TAXATION ADMINISTRATION ACT 1953

PART IIB - RUNNING BALANCE ACCOUNTS, APPLICATION OF PAYMENTS AND CREDITS, AND RELATED MATTERS  

Division 4 - Miscellaneous provisions about tax debts  

SECTION 8AAZN   OVERPAYMENTS MADE BY THE COMMISSIONER UNDER TAXATION LAWS  

8AAZN(1)   [Overpayments are court recoverable as debts due]  

An administrative overpayment (the overpaid amount ):


(a) is a debt due to the Commonwealth by the person to whom the overpayment was made (the recipient ); and


(b) is payable to the Commissioner; and


(c) may be recovered in a court of competent jurisdiction by the Commissioner, or by a Deputy Commissioner, suing in his or her official name.

8AAZN(2)   [General interest charge payable on overdue amounts]  

If:


(a) the Commissioner has given a notice to the recipient in respect of the overpaid amount, specifying a due date for payment that is at least 30 days after the notice is given; and


(b) any of the overpaid amount remains unpaid at the end of that due date;

then the recipient is liable to pay the general interest charge on the unpaid amount for each day in the period that:


(c) started at the beginning of that due date; and


(d) finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:


(i) the overpaid amount;

(ii) general interest charge on any of the overpaid amount.

8AAZN(3)   [Administrative overpayment]  

In this section:

administrative overpayment
means an amount that the Commissioner has paid to a person by mistake, being an amount to which the person is not entitled.




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