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reg 17

Establishing appropriate fee status

In force

17 Establishing appropriate fee status

(1)

This regulation applies to—

(a)

a standard fee payer; and

(b)

concession fee payer; and

(c)

any fee payer claiming or entitled to a waiver or refund of a fee specified in Schedule 1.

(2)

A fee payer to whom this regulation applies must provide to a court official, when requested to do so, information or evidence that establishes, as the case requires, that the fee payer is—

(a)

a standard fee payer; or

(b)

a concession fee payer; or

(c)

entitled to a waiver or refund of a fee in Schedule 1.

(3)

If a court official is satisfied that the information or evidence provided under subregulation (2)—

(a)

establishes the fee payer's status as a standard fee payer, the fee payer is liable to pay the applicable standard fee specified in column 4 of Schedule 1; or

(b)

establishes the fee payer's status as a concession fee payer, the fee payer is liable to pay the applicable concession fee specified in column 5 of Schedule 1; or

(c)

entitles the fee payer to a waiver or refund of a fee specified in Schedule 1, the fee is waived or refunded as appropriate.

(4)

If a lower fee has been charged or paid in accordance with this regulation and the fee payer should have paid a higher fee or was not entitled to the relevant status—

(a)

a court official may reinstate the correct fee and require its payment; and

(b)

the fee payer is liable for the reinstated fee and must pay the difference between the fee originally paid (if any) and the reinstated fee.

Sch. 1 amended by S.R. No. 10/2022 reg. 5.

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