16Refund of fee for application for review

16 Refund of fee for application for review

(1) This regulation applies in relation to an application for review made under subsection 42(1) of the Act. (2) An applicant under paragraph 42(1)(b), (c) or (d) of the Act who decides to withdraw a review application may apply to the Convenor for a refund of all or part of the review fee paid by the applicant. (3) An application for refund of all or part of a review fee must: (a) be in writing; and (b) state the date on which the application for classification was made; and (c) be made in a form acceptable to the Convenor. (4) In determining the amount of the review fee to be refunded, the Convenor must have regard to the following: (aa) if the application for refund was made no later than 1 business day after the application for review of a decision was made—the applicant is entitled to a full refund of the amount of the fee paid; (a) if the application for refund was made no later than 2 business days after the application for review of a decision was made—the amount of the fee that the Convenor is entitled to retain is $1 600; (b) if: (i) the application for refund was made 3 business days, or later, after the application for review of a decision was made; and (ii) the Review Board has not completely dealt with the application for review; the amount of the fee that the Convenor is entitled to retain is $4 000; (c) in any other case—the applicant is not entitled to a refund of the amount of the fee paid. (5) Within 28 days after receiving an application for refund, the Convenor must: (a) determine the amount of the review fee to be refunded to the applicant; and (b) give written notice of the decision to the applicant.