Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, at a particular time, make a refund costs recoupment determination relating to one or more refund declarations if:
(a) before that time, the Minister has informed the Treasurer and the Finance Minister that the Minister intends to make a refund costs recoupment determination relating to those refund declarations; and
(b) at that time, the Commonwealth has not recovered all of each refund amount in relation to those refund declarations; and
(c) at that time, the Commonwealth has not previously made a refund costs recoupment determination relating to each of those refund declarations.
(2) A refund costs recoupment determination must:
(a) be in writing; and
(b) specify the refund declarations to which the determination relates; and
(c) specify the costs recoupment amount (see subsection ( 3)); and
(d) specify the default event declaration to which the determination relates (see subsection ( 4)).
(3) The costs recoupment amount specified in a refund costs recoupment determination is the amount equal to the sum of each refund amount that:
(a) is specified in a refund declaration specified in the determination; and
(b) has not been recovered by the Commonwealth at the time the determination is made.
(4) A default event declaration is a default event declaration to which a refund costs recoupment determination relates if the making of the default event declaration was a precondition of the making of the refund declarations specified in the refund costs recoupment determination.
(5) A refund costs recoupment determination is not a legislative instrument.