Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING ACT 1988 No. 2 of 1989 - SECT 11

11. (1) For the purposes of this Act, a State shall be taken to have fulfilled
a condition contained in a section of this Act (in this section
called the "relevant section") that the State will ensure that a prescribed
non-government institution does, or that the State will cause such an
institution to do, an act or thing in respect of a year if:

   (a)  the State has entered into an agreement with an approved authority of
        the institution that the authority will do the act or thing; and

   (b)  the agreement includes a provision that, if the authority commits a
        breach of the agreement, the authority will, if the Minister so
        determines, pay to the State such amount (not exceeding the sum of the
        amounts paid to the authority under the relevant section in respect of
        the year) as the Minister determines.

(2) Financial assistance is granted to a State under the relevant section in
relation to the institution on the condition that, if an amount that the
authority is liable to pay to the State under the agreement is paid by the
authority to the State, or is recovered by the State from the authority, the
State will pay to the Commonwealth an amount equal to that amount.