9 Circumstances in which a charge may be waived in whole or in part

(1) For the purpose of subsection 13(b) of the Act, a charge that would otherwise be payable under the Act may be waived, in whole or in part where, in the opinion of the National VET Regulator;

(a) special or unusual circumstances exist which cause the charge to be unreasonable or inequitable; or

(b) the amount of the charge that remains unpaid is so small that its recovery would be uneconomical to pursue.

(2) For the purposes of paragraph 9(1)(a), the following circumstances do not constitute grounds for granting a waiver:

(a) where the NVR registered training organisation required to pay the charge did not consent to the compliance audit or complaint investigation that resulted in the imposition of a charge; or

(b) where the NVR registered training organisation required to pay the charge does not agree with the outcome of the compliance audit or complaint investigation that resulted in the imposition of a charge; or

(c) where the NVR registered training organisation required to pay the charge ceases to exist, or ceases to be an NVR registered training organisation, or ceases to carry on business as a registered training organisation.

(3) To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause the charge to be unreasonable or inequitable for the purposes of paragraph (1)(a).