Air Travellers Security Charge Act
Marginal note:Payment in error
33 (1) The Minister may pay a refund to a person
(a) if the person paid an amount in excess of the amount that was payable by that person under this Act; or
(b) if the person has paid to a designated air carrier an amount as or on account of a charge
(i) in respect of an air transportation service that was not used by any person before all rights to be provided the transportation by air included in the service expired, or
(ii) in respect of an air transportation service that was used only partially before all rights to be provided the transportation by air included in the service expired if the part that was used would not, by itself, be subject to a charge.
Marginal note:Amount of refund
(2) The amount of a refund payable by the Minister is, if paragraph (1)(a) applies, the amount of the excess referred to in that paragraph and, if paragraph (1)(b) applies, the amount paid as or on account of the charge.
(3) A refund under this section in respect of an amount shall not be paid to a person to the extent that
(a) the amount was taken into account as an amount required to be paid by the person in respect of one of their fiscal months and the Minister has assessed the person for the month under section 39; or
(b) the amount was an amount assessed under section 39.
Marginal note:Application for refund
(4) A refund of an amount shall not be paid to a person unless the person files with the Minister an application for the refund in the prescribed form and manner within two years after the person paid the amount.
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