60Effect of refunds

60 Effect of refunds

Set‑off (1) If: (a) an amount (the received amount) covered by paragraph 58(1)(a), (b) or (c) is received by or on behalf of the Commonwealth in relation to a PHA commodity/service; and (b) the Commonwealth pays to Plant Health Australia under section 58 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 58 in relation to the PHA commodity/service.

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

Notice requiring Plant Health Australia to pay amount to Commonwealth (2) If the Commonwealth is not able to do so, the Secretary may give Plant Health Australia a written notice: (a) specifying the amount the Commonwealth is not able to set off; and (b) requiring Plant Health Australia to pay to the Commonwealth the amount specified in the notice; and (c) specifying the period within which Plant Health Australia must pay the amount specified in the notice. (3) Plant Health Australia must pay the amount under subsection (2) before applying payments made to Plant Health Australia under section 58 in accordance with the fifth priority in section 59. Debt (4) If Plant Health Australia is required by a notice under subsection (2) to pay an amount to the Commonwealth and an amount payable by Plant 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.