26Circumstances in which fees not chargeable

#### 26 Circumstances in which fees not chargeable 26 Circumstances in which fees not chargeable > > (1) Unless expressly provided by Schedule 1, fees under Schedule 1 are not payable by the Crown, or by a person acting on behalf of the Crown, in proceedings if any of the following is a party— > > > > > (a) the Crown, > > > > > (b) a Minister of the Crown, > > > > > (c) a statutory body the expenditure of which is paid out of the Consolidated Fund. > > > (2) Subclause (1) does not apply to SafeWork NSW. > > > (3) Subclause (1) does not prevent the recovery by the Crown, or the person or body, of any fees that would, had the fees been paid by the Crown or the person or body, have been so recoverable. > > > (4) The Industrial Registrar may require a person to provide evidence for the purpose of deciding whether a statutory body’s expenditure is paid out of the Consolidated Fund. > > > (5) Unless expressly provided by Schedule 1, fees under Schedule 1 are not payable by— > > > > > (a) an industrial organisation, or > > > > > (b) an association registered under Chapter 6 of the Act. > > > (6) A fee specified in an item in Schedule 1 is chargeable subject to the circumstances specified in a note to the item. > > **cl 26:** Am 2024 (253), Sch 1\[3\]; 2025 (303), Sch 1\[1\].