18Making of refund costs recoupment determination

18 Making of refund costs recoupment determination

(1) The Minister may, at a particular time, make a refund costs recoupment determination relating to one or more refund declarations if: (a) before that time, the Minister has informed the Treasurer and the Finance Minister that the Minister intends to make a refund costs recoupment determination relating to those refund declarations; and (b) at that time, the Commonwealth has not recovered all of each refund amount in relation to those refund declarations; and (c) at that time, the Commonwealth has not previously made a refund costs recoupment determination relating to each of those refund declarations. (2) A refund costs recoupment determination must: (a) be in writing; and (b) specify the refund declarations to which the determination relates; and (c) specify the costs recoupment amount (see subsection (3)); and (d) specify the default event declaration to which the determination relates (see subsection (4)). (3) The costs recoupment amount specified in a refund costs recoupment determination is the amount equal to the sum of each refund amount that: (a) is specified in a refund declaration specified in the determination; and (b) has not been recovered by the Commonwealth at the time the determination is made. (4) A default event declaration is a default event declaration to which a refund costs recoupment determination relates if the making of the default event declaration was a precondition of the making of the refund declarations specified in the refund costs recoupment determination. (5) A refund costs recoupment determination is not a legislative instrument.