(1)  The Commissioner, if satisfied that a person has overpaid an amount, is to –

(a) refund the overpaid amount; or

(b) apply the overpaid amount against any liability of the person under a taxation law, or another Act of which the Commissioner has the general administration, and refund any part of the overpayment that is not so applied.

(2)  The Commissioner may only take an action under subsection (1) in relation to an amount that a person has overpaid, if –

(a) the person has lodged an application under section 28 in relation to the overpayment; or

(b) the overpayment has been identified during an investigation conducted in accordance with Part 9 or Part 9A .

(3)  A person who has lodged an application under section 28 in relation to an amount is not entitled to a refund of the amount, or to have the amount applied against any liability referred to in subsection (1)(b) , unless the application is  –

(a) lodged with the Commissioner within 5 years after the date on which the amount was paid; or

(b) if the amount is one of 2 or more amounts, to which the application relates, that were instalments paid under section 13 of the Land Tax Act 2000 in the same financial year and were not paid under an arrangement under section 59 of this Act – lodged with the Commissioner within 4 years after the most recent payment in relation to those amounts was made.