62Payment of fees

62 Payment of fees

(1) A fee payable under this instrument for services provided by the Commonwealth in response to a submission or an application made under this instrument must be paid: (a) in full to the Commonwealth; and (b) unless the Secretary has agreed, under subsection (2), to accept payment of the fee by instalments—before the end of 28 days starting on the day the Department gives a notification under this instrument that the fee is payable. (2) The Secretary may agree, in writing, to accept payment by instalments. (3) If, because of a decision notified under this instrument to a person, the person pays a fee amount under this instrument that is less than the amount referred to in the notification as being payable, the person must pay the Commonwealth an amount equal to the shortfall within: (a) 28 days after the day of the notification; or (b) a longer period allowed by the Secretary.

Note: The notification by the Secretary could be, for example:

(a) a notification relating to a different evaluation category or pricing category determined under subsection 37(1) or 52(1); or
(b) a notification under section 75 about an underpayment because of a replacement decision made as part of a review under Part 8.

(4) If a person pays a fee amount under this instrument that is more than the amount notified by the Secretary as being payable, the Commonwealth must refund to the person an amount equal to the excess within 20 business days after the later of: (a) the day the person paid the fee amount; and (b) the day the Secretary notified the person of the amount payable.

Note: The notice by the Secretary could be, for example:

(a) a notification relating to a different evaluation category or pricing category determined under subsection 37(1) or 52(1); or
(b) a notification under subsection 33(2) or (3) of a decision under subsection 68(1) to waive the fee; or
(c) a notification under section 75 about an overpayment because of a replacement decision made as part of a review under Part 8.

(5) This section does not apply in relation to a fee prescribed by section 64 (independent review fee).