13Refund of fees under subsection 46(3) of the Act

#### 13 Refund of fees under subsection 46(3) of the Act (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.