56Variation of incentive amount

56 Variation of incentive amount

(1) The Secretary may determine that the amount of an incentive for an NRAS year is incorrect if the Secretary is satisfied that: (a) an error has been made in calculating or providing the amount; or (b) the amount was calculated based on information that was false or misleading.

Note: A decision under this subsection is reviewable by the Administrative Review Tribunal (see section 71).

(2) If the Secretary does so, the Secretary may correct the amount by increasing or decreasing it. (3) If the Secretary increases the incentive by an amount, the Secretary must give effect to the increase by: (a) issuing an amended tax offset certificate for the NRAS year; or (b) if the approved participant agrees—adding the amount to an incentive for a future NRAS year; or (c) if the incentive was given as a payment—paying the amount. (4) If the Secretary decreases the incentive by an amount, the Secretary may recover the amount: (a) by issuing an amended tax offset certificate for the NRAS year; or (b) by offsetting the amount against an amount of incentive for a future NRAS year; or (c) if the incentive was given as a payment or has been claimed as a tax offset—as a debt due to the Commonwealth.