(1) This regulation applies in relation to the following levies:
(a) an ACAC review levy;
- (b)
- a collapsed organization levy;
- (c)
- a Council administration levy.
- (2)
- For paragraph 140 (3) (c) of the Act, a registered health
benefits organization may apply to the Council for a refund of an amount of a
levy, or a late payment penalty, that is overpaid.
(3) An application must
be in writing and must state the following information:
- (a)
- whether the
application relates to an overpayment of a levy or an overpayment of late
payment penalty, or both;
- (b)
- the kind of levy to which the overpayment relates;
- (c)
- the amount of the overpayment;
- (d)
- the levy day relating to the overpayment;
- (e)
- the date when the organization became aware of the overpayment;
- (f)
- the reasons for the overpayment.
- (4)
- Within 28 days after receiving an application under subregulation (3), the
Council must:
- (a)
- decide whether:
- (i)
- to refund the amount of the overpayment to the organization; or
- (ii)
- if another levy or late payment penalty is due and payable by the
organization, and has not been paid to retain the amount of the
overpayment and apply it as payment (in whole or in part) of that levy or
penalty; and
- (b)
- give written notice of the decision to the organization.