CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 (NO. 101, 2011) - SECT 183 Refund of overpayments

CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 (NO. 101, 2011) - SECT 183

Refund

             (1)  If either of the following amounts has been overpaid by a person, the amount overpaid must be refunded by the Commonwealth:

                     (a)  an amount payable under section 179;

                     (b)  an amount payable under section 180.

Note:          For appropriation, see section 28 of the Financial Management and Accountability Act 1997 .

Interest on overpayment

             (2)  If:

                     (a)  an amount overpaid by a person is refunded by the Commonwealth under subsection (1); and

                     (b)  the overpayment is attributable, in whole or in part, to an error made by the Administrator;

interest calculated in accordance with subsection (3) is payable by the Commonwealth to the person in respect of the amount refunded.

             (3)  Interest payable to a person under subsection (2) in respect of an amount refunded to the person is to be calculated:

                     (a)  in respect of the period that:

                              (i)  began when the overpaid amount was paid to the Commonwealth; and

                             (ii)  ended when the amount was refunded; and

                     (b)  at the base interest rate (within the meaning of section 8AAD of the Taxation Administration Act 1953 ).

             (4)  The Consolidated Revenue Fund is appropriated for the purposes of making payments of interest under subsection (2).