Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BOUNTY (PHOTOGRAPHIC FILM) ACT 1989 No. 172 of 1989 - SECT 14

Other adjustments of claims
14. (1) Subject to subsection (2), if the Comptroller becomes satisfied,
otherwise than after examining an acknowledgment under subsection 13 (1), that
there has been an overpayment of bounty under a claim, or of an advance on
account of bounty under a claim, by more than $200, the Comptroller must cause
to be served on the person who lodged the claim a demand for repayment of the
amount of the overpayment, and that person is liable to repay that amount to
the Commonwealth.

(2) Where:

   (a)  the amount of an overpayment referred to in subsection (1) is not
        higher than $25,000; and

   (b)  the Comptroller is satisfied:

        (i)    that:

                (A)  the overpayment was due to an error that did not involve
                     any failure on the part of the person who lodged the
                     claim to comply with this Act or the regulations; and

                (B)  the repayment of the amount of the overpayment would be
                     unreasonable or would cause undue hardship to that
                     person; or

        (ii)   that:

                (A)  the cost of endeavouring to recover the overpayment is so
                     high; and

                (B)  the amount likely to be recovered as a result of
                     endeavouring to recover the overpayment is so low; that
                     taking action to recover the overpayment would not be
                     justified; the Comptroller may refrain from causing a
                     demand for repayment of the amount of the overpayment to
                     be served in accordance with that subsection.

(3) Where, in accordance with subsection (2), the Comptroller refrains from
causing a demand for repayment of the amount of an overpayment to be served in
accordance with subsection (1), particulars of the amount must be included in
the return under section 28 for the year in which the Comptroller so
refrained. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback