30Variation of excessive claim

30 Variation of excessive claim

(1) This section applies to a person who has made a claim under section 26 (whether or not the claim has been dealt with under subsection 26(5)) and who subsequently knows that the claim is or was, because of inadvertent error, for an amount of bounty in respect of the production of bountiable fuel ethanol that exceeds the amount of bounty that the person is or was entitled to claim in respect of that production by more than $200. (2) The person must, within 21 days after discovering the excess, acknowledge the excess in accordance with subsection (3).

Penalty: 30 penalty units.

(3) An acknowledgment must: (a) be in accordance with the appropriate approved form; and (b) include such information as is, and such estimates as are, 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. (4) If an acknowledgment under subsection (2) relates to a claim under section 26 that has not been dealt with under subsection 26(5), the claim must be dealt with under that subsection as if it had been amended in accordance with the acknowledgment. (5) As soon as practicable after receiving an acknowledgment under subsection (2), the CEO must examine the acknowledgment and make such inquiries (including inquiries under sections 39 and 50) as the CEO thinks necessary. (6) If, as a result of the CEO’s examination and inquiries, the CEO is satisfied that there has been an overpayment of bounty under a claim by more than $200: (a) the CEO must serve on the person who made the claim referred to in subsection (1) a demand for the repayment of the amount of the overpayment; and (b) the person is liable to repay that amount to the Commonwealth.