Commonwealth Numbered Acts

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FUEL SECURITY ACT 2021 (NO. 65, 2021) - SECT 54

Repayment in other circumstances

             (1)  A person is required to repay the Commonwealth the amount worked out under subsection (2) if :

                     (a)  an amount is paid to the person by way of fuel security services payment; and

                     (b)  either:

                              (i)  fuel security services payment was not payable to the person; or

                             (ii)  the amount paid is more than the correct amount of fuel security services payment payable to the person.

             (2)  For the purposes of subsection (1), the amount is:

                     (a)  if fuel security services payment was not payable to the person--the whole of the amount mentioned in paragraph (1)(a); or

                     (b)  otherwise--the amount by which the amount mentioned in paragraph (1)(a) exceeds the correct amount of fuel security services payment payable to the person.

             (3)  An amount repayable by a person under this section is due and payable on the day the amount mentioned in paragraph (1)(a) is paid.

             (4)  An amount repayable by a person under this section is a debt due to the Commonwealth that may be recovered by the Secretary, on behalf of the Commonwealth, in:

                     (a)  the Federal Court of Australia; or

                     (b)  the Federal Circuit Court of Australia; or

                     (c)  a court of a State or Territory that has jurisdiction in relation to the matter.



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