50Effect of refunds

50 Effect of refunds

Set‑off (1) If: (a) an amount (the received amount) covered by paragraph 48(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 48 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 48 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 specifying the amount the Commonwealth is not able to set off. Payment by Animal Health Australia to Commonwealth (3) If: (a) the Secretary gives Animal Health Australia a notice under subsection (2); and (b) Animal Health Australia is yet to fully apply one or more payments under section 48 relating to the AHA commodity/service; Animal Health Australia must, before applying those payments in accordance with the fourth priority in section 49, apply those payments in paying the Commonwealth as much as possible of the amount specified in the notice.