Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1988No. 1, 1989 - SECT 29

29. (1) Financial assistance is granted to a State under a provision of this
Part in respect of a program year on the additional conditions that:

   (a)  if the State does not fulfil a condition specified in that provision
        with respect to the grant, the State will, if the Minister so
        determines, repay to the Commonwealth an amount (not being greater
        than the sum of the amounts of financial assistance paid to the State
        under that provision in respect of that year) as the Minister
        specifies in the determination; and

   (b)  if a block grant authority or the approved authority of an approved
        school system, of a school or of a non-government centre in the State
        does not fulfil an obligation under an agreement between the authority
        and the Commonwealth made for the purposes of a section in this Part,
        the Minister may delay the making of any further payment to the State
        in respect of the authority under this Act until the authority fulfils
        that obligation.

(2) Nothing in this section authorises the recovery by the Commonwealth, in
respect of financial assistance granted to a State under a provision of this
Part, of any amount from that State under that provision or of any amount
under an agreement entered into for the purpose of that provision, if the
aggregate of that amount and:

   (a)  any amount previously recovered from that State under that provision;
        and

   (b)  any amount previously recovered under such an agreement; would exceed
        the amount of that financial assistance.

(3) Where:

   (a)  financial assistance:

        (i)    was granted to a State under a provision of the former Act in
               connection with non-government schools; or

        (ii)   is granted to a State under a provision of this Part in
               connection with non-government schools;

   (b)  under a condition of that grant that corresponds with subsection (1),
        or under subsection (1), as the case may be, the Minister has
        determined that the State should repay an amount to the Commonwealth;
        and
(c) an amount (in this subsection called the "repayable amount"), being the
whole or a part of the amount referred to in paragraph (b), remains unpaid;
the Minister may reduce an amount that is payable to the State under the
relevant provision of this Part in a program year by an amount not greater
than the repayable amount.