38Refund of overpaid amounts

#### 38 Refund of overpaid amounts (1) If, because an assessment is amended, a person’s liability to superannuation guarantee charge is reduced: (a) the amount by which the charge is reduced is taken, for the purposes of section 49, never to have been payable; and (b) the Commissioner must: (i) refund any overpaid amount; or (ii) apply any overpaid amount against the person’s liability (if any) to the Commonwealth and refund any part of the amount that is not so applied. (2) In subsection (1): > overpaid amount includes any overpaid amount of additional superannuation guarantee charge under section 49 or Part 7 of this Act or administrative penalty under Part 4‑25 in Schedule 1 to the Taxation Administration Act 1953.