6Exemption from paying application fee

#### 6 Exemption from paying application fee (1) An applicant who is not an agency of the Commonwealth or a State or Territory may ask the Minister to exempt the applicant from the payment of the whole or part of the application fee mentioned in regulation 5. (2) A request must set out the reasons for making the request. (3) Within 14 days after the Minister receives the request, the Minister must: (a) decide whether to exempt the applicant from the payment of the whole or part of the application fee; and (b) give to the person who made the request written notice of the decision and reasons for the decision. (3A) If the request is on the basis that payment of the application fee would cause financial hardship to the applicant, the Minister must, in deciding whether to exempt the applicant from the payment of the whole or part of the application fee, have regard to the following: (a) whether the applicant has readily accessible finances to pay the fee; (b) whether the applicant is applying for an approval on behalf of a fuel supplier that has readily accessible finances to pay the fee; (c) whether the applicant is a not‑for‑profit organisation or has income or generates profits, and if so, the amount of that income or those profits; (d) whether the applicant is likely to receive financial benefit if the approval is granted and when this is likely to occur; (e) whether the applicant has incurred significant expense in relation to the application (such as for testing claims); (f) the reasons given by the applicant explaining why the payment of the fee would cause financial hardship to the applicant in the circumstances. (3B) If the request is made for a reason other than that payment of the application fee would cause financial hardship to the applicant, the Minister must, in deciding whether to exempt the applicant from the whole or part of the application fee, have regard to the following: (a) whether granting the approval would give the applicant a commercial advantage; (b) whether the approval is required to address potential issues with the operation of an engine arising from climatic conditions; (c) whether the applicant is a not‑for‑profit organisation; (d) whether the fee would impose an unreasonable cost on industry; (e) any other relevant matters. (4) The notice given under paragraph (3)(b) must include a statement that, subject to the Administrative Appeals Tribunal Act 1975, the person may apply to the Administrative Appeals Tribunal for review of the decision. (5) The person may apply to the Administrative Appeals Tribunal for the review of a decision by the Minister made under paragraph (3)(a). (6) If a request is made under subregulation (1) at the same time as an application is made under regulation 4, the application is taken not to have been made until the Minister has decided whether to exempt the applicant from the payment of the whole or part of the application fee.