15Special provisions applicable to refund or rebate in respect of commencing period

15 Special provisions applicable to refund or rebate in respect of commencing period

(1) For the purposes of this section: (a) the net tax applicable to an employer in respect of the commencing period is the amount of tax paid or payable by him or her in respect of that period after the deduction of any refund or rebate to which, under section 14, he or she is entitled in respect of that period; and (b) the notional net tax applicable to an employer in respect of the financial year that commenced on 1 July 1971, is the amount of tax that would have been paid or payable by him or her under the Pay‑roll Tax Assessment Act 1941 in respect of that financial year if the Pay‑roll Tax (Termination of Commonwealth Tax) Act 1971 had not been enacted after the deduction of any refund or rebate to which, under section 16 of the Pay‑roll Tax Assessment Act 1941, he or she would have been entitled in respect of that financial year if the Pay‑roll Tax (Termination of Commonwealth Tax) Act 1971 had not been enacted. (2) Where the net tax applicable to an employer in respect of the commencing period exceeds the notional tax applicable to that employer in respect of the financial year that commenced on 1 July 1971, the Commissioner shall, upon application by the employer, refund or rebate to the employer an amount equal to the excess.