(1) If:
(a) a person applies for a service referred to in subsection 99YBA(1) in relation to the exercise of a power by the Minister; and
(b) either:
(i) a fee prescribed under paragraph 99YBA(2)(b) is payable by the person for the service; or
(ii) a fee prescribed under paragraph 99YBA(2)(b) is payable by the person for another service referred to in subsection 99YBA(1) that the person has applied for;
then, without limiting any power the Minister may otherwise have under section 9B or this Part, the Minister may refuse to exercise the power until the prescribed fee is paid.
(2) A refusal referred to in subsection (1) is not a legislative instrument.