46Effect of refunds

46 Effect of refunds

Set‑off (1) If: (a) an amount (the received amount) covered by paragraph 44(1)(a), (b) or (c) is received by or on behalf of the Commonwealth in relation to an AHA commodity/service; and (b) the Commonwealth pays to Animal Health Australia under section 44 an amount equal to the received amount; and (c) the Commonwealth, after making that payment, refunds an amount equal to the whole or a part of the received amount; the Commonwealth may set off an amount equal to the refund against a payment the Commonwealth must make under section 44 in relation to the AHA commodity/service.

Note: The Commonwealth might refund an amount because a person paid too much levy or charge.

Notice requiring Animal Health Australia to pay amount to Commonwealth (2) If the Commonwealth is not able to do so, the Secretary may give Animal Health Australia a written notice: (a) specifying the amount the Commonwealth is not able to set off; and (b) requiring Animal Health Australia to pay to the Commonwealth the amount specified in the notice; and (c) specifying the period within which Animal Health Australia must pay the amount specified in the notice. (3) Animal Health Australia must pay the amount under subsection (2) before applying payments made to Animal Health Australia under section 44 in accordance with subsection 45(4). Debt (4) If Animal Health Australia is required by a notice under subsection (2) to pay an amount to the Commonwealth and an amount payable by Animal Health Australia remains unpaid at the end of the period specified in the notice, the amount unpaid: (a) is a debt due to the Commonwealth; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.