Commonwealth Numbered Acts

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BOUNTY (FUEL ETHANOL) ACT 1994 No. 83 of 1994 - SECT 30

Variation of excessive claim
30.(1) This section applies to a person who has made a claim under section  26
(whether or not the claim has been dealt with under subsection 26(5)) and who
becomes aware that the claim is or was, because of inadvertent error, for an
amount of bounty in respect of the production of bountiable fuel ethanol that
exceeds the amount of bounty that the person is or was entitled to claim in
respect of that production by more than $200.

(2) The person must, within 21 days after discovering the excess, acknowledge
the excess in accordance with subsection (3). Penalty: 30 penalty units.

(3) An acknowledgment must:

   (a)  be in accordance with the appropriate approved form; and

   (b)  include such information as is, and such estimates as are, required by
        the form; and

   (c)  be signed and witnessed as required by section 33; and

   (d)  be made with a Collector for a State or Territory or with the
        Comptroller.

(4) If an acknowledgment under subsection (2) relates to a claim under
section 26 that has not been dealt with under subsection 26(5), the claim must
be dealt with under that subsection as if it had been amended in accordance
with the acknowledgment.

(5) As soon as practicable after receiving an acknowledgment under subsection
(2), the Comptroller must examine the acknowledgment and make such inquiries
(including inquiries under sections 39 and 50) as the Comptroller thinks
necessary.

(6) If, as a result of the Comptroller's examination and inquiries, the
Comptroller is satisfied that there has been an overpayment of bounty under a
claim by more than $200:

   (a)  the Comptroller must serve on the person who made the claim referred
        to in subsection (1) a demand for the repayment of the amount of the
        overpayment; and

   (b)  the person is liable to repay that amount to the Commonwealth. 


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