50Repayment if committed refinery ceases refining FSSP fuel

50 Repayment if committed refinery ceases refining FSSP fuel

Repayment (1) A person is required to repay the Commonwealth the amount worked out under subsection (2) if: (a) a committed refinery ceases to refine all FSSP fuels; and (b) the cessation continues for 120 days; and (c) the start of the 120 days occurs during the person’s commitment period in relation to the committed refinery.

Note 1: The person’s application for fuel security services payment under section 39 included the person’s consent to the imposition of repayment obligations under this section.

Note 2: Repayment obligations under this section may be affected by rules made under section 51.

(2) For the purposes of subsection (1), the amount is: (a) the total amount of fuel security services payment paid to the person for quarters ending in the person’s commitment period; or (b) in the circumstances (if any) prescribed by rules made for the purposes of section 51—an amount worked out in accordance with those rules that is less than the total amount. (3) Subsection (1) applies regardless of whether the person owns or operates the committed refinery at the time it ceases to refine FSSP fuel. When amount is due and payable (4) An amount repayable by a person under this section is due and payable on the day that is 60 days after the end of the later of: (a) the 120 days referred to in paragraph (1)(b); or (b) if the Secretary has extended the 120‑day period under section 52—that period as extended. Amount is a debt due to the Commonwealth (5) An amount repayable by a person under this section is a debt due to the Commonwealth that may be recovered by the Secretary, on behalf of the Commonwealth, in: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to the matter. (6) The Secretary may, on behalf of the Commonwealth: (a) write off a debt or class of debts arising under this section, if the Secretary is satisfied that it is appropriate to do so; or (b) waive the right of the Commonwealth to recover a debt or class of debts arising under this section, in accordance with any requirements prescribed by the rules; or (c) make arrangements to allow an amount of a debt that is payable by a person to the Commonwealth under this section to be paid in instalments, in accordance with any requirements prescribed by the rules.