Costs of considering and deciding applications
42 Costs of considering and deciding applications
The commission must decide, for each application, the commission’s costs of considering and deciding the application.
Note Under pt 10 (Notification and review of decisions), a decision about costs may, on application, be reconsidered by the commission and reviewed by the ACAT.
For subsection (1), the commission may—
estimate the expected amount of costs; and
make decisions from time to time.
Each time the commission decides an amount it must give a written notice to the applicant that—
states the amount; and
requires the applicant to pay the amount to the commission within 14 days after the applicant is given the notice or any longer period allowed by the commission.
If the total paid by the applicant at any time exceeds the actual costs, the commission must repay the difference (the excess amount).
However, if the commission expects to incur further costs in relation to the application, the commission must—
estimate the further costs (the estimated amount); and
repay the amount (if any) by which the excess amount exceeds the estimated amount.
When no more costs are likely to be incurred, the commission must—
if the total paid by the applicant, less any amounts already repaid, (the net total paid) exceeds the actual costs—repay the difference; or
if the actual costs exceed the net total paid—by written notice require the applicant to pay the difference to the commission within 14 days after the applicant is given the notice or any longer period allowed by the commission.
An amount not paid by the applicant in accordance with a notice under this section is a debt owing by the applicant to the commission.
In this section:
costs, in relation to an application, includes any expenses or disbursements reasonably incurred by the commission in considering and deciding the application.
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