Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the Commissioner pays an amount by way of a PPL superannuation contribution for a person for an income year; and
(b) either:
(i) the PPL superannuation contribution was not payable for the person for the income year; or
(ii) the amount paid is more than the correct amount of the PPL superannuation contribution.
(2) The amount overpaid is:
(a) the whole of the amount referred to in paragraph (1)(a) if the PPL superannuation contribution was not payable for the person for the income year; or
(b) the amount by which the amount paid exceeds the correct amount if the amount paid is more than the correct amount of the PPL superannuation contribution.
(3) The Commissioner may take action to recover the amount overpaid under one or more of the items in the following table but may only take action under an item if the conditions (if any) specified for that item are satisfied:
Methods for recovering amount overpaid | ||
Item | Action the Commissioner may take to recover amount overpaid | Conditions to be satisfied |
The Commissioner may deduct the whole or a part of the amount overpaid from any PPL superannuation contribution payable for the person. |
| |
2 | The Commissioner may debit an account of the person in the Superannuation Holding Accounts Special Account with the whole or a part of the amount overpaid. | The account must include one or more PPL superannuation contributions for the person. The amount debited must not exceed the amount of those PPL superannuation contributions. |
The Commissioner may recover the whole or a part of the amount overpaid from the person's legal personal representative as a debt due by the representative to the Commonwealth. | The PPL superannuation contribution must have been paid by the Commissioner to the representative. The Commissioner must give the representative written notice, as prescribed by the PPL rules, of the proposed recovery (including the amount to be recovered). At least 28 days must have elapsed since the notice was given. The amount recovered must not exceed the amount specified in the notice. | |
4 | The Commissioner may recover the whole or a part of the amount overpaid from a superannuation provider to whom: (a) the Commissioner paid the PPL superannuation contribution; or (b) another superannuation provider transferred the PPL superannuation contribution; as a debt due by the superannuation provider to the Commonwealth. | The superannuation provider must hold one or more PPL superannuation contributions for the person. The amount recovered must not exceed the amount of those PPL superannuation contributions. The Commissioner must give the superannuation provider written notice, as prescribed by the PPL rules, of the proposed recovery (including the amount to be recovered). At least 28 days must have elapsed since the notice was given. The amount recovered must not exceed the amount specified in the notice. |
Note: Section 115Q provides for the imposition of general interest charge if an amount that the person must pay under a notice given to the person under item 3 or 4 of the above table is not repaid within a certain period.
(4) If:
(a) the Commissioner gives a superannuation provider a notice under item 4 of the table in subsection (3) in relation to an amount overpaid for a person; and
(b) the provider holds one or more PPL superannuation contributions for the person at the time when the Commissioner gives the provider the notice;
the Commissioner may recover from the provider under that item whether or not the provider continues to hold the contribution or contributions after that time.
(5) The Commissioner may revoke a notice given under item 3 or 4 of the table in subsection (3) if the Commissioner is satisfied that it is appropriate in the circumstances to do so.
(6) The total of the amounts deducted, debited or recovered under subsection (3) in relation to an overpayment must not exceed the amount overpaid.
(7) If the Commissioner makes:
(a) a deduction under item 1 of the table in subsection (3); or
(b) a debit under item 2 or a recovery under item 4 of the table;
in relation to a PPL superannuation contribution for a person, the Commissioner must give the person the information prescribed by the PPL rules in relation to the deduction or debit within 28 days after the deduction or debit is made.