9Overpayments etc.

#### 9 Overpayments etc. (1) This section applies if: (a) the Commissioner pays an amount by way of a Coronavirus economic response payment to an entity; and (b) either: (i) the entity was not entitled to the payment; or (ii) the amount paid is more than the correct amount of the entity’s payment. (2) The entity is liable to repay the following amount to the Commonwealth: (a) if the entity was not entitled to the payment—the whole of the amount referred to in paragraph (1)(a); (b) if the amount paid is more than the correct amount of the entity’s payment—the amount by which the amount paid exceeds the correct amount. (3) An amount that an entity is liable to repay under subsection (2) is due and payable on the day on which the Commissioner pays the amount referred to in paragraph (1)(a). (4) The Commissioner may make a written determination that the entity is not liable to repay an amount under subsection (2), in which case the entity is not liable to repay the amount. (5) A determination under subsection (4) is not a legislative instrument.