Tax Laws Amendment (2009 GST Administration Measures) Act 2010 (20 of 2010)

Schedule 5   Recovering overpaid refunds

Fuel Tax Act 2006

6   At the end of section 61-5

Add:

(3) However, if the amount (the refund ) paid, or applied under the Taxation Administration Act 1953, for a *tax period or *fuel tax return period exceeds the *amount to which you are properly entitled under subsection (1) for that period, you must pay the excess to the Commissioner as if:

(a) the excess were a *net fuel amount for that period; and

(b) that net fuel amount were an amount greater than zero and equal to the excess; and

(c) despite section 61-10, that net fuel amount became payable, and due for payment, by you at the time when the refund was paid or applied.

Note: Treating the excess as if it were a net fuel amount has the effect of applying the collection and recovery rules in Part 3-10 in Schedule 1 to the Taxation Administration Act 1953, such as a liability to pay the general interest charge under section 105-80 in that Schedule.