Commonwealth Consolidated Acts

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NATIVE TITLE ACT 1993 - SECT 203FE

Provision of funding by the Commonwealth

Funding to perform functions of a representative body

             (1)  The Secretary of the Department may make funding available to a person or body, by way of a grant or in any other way the Secretary considers appropriate, for the purpose of enabling the person or body to perform, in respect of a specified area:

                     (a)  all the functions of a representative body; or

                     (b)  specified functions of a representative body;

either generally or in relation to one or more specified matters.

Funding following certain decisions under section 203FB

             (2)  The Secretary of the Department may make funding available to a person or body, by way of a grant or in any other way the Secretary considers appropriate, for the purpose of enabling the person or body to perform specified facilitation and assistance functions of a representative body in relation to a matter to which a decision under paragraph 203FBA(7)(b) or 203FBB(2)(b) relates.

Conditions of funding

             (3)  Funds provided to a person or body under this section, whether provided by grant or otherwise, may be so provided on whatever conditions the Secretary considers appropriate. However, the Secretary of the Department must impose conditions relating to:

                     (a)  the purposes for which the money may be spent; and

                     (b)  the period within which the money is to be spent; and

                     (c)  the acquittal of money spent; and

                     (d)  the giving of information relating to expenditure of the money; and

                     (e)  the appointment of a person, in cases where the Secretary considers that money from funds provided has not been spent in accordance with the conditions of the funding, with the power to prevent expenditure of further money from funds provided otherwise than in accordance with the conditions of the funding; and

                      (f)  the person's or body's continuing satisfactory performance of its functions referred to in subsection (1) or (2), as the case requires; and

                     (g)  the giving of information relating to the performance of the functions referred to in subsection (1) or (2), as the case requires, including the production and publication of financial statements.

Certain instruments not to be legislative instruments

          (3A)  An instrument that determines conditions of funding for the purposes of subsection (3) is not a legislative instrument .

Funding period to be specified

             (4)  The Secretary of the Department must determine the period during which the person or body may spend the money.

Funding period may be extended

             (5)  If the Secretary of the Department considers it appropriate, the Secretary may determine that the period during which the person or body may spend the money is extended for a specified further period.

Persons or bodies must comply with conditions etc.

             (6)  The person or body must comply with the conditions of funding, and with any determinations under subsection (4) or (5).



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