sec.405Hearing of application by commission or magistrate

### sec.405 Hearing of application by commission or magistrate On hearing an application made under section 403 , the commission or magistrate— must order the agent to repay to the claimant the amount the commission or magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— the fee has not been repaid to the claimant; and the agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and may order the repayment to be made on the terms the commission or magistrate considers appropriate; and may order 1 party to pay costs to another party in an amount assessed by the commission or magistrate. - (a) must order the agent to repay to the claimant the amount the commission or magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— (i) the fee has not been repaid to the claimant; and (ii) the agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and - (i) the fee has not been repaid to the claimant; and - (ii) the agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and - (b) may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and - (c) may order the repayment to be made on the terms the commission or magistrate considers appropriate; and - (d) may order 1 party to pay costs to another party in an amount assessed by the commission or magistrate. - (i) the fee has not been repaid to the claimant; and - (ii) the agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and