31Other adjustments of claims

31 Other adjustments of claims

(1) Subject to subsection (2), if the CEO becomes satisfied, otherwise than after examining an acknowledgment made under subsection 30(2), 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 a demand for repayment of the amount of the overpayment; and (b) the person is liable to repay that amount to the Commonwealth. (2) If: (a) the amount of an overpayment referred to in subsection (1) is not more than $25,000; and (b) the CEO is satisfied that: (i) the overpayment occurred because of an error that did not involve any failure on the part of the person to comply with this Act or the regulations; and (ii) the repayment of the amount of the overpayment would be unreasonable or would cause undue hardship to that person; the CEO does not have to serve a demand for repayment of the amount of the overpayment. (3) If: (a) the amount of an overpayment referred to in subsection (1) is not more than $25,000; and (b) the CEO is satisfied that: (i) the cost of trying to recover the overpayment is so high; and (ii) the amount likely to be recovered as a result of trying to recover the overpayment is so low; that taking action to recover the overpayment would not be justified; the CEO does not have to serve a demand for repayment of the amount of the overpayment. (4) If, in accordance with subsection (2), the CEO does not serve a demand for repayment of the amount of an overpayment, particulars of the amount must be included in the return under section 60 for the year in which the CEO so refrained.