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COMMONWEALTHAct
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s 41

Interest charge—no repayment arrangement in effect

In force
Part 6Overpayments arising under this Act and certain administrative schemes
Division 2Recovery of debts

41 Interest charge—no repayment arrangement in effect

(1)

If:

(a)

a notice is given to a person under subsection 40(1) in relation to a relevant debt; and

(b)

an amount (the unpaid amount) of the debt remains unpaid at the end of the day (the due day) on which the debt is due to be paid; and

(c)

at the end of the due day, there is no arrangement in effect under section 41F in relation to the debt;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note:

For exemptions, see sections 41D and 41E.

(2)

The period starts at the beginning of the day after the due day and ends at the end of the earlier of the following days:

(a)

the last day at the end of which any of the following remains unpaid:

(i)

the unpaid amount;

(ii)

interest charge on any of the unpaid amount;

(b)

the day before the first day, after the due day, on which the person makes a payment under an arrangement under section 41F in relation to the debt.

(3)

The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a)

the unpaid amount;

(b)

the interest charge from previous days.

Note 1:

For interest charge rate see section 41C.

Note 2:

The interest charge for a day is due and payable to the Commonwealth at the end of that day: see section 41B.

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