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JUSTICE LEGISLATION AMENDMENT ACT 2015 (NO. 20 OF 2015) - SECT 19

Regulations

    (1)     For section 161(2)(c) of the Victorian Civil and Administrative Tribunal Act 1998 substitute

    "(c)     may provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, whether—

              (i)     unconditionally or on specified conditions; and

              (ii)     either wholly or to such an extent as is specified; and

        (d)     may confer a discretionary authority or impose a duty on any member or a specified class of member or on the principal registrar; and

        (e)     may leave any matter or thing dealt with by or in accordance with the regulations to be decided by a member or a specified class of member or by the principal registrar.".

    (2)     In section 161(3)(a) of the Victorian Civil and Administrative Tribunal Act 1998 , after "proceedings" insert "or different classes of party".

    (3)     In section 161(3)(d) of the Victorian Civil and Administrative Tribunal Act 1998 for "be paid." substitute "be paid;".

    (4)     After section 161(3)(d) of the Victorian Civil and Administrative Tribunal Act 1998 insert

    "(e)     may provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee; and

        (f)     may provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee which was reduced, waived, postponed, remitted or refunded by or in accordance with the regulations.".

    (5)     After section 161(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert

    "(4)     If the regulations provide for a remission or refund of a fee fixed under subsection (3)—

        (a)     if the fee has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly to enable any remission or refund to be paid; or

        (b)     if the fee has been paid into another fund or account, the fee may be refunded from that fund or account.".



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