Bounty (Fuel Ethanol) Act 1994
26Claims for payment of bounty
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26 Claims for payment of bounty
(1) A registered person who claims to be entitled to be paid an amount of bounty may make a claim for payment of the amount in accordance with this section. (2) Subject to subsection (3), a claim in respect of the production of bountiable fuel ethanol must: (a) be in accordance with the appropriate approved form; and (b) include such information as is required by the form; and (c) be signed and witnessed as required by section 33; and (d) be made with a Collector for a State or Territory, or with the CEO, at any time after the production of that ethanol is completed. (3) A registered person who produces bountiable fuel ethanol in a particular bounty year: (a) may only make one claim in respect of that ethanol in each successive period of one month starting on the day the person becomes entitled to claim such bounty; and (b) may not claim bounty in respect of that ethanol after 31 July next following the end of that year. (4) As soon as practicable after the making of the claim, the CEO must examine the claim and cause such inquiries (including inquiries involving the exercise of powers under sections 39 and 50) as the CEO thinks necessary. (5) If, as a result of the CEO’s examination and inquiries, the CEO is satisfied that the claim complies with subsection (2) and that the claimant is (or, if certain estimates are correct, is) otherwise entitled to be paid an amount of bounty in respect of the production to which the claim relates: (a) except where paragraph (b) applies—approve, in writing, payment of the amount; or (b) if: (i) the amount is different from the amount for which the claim was made; and (ii) the difference between those amounts is less than $200; and (iii) the CEO is satisfied that the difference is not attributable to the claimant deliberately overclaiming or underclaiming the amount of the bounty; approve, in writing, payment of the amount claimed. (6) If the CEO is not satisfied of all of the matters required for payment of a claim under subsection (5), the CEO must refuse, in writing, to approve payment of bounty in respect of the goods to which the claim relates. (7) If the CEO makes a decision in relation to a claim: (a) that approves payment of an amount that is less than the amount claimed; or (b) that refuses to approve payment of the claim; the CEO must give to the claimant a written notice setting out the decision and the reasons for the decision.