substitute
(2) The commissioner must reassess and refund duty paid on an agreement if—
(a) the agreement is not liable to duty under this chapter because of this section; and
(b) an application for a refund is made within the later of—
(i) 5 years after the initial assessment; or
(ii) 1 year after the agreement is cancelled.
(3) In this section:
"cancelled" means rescinded, annulled or otherwise terminated without completion.