5Refund and remission of fees in specified circumstances

5 Refund and remission of fees in specified circumstances

(1) If a person has paid, in respect of a matter, an amount greater than the prescribed fee for the matter, the Registrar may refund to the person so much of the amount as is excess to the fee. (2) If a service in respect of which a person has paid a fee has not been provided, or has been provided only in part, the Registrar may refund the fee, or so much of the fee as is proportionate to the part of the service that has not been provided, as appropriate. (3) If a person to whom a refund could be made under subregulation (1) or (2) agrees, the Registrar may remit, against a fee that the person subsequently becomes liable to pay, an amount equal to the amount that could be refunded. (4) The Registrar must notify each person to whom subregulation (1) or (2) applies of: (a) the Registrar’s decision whether to refund or remit an amount, a fee or part of a fee (as the case may be); and (b) if the decision is a refusal—the reasons for that decision. (5) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Registrar: (a) to refuse to refund: (i) an amount paid in excess of a prescribed fee; or (ii) a fee for a service that has not been provided; or (iii) so much of a fee as is proportionate to the part of a service that has not been provided; or (b) to refuse to remit an amount equal to an amount that could be refunded