Document ID: chunk:federal_register_of_legislation:C2020C00082:section:18
Version: federal_register_of_legislation:C2020C00082
Segment Type: section
Provision Reference: s 18
Character Range: 27400–29060

18  Making of refund costs recoupment determination
 (1) The Minister may, at a particular time, make a refund costs recoupment determination relating to one or more refund declarations if:
 (a) before that time, the Minister has informed the Treasurer and the Finance Minister that the Minister intends to make a refund costs recoupment determination relating to those refund declarations; and
 (b) at that time, the Commonwealth has not recovered all of each refund amount in relation to those refund declarations; and
 (c) at that time, the Commonwealth has not previously made a refund costs recoupment determination relating to each of those refund declarations.
 (2) A refund costs recoupment determination must:
 (a) be in writing; and
 (b) specify the refund declarations to which the determination relates; and
 (c) specify the costs recoupment amount (see subsection (3)); and
 (d) specify the default event declaration to which the determination relates (see subsection (4)).
 (3) The costs recoupment amount specified in a refund costs recoupment determination is the amount equal to the sum of each refund amount that:
 (a) is specified in a refund declaration specified in the determination; and
 (b) has not been recovered by the Commonwealth at the time the determination is made.
 (4) A default event declaration is a default event declaration to which a refund costs recoupment determination relates if the making of the default event declaration was a precondition of the making of the refund declarations specified in the refund costs recoupment determination.
 (5) A refund costs recoupment determination is not a legislative instrument.