(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.