23Refunds

23 Refunds

(1) This section is made for the purposes of paragraph 72‑45(d) of the Act. (2) Subject to subsections (3) and (4), a cost‑recovery fee is not refundable in any circumstances, including: (a) if the applicant withdraws the listing application or variation application to which the fee relates; or (b) for a fee relating to a listing application—if the Minister decides not to grant the application; or (c) for a fee relating to a variation application—if the Minister decides not to agree to the relevant request. (3) If: (a) a person pays an amount as a cost‑recovery fee; and (b) the amount paid is greater than the amount required to be paid under this instrument; the Department must, on behalf of the Commonwealth, refund an amount equal to the amount overpaid.

Note: Example: A person may overpay an amount as a result of a review decision (see section 28).

(4) The Minister may refund an amount equal to the whole or part of a cost‑recovery fee paid by a person if the Minister is satisfied that exceptional circumstances exist. (5) The Minister may refund an amount under subsection (4) on the Minister’s own initiative or on written application by the person.

Note 1: Notice must be given of a decision to refuse to agree to an application under this subsection for a refund (see subsection 26(1)). Such a decision made by a delegate of the Minister is reviewable (see section 27).

Note 2: For the appropriation for a refund under this section, see section 77 of the Public Governance, Performance and Accountability Act 2013.