Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Where:
(a) an agency or a Minister has, in accordance with subregulation 9 (1), (2) or (3), fixed an amount in respect of a charge that an applicant is liable to pay; and
(b) after:
(i) in the case of a charge in respect of a request for access to a document -- the agency or Minister has made a decision on the request;
(ii) in the case of a charge (other than a charge in respect of which an amount has been fixed in accordance with subregulation 9 (3)) in respect of the provision of access to a document -- the agency or Minister has taken all steps necessary to enable the applicant to be given access to the document; or
(iii) in the case of a charge in respect of the provision of access to a document, being a charge in respect of which an amount has been fixed in accordance with subregulation 9 (3) -- the applicant has had access to the document;
it is ascertained that the amount so fixed in respect of the charge does not equal the amount (in this regulation referred to as the 'prescribed amount') that, but for regulation 9, the applicant would, under these Regulations, be liable to pay in respect of the charge;
the agency or Minister shall, subject to subregulation (2), fix, as the amount of the charge, an amount equal to the prescribed amount.
(2) Where an agency or a Minister makes a decision not to grant a request for access to a document, the agency or Minister shall not fix, under subregulation (1), an amount in respect of a charge unless the prescribed amount in relation to the charge is less than the amount fixed in respect of the charge in accordance with subregulation 9 (1), (2) or (3), as the case may be.
(3) Where an agency or a Minister has, in accordance with subregulation (1), fixed an amount in respect of a charge that an applicant is liable to pay, the applicant is liable to pay that amount in respect of the charge in lieu of the amount fixed in respect of the charge in accordance with subregulation 9 (1), (2) or (3), as the case may be.
(4) Where an applicant is, under subregulation (3), liable to pay to an agency or Minister in respect of a charge an amount fixed in accordance with subregulation (1), then:
(a) if the applicant has, under subregulation 9 (4), paid to the agency or Minister in respect of the charge an amount that exceeds the first‑mentioned amount -- the applicant is entitled to a refund in an amount equal to the amount of the excess; or
(b) if the applicant has, under subregulation 9 (4), paid to the agency or Minister in respect of the charge an amount that is less than the first‑mentioned amount -- the amount so paid by him shall be deemed to have been paid as a deposit on account of the charge.