Document ID: chunk:federal_register_of_legislation:C2008A00091:clause:2_5
Version: federal_register_of_legislation:C2008A00091
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 5465–6582

5  At the end of section 105‑50 in Schedule 1
Add:

 (2) If:
 (a) an amount was paid to you, or applied under Division 3 of Part IIB of this Act, as:
 (i) a refund in relation to a *net amount, *net fuel amount or amount of *indirect tax; or
 (ii) an amount of indirect tax that was overpaid or wrongly paid; and
 (b) that amount exceeded the amount (if any) that you were entitled to be paid, or to have applied under Division 3 of Part IIB of this Act;
the amount of the excess (together with any relevant *general interest charge under this Act) ceases to be payable 4 years after it became payable by you.

 (3) However, subsection (1) does not apply to an amount, and subsection (2) does not apply to an amount of an excess, if:
 (a) within those 4 years the Commissioner has required payment of the amount or the amount of excess by giving a notice to you; or
 (b) the Commissioner is satisfied that:
 (i) the payment of the amount was avoided by fraud or evaded; or
 (ii) the payment of the amount of excess, or its application under Division 3 of Part IIB of this Act, was brought about by fraud or evasion.