51Withdrawal of notice of intent or pricing application, and refund of fee or liability for deposit

51 Withdrawal of notice of intent or pricing application, and refund of fee or liability for deposit

Notice of intent or pricing application may be withdrawn at any time (1) Either of the following may be withdrawn by written notice given to the Department: (a) a notice of intent in relation to a proposed pricing application given under subsection 48(1); (b) a pricing application. Refund of fee amount that was paid (2) If: (a) a notification is given under subsection 50(1) or (2) after receipt of a notice of intent in relation to a proposed pricing application; and (b) the notice of intent or the pricing application is withdrawn within 30 business days after the notification was given; and (c) all or part of the fee for providing pricing services in response to the pricing application was paid before the withdrawal of the notice of intent or the pricing application; the fee amount paid, except the deposit referred to in subsection 41(2) included in the fee, must be refunded. (3) If: (a) a notification is given under subsection 50(3) after receipt of a pricing application; and (b) the pricing application is withdrawn within 30 business days after the day the notification was given; and (c) all or part of the fee for providing pricing services in response to the pricing application was paid before the withdrawal of the application; the fee amount paid must be refunded. (4) If: (a) a notification is given: (i) under subsection 50(1) or (2) after receipt of a notice of intent in relation to a proposed pricing application; or (ii) under subsection 50(3) after receipt of a pricing application; and (b) the notice of intent, or the pricing application, is withdrawn after the end of the period of 30 business days beginning on the day the notification mentioned in paragraph (a) is given; and (c) the proposed pricing application, or pricing application, was or would have been for pricing services relating to the entering into of a deed under section 85E of the Act (whether or not other pricing services were or would have been applied for); and (d) all or part of the fee for providing pricing services in response to the pricing application was paid before the withdrawal of the notice of intent or the pricing application; the fee amount paid, except the relevant deposit referred to in subsection 41(3), must be refunded. Liability for part of fee if no fee amount was paid (5) If: (a) a notice of intent in relation to a proposed pricing application, or a pricing application, is withdrawn as described in paragraph (2)(b) or (3)(b); and (b) no fee amount for providing pricing services in response to the pricing application was paid before the withdrawal of the notice of intent or the pricing 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 pricing application.