9Refunds

9 Refunds

(1) This regulation: (a) specifies, for the purposes of subsection 149(2) of the Act, circumstances in which a refund of charge under section 146 of the Act paid by an applicant for an application is to be made; and (b) provides, for the purposes of subsections 24(2), 110(3) and 149(2) of the Act, for the calculation of the amount of the refund. (2) The refund is to be made (whether or not subsection 24(2) or 110(3) of the Act applies) if either or both of the following apply: (a) the amount of the charge paid that is attributable to column 2 of the relevant item of the table in subregulation 8(2) (variable component) exceeds the Authority personnel variable work cost for the application; (b) the amount of the charge paid that is attributable to column 3 of the relevant item of the table in subregulation 8(2) (administrative component) exceeds the administrative costs of the Authority for the application. (3) The refund is the total of the excess described in whichever of paragraphs (2)(a) and (b) apply.