NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 26 Time for payment of fee
NATIVE TITLE (PRESCRIBED BODIES CORPORATE) REGULATIONS 1999 - REG 26
Time for payment of fee(1) For paragraph 6 0AC(5)(c) of the Act, a body corporate must not require an applicant to pay a fee in dispute, and no interest is payable on the amount of the fee, until:
(a) if no request for reconsideration is made in accordance with subregulation 2 3(2) -- the time for making a request under subregulation 2 3(2) has passed; or
(b) if a request for reconsideration is made in accordance with subregulation 2 3(2) or the Registrar decided to reconsider a matter mentioned in paragraph 2 3(1)(a) or (b) on his or her own initiative under subregulation 2 3(4) -- the time for making an application to the Administrative Appeals Tribunal for review of an opinion or decision mentioned in subregulation 2 5(4) has ended.
(2) If a fee is to be paid under subregulation (1), the fee must be paid by the end of whichever of the following periods ends the latest:
(a) if no request for reconsideration was made in accordance with subregulation 2 3(2) -- 28 days after the time for making a request under subregulation 2 3(2) has passed;
(b) if a request for reconsideration was made under subregulation 2 3(2) or the Registrar decided to reconsider a matter mentioned in paragraph 2 3(1)(a) or (b) on his or her own initiative under subregulation 2 3(4) -- 28 days after the time for making an application to the Administrative Appeals Tribunal for review of an opinion or decision mentioned in subregulation 2 5(4) has ended;
(c) the period that the body corporate that charged the fee specifies in writing to the applicant.
Note: If the Registrar gives an opinion that the fee is not one that the body corporate may charge under section 6 0AB of the Act, the body corporate must withdraw the charge -- see subsection 6 0AC(3) of the Act.