Document ID: chunk:federal_register_of_legislation:C2018C00325:section:4
Version: federal_register_of_legislation:C2018C00325
Segment Type: section
Provision Reference: s 4
Character Range: 45534–48705

4                                       The Commissioner may recover the whole or a part of the amount overpaid from a superannuation provider to whom:                                                                                                   The superannuation provider must hold one or more Government co‑contributions in respect of the person.
                                        (a) the Commissioner paid the Government co‑contribution; or                                                                                                                                                      The amount recovered must not exceed the amount of those Government co‑contributions.
                                        (b) another superannuation provider transferred the Government co‑contribution;                                                                                                                                   The Commissioner must give the superannuation provider written notice, as prescribed, of the proposed recovery (including the amount to be recovered).
                                        as a debt due by the superannuation provider to the Commonwealth.                                                                                                                                                 At least 28 days must have elapsed since the notice was given.
                                                                                                                                                                                                                                                          The amount recovered must not exceed the amount specified in the notice.

Note: Section 25 provides for the imposition of general interest charge if an amount that the person must pay under a notice given to the person under item 3 or 4 of the above table is not repaid within a certain period.
 (4) If:
 (a) the Commissioner gives a superannuation provider a notice under item 4 of the table in subsection (3) in relation to an amount overpaid in respect of a person; and
 (b) the provider holds one or more Government co‑contributions in respect of the person at the time when the Commissioner gives the provider the notice;
the Commissioner may recover from the provider under that item whether or not the provider continues to hold the contribution or contributions after that time.
 (5) The Commissioner may revoke a notice given under item 3 or 4 of the table in subsection (3) if the Commissioner is satisfied that it is appropriate in the circumstances to do so.
 (6) The total of the amounts deducted, debited or recovered under subsection (3) in relation to an overpayment must not exceed the amount overpaid.
 (7) If the Commissioner makes:
 (a) a deduction under item 1 of the table in subsection (3); or
 (b) a debit under item 2 of the table;
in relation to a Government co‑contribution in respect of a person, the Commissioner must give the person the prescribed information in relation to the deduction or debit within 28 days after the deduction or debit is made.

Part 5A—General interest charge