Document ID: chunk:federal_register_of_legislation:C2016C00974:clause:1_173:p1
Version: federal_register_of_legislation:C2016C00974
Segment Type: clause
Provision Reference: sch 1 cl 173 (pt 1/2)
Character Range: 58846–61445

173  Sections 61‑5 and 61‑10
Repeal the sections, substitute:

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 under the Taxation (Interest on Overpayments and Early Payments) Act 1983 if the Commissioner is late in paying the amount.
 (2) However, if:
 (a) the Commissioner amends the *assessment of your *net fuel amount for a *tax period or *fuel tax return period; and
 (b) your *assessed net fuel amount before the amendment was less than zero; and
 (c) the *amount that, because of the assessment, was:
 (i) paid; or
 (ii) applied under the Taxation Administration Act 1953;
  exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net fuel amount always been the later assessed net fuel amount;
you must pay the excess to the Commissioner as if:
 (d) the excess were an assessed net fuel amount for that period; and
 (e) that assessed net fuel amount were an amount greater than zero and equal to the amount of the excess; and
 (f) despite section 61‑10, that assessed net fuel amount became payable, and due for payment, by you at the time when the amount was paid or applied.
Note: Treating the excess as if it were an assessed net fuel amount has the effect of applying the collection and recovery rules in Part 3‑10 in Schedule 1 to the Taxation Administration Act 1953, such as a liability to pay the general interest charge under section 105‑80 in that Schedule.

61‑7  When entitlement arises
  Your entitlement to be paid an *amount under section 61‑5 arises when the Commissioner gives you notice of the *assessment of your *net fuel amount for the *tax period or *fuel tax return period.
Note: In certain circumstances, the Commissioner is treated as having given you notice of the assessment when you give to the Commissioner your return (see section 155‑15 in Schedule 1 to the Taxation Administration Act 1953).

61‑10  Requirement to pay an assessed net fuel amount
  You must pay your *assessed net fuel amount for a *tax period to the Commissioner by the day on which you are required under section 46‑5 or 61‑15 to give