15Remission of fees (Act, s. 110)

15 Remission of fees (Act, s. 110)

(1) Subject to subregulations (2) and (3), if: (a) an application, statement, nomination or notification has been lodged and the prescribed fee has been paid; and (b) the application, statement, nomination or notification is withdrawn before: (i) the Minister: (A) has granted a permit under section 30 of the Act; or (B) has approved a foreign scheme under subsection 43(3) of the Act; or (ii) the Director: (A) has made a decision in relation to an application under subsection 14(3), 17(3) or 19(7) or section 25, 29, 37, 40, 42, 45, 50, 60, 66 or 89 of the Act; or (B) has given an assessment certificate under section 39 of the Act; or (C) has given an authorisation under section 22 of the Act; or (D) has waived or varied a requirement under section 24 of the Act; or (E) has published a notice under section 65 of the Act; the Director may, if he or she thinks fit, remit any part or the whole of the fee paid in respect of that application, statement, nomination or notification. (2) In exercising a discretion under subregulation (1), the Director must take into account the cost of any completed phase of the process of assessing or deciding the application, statement, nomination or notification. (3) If an application, statement, nomination or notification to which paragraph (1)(a) applies is withdrawn before consideration of it has begun: (a) subregulation (1) does not apply; and (b) 90% of the prescribed fee paid on the application, statement, nomination or notification must be repaid to the person or persons who paid it. (4) If: (a) a person lodges an application or notification and pays the prescribed fee; and (b) the Director considers that more information is needed to enable the Director to assess or otherwise process the application or notification; and (c) the Director considers the person can give the information to the Director; and (d) the Director gives the person a written notice specifying the information needed and requiring the person to give the information to the Director; and (e) the person fails, within the time (of at least 14 days) specified in the written notice for giving the information: (i) to give the Director the information; or (ii) to satisfy the Director that the person cannot give some or all of the information; the person is taken to have withdrawn the application or notification, and the Director must repay the prescribed fee minus the screening fee. (5) The screening fee is an amount equal to 15% of the prescribed fee. (6) The Director may remit a part, or the whole, of a fee paid for an application made under subsection 30A(1) of the Act for a chemical mentioned in paragraph 30A(1A)(a) or (b) of the Act.