Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SHIPS (CAPITAL GRANTS) ACT 1987 No. 74, 1987 - SECT 17

Variation of excessive claim
17. (1) Where a person who has lodged a claim under section 15 (whether or not
the claim has been dealt with under subsection 15 (3)) becomes aware that the
claim is for an amount of grant in respect of a ship that exceeds the amount
of grant that the person was entitled to claim in respect of that ship by more
than $100, the person shall, within 28 days after discovering the excess,
lodge an acknowledgment of the excess, being an acknowledgment that complies
with subsection (2).
Penalty:

   (a)  in the case of a natural person - $1,000 or imprisonment for 6 months,
        or both; or

   (b)  in the case of a body corporate - $5,000.

(2) An acknowledgment by a person under subsection (1) shall:

   (a)  be in accordance with the appropriate approved form;

   (b)  include such information as is required by the form;

   (c)  be signed and witnessed as required by section 28; and

   (d)  be lodged with the Secretary.

(3) Where an acknowledgment relates to a claim under section 15 that has not
been dealt with under subsection 15 (3), the claim shall be dealt with under
section 15 as if it had been amended in accordance with the acknowledgment.

(4) Where the Secretary, after examining an acknowledgment under subsection
(1) to which subsection (3) does not apply and causing such inquiries as the
Secretary considers necessary to be made, is satisfied that there has been an
overpayment of a claim by more than $100, the Secretary shall cause to be
served on the claimant a demand for the repayment of the amount of the
overpayment, and the claimant is liable to repay that amount to the
Commonwealth. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback