17Variation of excessive claim

17 Variation of excessive claim

(1) If: (a) a person has lodged a claim under section 15 (whether or not the claim has been dealt with under subsection 15(3)); and (b) the person knows that the claim is for an amount, in respect of the ship, that exceeds the amount of grant that the person was entitled to claim in respect of that ship by more than $100; the person must, within 28 days after discovering the excess, lodge an acknowledgment that complies with subsection (2) of this section.

Penalty:

(a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or
(b) in the case of a body corporate—$5,000.

(2) An acknowledgment by a person under subsection (1) shall: (a) be in accordance with the appropriate approved form; (b) include such information as is required by the form; (c) be signed and witnessed as required by section 28; and (d) be lodged with the Secretary. (3) Where an acknowledgment relates to a claim under section 15 that has not been dealt with under subsection 15(3), the claim shall be dealt with under section 15 as if it had been amended in accordance with the acknowledgment. (4) If the Secretary is satisfied (whether as a result of an examination of an acknowledgment or otherwise), that there has been an overpayment of a claim by more than $100, the Secretary must cause a written demand for repayment of an amount of the overpayment to be served on the claimant. (4A) The written demand must, if there has not been an acknowledgment of the overpayment, set out the reason why the Secretary is of the view that there has been an overpayment. (4B) The claimant becomes, on receipt of a written demand under subsection (4), liable to repay the amount demanded to the Commonwealth.