Document ID: chunk:federal_register_of_legislation:C2016A00003:clause:1_97ma
Version: federal_register_of_legislation:C2016A00003
Segment Type: clause
Provision Reference: sch 1 cl 97MA
Character Range: 32189–34316

97MA  Variation of determination of exit contribution or regulatory contribution payable by a former Commonwealth authority etc.
 (1) Comcare may, in writing, vary a determination under section 97CA, 97CB, 97CC or 97DA of the amount of a body corporate's or the Australian Capital Territory's exit contribution or regulatory contribution if, and only if:
 (a) there is an error in information given to Comcare under section 97F that affected the determination; or
 (b) Comcare has made an error in determining the amount of the exit contribution or contribution.
 (2) Comcare must send a copy of the variation, together with a statement of the reasons for the variation, to the principal officer of the body corporate or the Australian Capital Territory.
 (3) Sections 97J and 97K apply to a variation of a determination in the same way they apply to a determination.
 (4) If:
 (a) an amount equal to the exit contribution or regulatory contribution of a body corporate or the Australian Capital Territory has been paid to Comcare in accordance with a direction of the Commission; and
 (b) the amount of the exit contribution or regulatory contribution is later reduced as a result of a variation under this section;
the body corporate or the Australian Capital Territory is entitled to the difference between the amount so paid and the reduced amount.
 (5) The difference must be repaid by Comcare to the body corporate or the Australian Capital Territory.
 (6) If Comcare erroneously charges a body corporate or the Australian Capital Territory an exit contribution or regulatory contribution in excess of the maximum exit contribution or maximum regulatory contribution that it could have charged, Comcare must, in addition to repaying the amount of the excess, also pay the body corporate or the Australian Capital Territory interest on the excess.
 (7) Interest on the excess is payable at such rate as is from time to time specified in a notice under subsection 97M(7), in respect of each day after the overpayment and before the excess is repaid. However, interest is not payable on the excess if it is less than $100.