CTHRepealedLegislation
Native Title (Tribunal) Regulations 1993
8When fees are not payable
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#### 8 When fees are not payable
The fee for an application is not payable if:
(a) the person or body liable to pay the fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law, or approved by the Attorney‑General, for the matter to which the fee relates; or
(aa) the person or body liable to pay the fee is assisted, for the matter to which the fee relates, by:
(i) a representative body recognised by the Commonwealth Minister under section 203AD of the Act; or
(ii) a person or body to whom funding has been made available by the Secretary of the Department under section 203FE of the Act; or
(b) the person liable to pay the fee is:
(i) the holder of one of the following cards issued by the Department of Social Security:
(A) a health care card;
(B) a health benefit card;
(C) a pensioner concession card;
(D) a Commonwealth seniors health card; or
(ii) the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or
(iii) an inmate of a prison or is otherwise lawfully detained in a public institution; or
(iv) a child under the age of 18 years; or
(v) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or
(vi) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(c) the person liable to pay the fee makes an application under section 35 of the Act for a determination in relation to a future act (the new application) in the following circumstances:
(i) the person is a Government party;
(ii) the person previously made an application under section 35 of the Act for a determination in relation to a future act (the first application);
(iii) the prescribed fee for the first application was paid;
(iv) the first application and the new application relate to the same future act;
(v) the first application was withdrawn to allow the person to negotiate in good faith with the other negotiation parties; or
(d) the Registrar, having had regard to the income, expenses, liabilities and assets of the person who is otherwise liable to pay the fee, waives the fee on the ground that payment of the fee would impose financial hardship on the person.