Document ID: chunk:federal_register_of_legislation:C2021C00299:section:2:p9
Version: federal_register_of_legislation:C2021C00299
Segment Type: section
Provision Reference: s 2 (pt 9/13)
Character Range: 43940–46578

in the determination.
 (2) The matters must relate to correction of errors that were made in working out *net fuel amounts to which subsection (3) or (4) applies.
 (3) This subsection applies to a *net fuel amount for a *tax period (the earlier tax period) if:
 (a) the earlier tax period precedes the tax period mentioned in subsection (1); and
 (b) the tax period mentioned in subsection (1) starts during the *period of review for the *assessment of the net fuel amount.
 (4) This subsection applies to a *net fuel amount for a *fuel tax return period (the earlier fuel tax return period) if:
 (a) the earlier fuel tax return period precedes the fuel tax return period mentioned in subsection (1); and
 (b) the fuel tax return period mentioned in subsection (1) starts during the *period of review for the *assessment of the net fuel amount.
 (5) If the circumstances mentioned in subsection (1) apply in relation to a *tax period or a *fuel tax return period applying to you, you may work out your *net fuel amount for the tax period or fuel tax return period in that way.

Division 61—Returns, refunds and payments

Table of Subdivisions
 Guide to Division 61
61‑A Returns, refunds and payments

Guide to Division 61

61‑1  What this Division is about

      You must give the Commissioner a return for each tax period (or fuel tax return period if you are not registered, nor required to be registered, for GST) by a specified time.
      If the Commissioner assesses you as having a positive net fuel amount, you must pay the Commissioner that amount. If the Commissioner assesses you as having a negative net fuel amount, the Commissioner must pay you that amount.
Note: For the assessment of the net fuel amount (including self‑assessment), see Division 155 in Schedule 1 to the Taxation Administration Act 1953.

Subdivision 61‑A—Returns, refunds and payments

Table of Sections
61‑5 Entitlement to a refund
61‑7 When entitlement arises
61‑10 Requirement to pay an assessed net fuel amount
61‑15 When you must give the Commissioner your return
61‑20 Fuel tax return periods

61‑5  Entitlement to a refund
 (1) If your *assessed net fuel amount for a *tax period or *fuel tax return period is less than zero, the Commissioner must, on behalf of the Commonwealth, pay that *amount (expressed as a positive amount) to you.
Note 1: See Division 3A of Part IIB of the Taxation Administration Act 1953 for the rules about how the Commissioner must pay you. Division 3 of Part IIB of that Act allows the Commissioner to apply the amount owing as a credit against tax debts that you owe to the Commonwealth.
Note 2: Interest is payable