4.2. Circumstances in which fees are refunded or waived

Date Published

Paragraphs 231(2)(d) and (e) of the Act provide for the making of regulations to provide for refunds of fees in specific circumstances and for the remission of, or exemption from, payment of fees for specified classes of persons.  More detailed information can be obtained from the document Corporate Guidelines for Refunds and Waivers, which you can request a copy of from the IP Australia Internet.


2.1

Regulation 21.24(1) gives the Registrar the authority to refund fees.  If a person becomes liable to pay a fee because of an error or omission on the part of a trade marks officer, the Registrar may

  • remit the whole or part of the fee if the fee has not been paid, or

  • refund the whole or part of the fee to that person if the fee has been paid.


2.2

If a delay occurs in accepting or registering a trade mark because of an error or omission on the part of a trade marks officer, the period of the delay is taken into account for the purposes of calculating the fee (reg 21.24(2)).


2.3

It is the Registrar’s practice to waive fees for certified copies requested by the Director of Public Prosecutions or by the Police.


2.4

Refunds are automatically made in the case of overpayments.


2.5

If, within 14 days of a fee being paid for the doing of an act or the filing of a document, the Registrar notifies the person who did the act or filed the document that the correct fee was not paid, the act is taken as not done or the document is taken as not filed until the deficiency in the fee is made good.  If the deficiency is not made good, any fees paid will be refunded after two months.


2.6

Paragraph 231(2)(e) provides authority for the making of regulations for the remission of, or the exemption from, payment of the whole or part of the fee for specified classes of persons.  However, it should be noted that the legislation has not identified any specified classes of persons and it is not the Registrar's practice to waive fees.  For example, charitable organisations do not qualify for exemptions.