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AUSTRALIAN TECHNICAL COLLEGES (FLEXIBILITY IN ACHIEVING AUSTRALIA'S SKILLS NEEDS) ACT 2005 No. 124, 2005 - SECT 13

Condition of agreement not fulfilled
(1)
There must be a condition that if:

(a) in the case of an agreement mentioned in section 7—the condition in paragraph 7(2)(a) is not fulfilled; or
(b) in any case—the other party to the Part 2 agreement does not fulfil another condition of the agreement by the date specified in the agreement, or within such further period as the Minister allows;

then:

(c) the other party will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and
(d) if the other party does not do so, the Minister may make a determination reducing one or more payments of financial assistance under this Act to the other party; and
(e) the Minister may delay the making of any further payment under this Act to the other party until the conditions mentioned in paragraphs (a) and (b) are fulfilled.

(2)
The amount mentioned in paragraph (1)(c) must not be more than:

(a) if the other party is a State—the sum of the payments mentioned in paragraph 6(1)(a); and
(b) if the other party is an ATC authority—the sum of the payments mentioned in paragraph 7(2)(b).



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