65Refund or remission of fees if services not provided

65 Refund or remission of fees if services not provided

(1) This section applies if: (a) a person made a submission or an application under this instrument for the provision of services by the Commonwealth; and (b) either: (i) the submission or the application is withdrawn before any services are provided; or (ii) the Secretary decides that the Commonwealth cannot provide the services to which the submission or application relates. (2) If all or part of the fee for the provision of the services was paid, the Secretary must: (a) decide whether or not the fee amount paid is to be refunded to the person; and (b) notify the person, in writing, of the decision as soon as practicable after making it.

Note: A decision not to refund the fee is reviewable (see section 71).

(3) If no fee for the provision of the services was paid, the Secretary must: (a) decide whether to remit the fee; and (b) notify the person, in writing, of the decision as soon as practicable after making it.

Note: A decision not to remit the fee is reviewable (see section 71).

(4) This section does not apply in relation to a submission if the submission is withdrawn in the circumstances provided by section 35.

Note: Section 35 deals with refunds or liability for part of the fee if a notice of intent in relation to a submission, or a submission, is withdrawn in the circumstances provided by that section.

(5) This section does not apply in relation to an application for services made under this instrument if the application is withdrawn in the circumstances provided by section 12, 51 or 59.

Note: Those sections deal with refunds or liability for part of the fee if a notice of intent in relation to an application for services under Part 2, 4 or 5, or an application for services under Part 2, 4 or 5, is withdrawn in the circumstances provided by section 12, 51 or 59.