12Withdrawal of notice of intent or ATAGI application, and refund of fee or liability for deposit

12 Withdrawal of notice of intent or ATAGI application, and refund of fee or liability for deposit

Notice of intent or ATAGI application may be withdrawn at any time (1) Either of the following may be withdrawn by written notice given to the Department: (a) a notice of intent in relation to a proposed ATAGI application given under subsection 9(1); (b) an ATAGI application. Refund of fee amount that was paid (2) If: (a) a notification is given under subsection 11(1) or (2) after receipt of a notice of intent in relation to a proposed ATAGI application; and (b) the notice of intent or the ATAGI application is withdrawn within 10 business days after the notification was given; and (c) all or part of the fee for providing ATAGI advice in response to the ATAGI application was paid before the withdrawal of the notice of intent or the ATAGI application; the fee amount paid, except the deposit included in the fee, must be refunded. (3) If: (a) a notification is given under subsection 11(3) after receipt of an ATAGI application; and (b) the ATAGI application is withdrawn within 10 business days after the day the notification was given; and (c) all or part of the fee for providing ATAGI advice in response to the ATAGI application was paid before the withdrawal of the application; the fee amount paid, except the deposit included in the fee, must be refunded. Liability for part of fee if no fee amount was paid (4) If: (a) a notice of intent in relation to a proposed ATAGI application, or an ATAGI application, is withdrawn as described in paragraph (2)(b) or (3)(b); and (b) no fee amount for providing ATAGI advice in response to the ATAGI application was paid before the withdrawal of the notice of intent or the ATAGI application; the Secretary must notify the applicant, in writing, that a fee of $465 is payable for the provision of administrative services by the Department in relation to the notice of intent or the ATAGI application.

Note 1: The fee specified in a notification given under this subsection is payable to the Commonwealth (see subsection 99YBA(4) of the Act) unless the fee is waived under section 68 of this instrument.

Note 2: Part 6 deals with the payment of fees, including the time for payment (see paragraph 62(1)(b)).