6ARefund of application fee

6A Refund of application fee

(1) An application fee must be refunded if: (a) the application is withdrawn within 14 days after being made; and (b) the Minister has not considered the application. (2) If an application is withdrawn more than 14 days after being made, the applicant may request a refund of the application fee. (3) Within 14 days after receiving a request under subregulation (2), the Minister: (a) must decide whether to refund the application fee; and (b) must give to the applicant written notice of the decision and the reasons for the decision. (4) In deciding whether to refund an application fee under subregulation (3), the Minister must have regard to the following: (a) whether the Minister has considered the application; (b) whether the Commonwealth has incurred any financial obligations in relation to the application. (5) The notice given under paragraph (3)(b) must include a statement that, subject to the Administrative Appeals Tribunal Act 1975, the applicant may apply to the Administrative Appeals Tribunal for review of the decision. (6) The applicant may apply to the Administrative Appeals Tribunal for review of a decision by the Minister under paragraph (3)(a) not to refund an application fee.