10Overpayments of levy and late payment penalty

10 Overpayments of levy and late payment penalty

(1) If an amount of levy or late payment penalty has been overpaid, the Commonwealth must refund the overpayment. (2) However, if, in purported compliance with the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, an amount equal to all or part of the overpayment has been paid to a body: (a) if the Commonwealth has not refunded the overpayment—the body (and not the Commonwealth) must pay that amount to the person who made the overpayment; or (b) if the Commonwealth has refunded the overpayment—the Commonwealth may recover the amount from the body, by set‑off or otherwise.