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2.27.9 Exemption From Fees

Date Published

Regulation 22.6(1) states:

“The Commissioner may exempt a person from the payment of the whole or any part of a fee if the Commissioner is reasonably satisfied that the action is justified, having regard to all the circumstances.”

Any exemptions granted under this provision must be in accordance with the Corporate Guidelines for Refunds and Waivers.

It is not possible to be prescriptive about all the circumstances where the Commissioner might exempt a person or organisation from payment of fees, since each case needs to be assessed on its own merits. However, the following general principles outlined in the Corporate Guidelines for Refunds and Waivers apply:

  • if IP Australia has made an error, given incorrect advice or failed to provide a notification, in such a way as will make the customer liable for a fee that they would not otherwise have needed to pay; or

  • if IP Australia has made an error or given incorrect advice that has given the customer a clear expectation that they need to pay an amount that is less than the prescribed fee;

the Commissioner will exempt the customer from paying that fee, either in whole or in part.

In general, the Commissioner will not exempt payment of a fee for filing a document associated with an action upon subsequent withdrawal of that action (e.g. filing a notice of opposition and subsequent withdrawal of the opposition, withdrawing a request under sec 223 for an extension of time and withdrawing a request for examination).

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