Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1A) Subregulations 11 (1) and (2) are subject to regulation 10A.
(1) A document must not be filed, and an action mentioned in an item in Schedule 1 must not be taken, unless the fee payable for the filing or the action has been paid, waived or deferred.
(2) If a setting down fee is not paid when due and is not waived:
(a) the Federal Magistrates Court, a Federal Magistrate or a Registrar may order that no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application relates; and
(b) the Federal Magistrates Court, a Federal Magistrate or a Registrar may vacate the date fixed for hearing; and
(c) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Federal Magistrates Court, a Federal Magistrate or a Registrar to make an order for costs for the fee.
Note For when a setting down fee must be paid, see subregulation 5 (2).
(3) If a fee remains unpaid after the time mentioned in regulation 5 or the end of a period mentioned in subregulation 10 (2) or 10A (3), the unpaid fee is recoverable by the Commonwealth as a debt due to the Commonwealth.