South Australian Consolidated Acts

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

EMERGENCY SERVICES FUNDING ACT 1998 - SECT 21

21—Recovery of levy not affected by objection, review or appeal

        (1)         The right of the Commissioner to recover a levy is not suspended by—

            (a)         an objection, review or appeal in respect of a valuation made or adopted under the Valuation of Land Act 1971 ; or

            (b)         an objection or appeal in respect of the attribution of a particular land use to land.

        (2)         If an objection, review or appeal results in the alteration of a valuation or a decision to attribute a different land use to land, a due adjustment must be made and—

            (a)         any amount overpaid must be refunded;

            (b)         any additional amount payable on account of an alteration of the valuation or decision may be recovered as an unpaid levy (but action to recover any such amount must not be taken until at least 30 days have expired from the date on which notification of the alteration is given to the person who initiated the objection, review or appeal);

            (c)         interest accrues on a daily basis on an amount to be refunded under paragraph (a) from the day on which the levy to which the objection, review or appeal relates was assessed as being payable or from the day on which the levy was paid, whichever is the later, until the day the amount is refunded or otherwise applied;

            (d)         interest accrues on an unpaid amount referred to in paragraph (b) from the expiration of 30 days from the day on which notification of the alteration or decision referred to in paragraph (b) was given to the person who initiated the objection, review or appeal until the day the amount is paid;

            (e)         the interest rates that apply under this subsection are—

                  (i)         for the purposes of paragraph (c)—the market rate (within the meaning of section 26 of the Taxation Administration Act 1996 ); and

                  (ii)         for the purposes of paragraph (d)—the interest rate applying for the time being under section 17J.



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