage system kept by the Department.
(1) For subsection 37(3) of the Act, a notice must be given in accordance with the form in Schedule 2. (2) The signature of the Minister on the notice may be a facsimile that is printed or stamped.
For subsection 40(2) of the Act, a request must inform the applicant of the following matters: (a) why a personal identifier must be provided; (b) how a personal identifier may be collected; (c) how a personal identifier may be used; (d) the circumstances in which a personal identifier may be disclosed to a third party; (e) that a personal identifier may be produced in evidence in a court or tribunal in relation to the applicant who provided the personal identifier; (f) that the Privacy Act 1988 applies to a personal identifier, and that the applicant has a right to make a complaint to the Australian Information Commissioner about the handling of personal information; (g) that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies, and that the applicant has a right under that Act to seek access to that information or those documents under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.
For paragraph 46(1)(c) of the Act, if information or a document accompanying an application for citizenship is not originally in English, the information or document must be accompanied by an official English translation.
(1) This regulation applies to an application under section 37 of the Act for evidence of Australian citizenship if: (a) the application relates to the replacement of evidence of Australian citizenship that was lost, destroyed or damaged due to a natural disaster that is included on a list of natural disasters published by the Department on its website; and (b) the application is made within 18 months of the date specified for the natural disaster on the list. (2) For paragraph 46(1)(c) of the Act, the application must be accompanied by the following information or documents: (a) a statutory declaration stating that the evidence of Australian citizenship has been lost, destroyed or damaged due to the natural disaster; (b) if the evidence of Australian citizenship is damaged—the damaged evidence of Australian citizenship.
Note: No fee is payable for an application to which this regulation applies (see Schedule 3).
(1) For paragraph 46(1)(d) of the Act, the fee to accompany an application under a provision of the Act is the sum of: (a) the amount (the Schedule 3 amount) set out in Schedule 3 for the application; and (b) if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by credit card (other than a payment made in New Zealand currency or Singaporean currency)—the following amount (the credit card surcharge): (i) for payment by Visa or MasterCard credit card—0.98% of so much of the Schedule 3 amount as is paid by credit card; (ii) for payment by American Express or Japan Credit Bureau (JCB) credit card—1.4% of so much of the Schedule 3 amount as is paid by credit card; (iii) for payment by Diners Club International credit card—1.99% of so much of the Schedule 3 amount as is paid by credit card; and (c) if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by the PayPal system (other than a payment made in New Zealand currency or Singaporean currency)—the amount (the PayPal surcharge) of 1% of so much of the Schedule 3 amount as is paid by the PayPal system. (2) Payment of the fee to accompany the application must be made in a place, being Australia or a foreign country, that is mentioned in the places and currencies instrument.
Note: Foreign country is defined in section 2B of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
(3) The payment must also be made in a currency mentioned in the places and currencies instrument as a currency in which a fee may be paid in that place. (4) If the currency in which the amount is to be paid is a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out in accordance with the amount mentioned in the instrument that corresponds to the amount of the fee in Australian dollars. (5) If the currency in which the amount is to be paid is not a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out using the formula: where:
AUD means the amount of the fee in Australian dollars.
CER means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that:
(a) begins:
(i) on the day when this subregulation commences; or
(ii) on any subsequent day when the rate increases or decreases by at least 5%; and
(b) ends at the end of each day before another period begins.
(6) If the amount worked out by the formula cannot be paid wholly in banknotes of a country, the corresponding amount is the amount rounded up to the nearest larger amount that is payable wholly in banknotes of the country. (7) In this regulation:
conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies (IMMI 16/035) that commenced on 1 July 2016.
places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees (IMMI 16/036) that commenced on 1 July 2016.
(1) The Minister may refund the whole or part of a fee that is payable 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 payable 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 payable 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 mentioned in paragraph (a) 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 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 $20 of the fee payable under section 46 of the Act in relation to the application (which is the component of the fee that relates to the sitting of a test of that kind). (4A) If the Minister refunds $20 in relation to a fee under subregulation (4), and the fee included a credit card surcharge or PayPal surcharge, the Minister must also refund the proportion of the surcharge that is equal to the proportion that $20 is of the Schedule 3 amount included in the fee. (5) 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 14A 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 $105 of the fee payable under section 46 of the Act in relation to the application (which is the component of the fee that relates to the sitting of a test of that kind). (5A) If the Minister refunds $105 in relation to a fee under subregulation (5), and the fee included a credit card surcharge or PayPal surcharge, the Minister must also refund the proportion of the surcharge that is equal to the proportion that $105 is of the Schedule 3 amount included in the fee. (6) A refund under this regulati
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