Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p48
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 117290–119994

other, or each of the others, prescribes the other separate field or each of the other separate fields, with effect from that day, as an exempt onshore field or an exempt offshore field.

"(3) Within 90 days after the Minister for Primary Industries and Energy makes a replacement by-law under subsection (1), the CEO must, having regard to the information (if any) provided by the producer and to other relevant information:

    (a) work out the amount of duty (if any) that is shortpaid by the relevant producer to the Commonwealth having regard to the replacement by-law; and

    (b) notify the relevant producer, in writing, of that amount.

"(4) Within 90 days after the Minister for Primary Industries and Energy makes replacement by-laws under subsection (2), the CEO must, having regard to the information (if any) provided by the producer and to other relevant information:

SCHEDULE 7—continued

    (a) work out the amount of duty (if any) overpaid by the relevant producer to the Commonwealth having regard to those replacement by-laws; and

    (b) notify the relevant producer, in writing, of that amount.

"(5) If a replacement by-law made under subsection (1) is published in the Gazette, no action lies against the relevant producer for recovery of the amount of duty shortpaid until 60 days after notification under subsection (3) of the duty shortpaid.

"(6) If an amount is notified under subsection (3):

    (a) the amount is, subject to subsections (13) and (14), payable by the relevant producer to the Commonwealth within 60 days after it is so notified; and

    (b) if that amount is paid during that period, no interest is payable on that amount or on any part of that amount.

"(7) If replacement by-laws made under subsection (2) are published in the Gazette, no action lies against the Commonwealth for recovery of the amount of duty overpaid until 60 days after notification under subsection (4) of the duty overpaid.

"(8) If an amount is notified under subsection (4):

    (a) the amount is, subject to subsections (13) and (14), payable by the Commonwealth to the relevant producer within 60 days after the day so notified; and

    (b) if that amount is paid during that period, no interest is payable on that amount or on any part of that amount.

"(9) If, within 60 days after an amount is notified to a relevant producer under subsection (3), the producer fails to pay that amount to the Commonwealth, interest may be charged only with effect from the day on which the replacement by-law was published in the Gazette.

"(10) If, within 60 days after an amount is notified to a relevant producer under subsection (4), the Commonwealth fails to pay that amount to