sec.246NWhat is a claim for an AFAD windfall

### sec.246N What is a claim for an AFAD windfall A person makes a claim for an AFAD windfall if the person, on or after the decision day, gives notice to the commissioner that the person disputes the person’s liability for invalid AFAD purportedly imposed on a relevant transaction, including, for example, by— asking the commissioner for a reassessment to decrease the person’s purported liability for the invalid AFAD to nil; or objecting to the assessment of the person’s purported liability for the invalid AFAD under the Administration Act , part 6 ; or starting a proceeding in relation to the person’s purported liability for the invalid AFAD; or advising the commissioner that the person does not intend to pay an amount relating to the person’s purported liability for the invalid AFAD; or asking the commissioner to refund an amount paid for the person’s purported liability for the invalid AFAD. Also, a person is taken to have made a claim for an AFAD windfall if— the commissioner is required, under a court order, to repay to the person an amount paid to the commissioner in relation to the person’s purported liability for invalid AFAD, other than an order in a proceeding mentioned in subsection (1) (c) ; or all of the following apply— the person had, before the decision day (whether before or after the commencement of this section), objected to an assessment of AFAD for a relevant transaction; the question of whether the AFAD is invalid AFAD is relevant to the decision on the objection; the commissioner had not, before the decision day, given a written notice to the person of the commissioner’s decision on the objection under the Administration Act , section 68 ; the person does not, before the written notice of the commissioner’s decision is given, withdraw the objection; or both of the following apply— the commissioner and the person are aware of the person’s purported liability for invalid AFAD; the person does not, by the following day (the payment day ), pay an amount that would, if the invalid AFAD had been validly imposed, have been payable— if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; otherwise—the day that is 30 days after the decision day. Subsection (2) (a) applies in relation to a proceeding started before or after the commencement of this section. s 246N ins 2025 No. 15 s 5 (sec.246N-ssec.1) A person makes a claim for an AFAD windfall if the person, on or after the decision day, gives notice to the commissioner that the person disputes the person’s liability for invalid AFAD purportedly imposed on a relevant transaction, including, for example, by— asking the commissioner for a reassessment to decrease the person’s purported liability for the invalid AFAD to nil; or objecting to the assessment of the person’s purported liability for the invalid AFAD under the Administration Act , part 6 ; or starting a proceeding in relation to the person’s purported liability for the invalid AFAD; or advising the commissioner that the person does not intend to pay an amount relating to the person’s purported liability for the invalid AFAD; or asking the commissioner to refund an amount paid for the person’s purported liability for the invalid AFAD. (sec.246N-ssec.2) Also, a person is taken to have made a claim for an AFAD windfall if— the commissioner is required, under a court order, to repay to the person an amount paid to the commissioner in relation to the person’s purported liability for invalid AFAD, other than an order in a proceeding mentioned in subsection (1) (c) ; or all of the following apply— the person had, before the decision day (whether before or after the commencement of this section), objected to an assessment of AFAD for a relevant transaction; the question of whether the AFAD is invalid AFAD is relevant to the decision on the objection; the commissioner had not, before the decision day, given a written notice to the person of the commissioner’s decision on the objection under the Administration Act , section 68 ; the person does not, before the written notice of the commissioner’s decision is given, withdraw the objection; or both of the following apply— the commissioner and the person are aware of the person’s purported liability for invalid AFAD; the person does not, by the following day (the payment day ), pay an amount that would, if the invalid AFAD had been validly imposed, have been payable— if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; otherwise—the day that is 30 days after the decision day. (sec.246N-ssec.3) Subsection (2) (a) applies in relation to a proceeding started before or after the commencement of this section. - (a) asking the commissioner for a reassessment to decrease the person’s purported liability for the invalid AFAD to nil; or - (b) objecting to the assessment of the person’s purported liability for the invalid AFAD under the Administration Act , part 6 ; or - (c) starting a proceeding in relation to the person’s purported liability for the invalid AFAD; or - (d) advising the commissioner that the person does not intend to pay an amount relating to the person’s purported liability for the invalid AFAD; or - (e) asking the commissioner to refund an amount paid for the person’s purported liability for the invalid AFAD. - (a) the commissioner is required, under a court order, to repay to the person an amount paid to the commissioner in relation to the person’s purported liability for invalid AFAD, other than an order in a proceeding mentioned in subsection (1) (c) ; or - (b) all of the following apply— (i) the person had, before the decision day (whether before or after the commencement of this section), objected to an assessment of AFAD for a relevant transaction; (ii) the question of whether the AFAD is invalid AFAD is relevant to the decision on the objection; (iii) the commissioner had not, before the decision day, given a written notice to the person of the commissioner’s decision on the objection under the Administration Act , section 68 ; (iv) the person does not, before the written notice of the commissioner’s decision is given, withdraw the objection; or - (i) the person had, before the decision day (whether before or after the commencement of this section), objected to an assessment of AFAD for a relevant transaction; - (ii) the question of whether the AFAD is invalid AFAD is relevant to the decision on the objection; - (iii) the commissioner had not, before the decision day, given a written notice to the person of the commissioner’s decision on the objection under the Administration Act , section 68 ; - (iv) the person does not, before the written notice of the commissioner’s decision is given, withdraw the objection; or - (c) both of the following apply— (i) the commissioner and the person are aware of the person’s purported liability for invalid AFAD; (ii) the person does not, by the following day (the payment day ), pay an amount that would, if the invalid AFAD had been validly imposed, have been payable— (A) if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; (B) otherwise—the day that is 30 days after the decision day. - (i) the commissioner and the person are aware of the person’s purported liability for invalid AFAD; - (ii) the person does not, by the following day (the payment day ), pay an amount that would, if the invalid AFAD had been validly imposed, have been payable— (A) if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; (B) otherwise—the day that is 30 days after the decision day. - (A) if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; - (B) otherwise—the day that is 30 days after the decision day. - (i) the person had, before the decision day (whether before or after the commencement of this section), objected to an assessment of AFAD for a relevant transaction; - (ii) the question of whether the AFAD is invalid AFAD is relevant to the decision on the objection; - (iii) the commissioner had not, before the decision day, given a written notice to the person of the commissioner’s decision on the objection under the Administration Act , section 68 ; - (iv) the person does not, before the written notice of the commissioner’s decision is given, withdraw the objection; or - (i) the commissioner and the person are aware of the person’s purported liability for invalid AFAD; - (ii) the person does not, by the following day (the payment day ), pay an amount that would, if the invalid AFAD had been validly imposed, have been payable— (A) if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; (B) otherwise—the day that is 30 days after the decision day. - (A) if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; - (B) otherwise—the day that is 30 days after the decision day. - (A) if the person withdrew an objection mentioned in paragraph (b) —the day that is 30 days after the person notified the commissioner of the withdrawal; - (B) otherwise—the day that is 30 days after the decision day.