25Adjustment of claims following returns

25 Adjustment of claims following returns

(1) Where the particulars of factory cost set out in a return under section 24 in relation to an accounting period of a producer show a difference between that cost and the factory cost, or an estimate of factory cost, on which claims for bounty lodged in respect of that period by the producer were based, not being a cost determined under section 13, the producer shall lodge with the return a statement in respect of the difference.

Penalty for contravention of this subsection: $1,000.

(2) The statement shall: (a) be in accordance with the appropriate approved form; (b) include such information as is required by the form; and (c) be signed and witnessed as required by the form. (3) Where a statement is lodged by a producer in relation to an accounting period of the producer, the CEO shall, after examining the statement and causing such inquiries as the CEO considers necessary to be made (including inquiries under sections 32 and 33): (a) if the CEO is satisfied that the statement complies with subsection (2) and that the producer is entitled to be paid an additional amount of bounty in respect of the bountiable equipment for which claims for bounty were lodged in respect of that period—approve, in writing, payment of the additional amount; (b) if the CEO is satisfied that there has been an overpayment of bounty by more than $100 in respect of the bountiable equipment for which claims for bounty were lodged in respect of that period—cause to be served on the producer a demand for the repayment of the amount of the overpayment, and the producer is liable to repay that amount to the Commonwealth; or (c) if paragraph (a) or (b) do not apply—decline, in writing, to adjust payments of bounty made in respect of claims lodged by the producer in respect of that period. (4) Where the CEO makes a decision under subsection (3) in relation to a statement under subsection (1), the CEO shall cause to be served on the producer who lodged the statement a notice in writing setting out the decision.