Victorian Consolidated Legislation

Metropolitan Fire Brigades Act 1958 - SECT 45

Adjustment of contribution

45. Adjustment of contribution



(1) Despite anything in this Act, if the Board is satisfied that, whether by
reason of any error in any return or otherwise, the amount contributed by any
municipal council or insurance company is more or less than the proper
contribution of that municipal council or insurance company-

   (a)  the Board may require that municipal council or insurance company to
        submit an amended return; and

   (b)  the Board may, at its absolute discretion-



   (i)  by notice, require that municipal council or insurance company to pay
        the amount of the deficiency within the period specified by the Board
        in the notice; or

   (ii) add to, or subtract from, the amount of any subsequent instalment
        payable by that municipal council or insurance company the amount of
        the excess or deficiency and that amount may be added to or subtracted
        from the amount of any instalment to be made by other municipal
        councils or insurance companies in any subsequent period; and

   (c)  the Board may charge the municipal council or insurance company
        penalty interest at the rate for the time being fixed by the Governor
        in Council by Order in Council published in the Government Gazette on
        the amount of any deficiency with effect from the date upon which that
        amount would have become payable had the error not occurred.

(2) Despite anything in this Act, if the Board is satisfied that, because of
exceptional circumstances, the contribution to be paid by an insurance
intermediary or the owner of a property calculated under section 44A exceeds
an amount that the Board determines to be equitable, the Board may, at its
absolute discretion, determine an amount of contribution for that insurance
intermediary or owner that is less than the contribution calculated under
section 44A.

(3) If a new amount of contribution is determined under subsection (2), the
Board may-

   (a)  if the contribution under section 44A has not yet been paid, require
        the insurance intermediary or the owner to pay that new amount instead
        of the amount payable under section 44A; or

   (b)  if the contribution under section 44A has been paid to the Board,
        refund to the insurance intermediary or owner the difference between
        the contribution paid under section 44A and the new amount.

(4) It is sufficient compliance with section 44A(3)(b) if an insurance
intermediary or the owner of a property pays an amount required under
subsection (3) to be paid by that insurance intermediary or owner.