(1)

There must be a condition that the other party to the Part 2 agreement give to the Secretary of the Department a certificate:

(a) made by a qualified accountant; and
(b) specifying whether the payments to the party have been spent (or committed to be spent) for the purposes specified in the agreement.

(2)

If the other party to the Part 2 agreement is a State, there must be a condition that, if not all the payments were spent (or committed to be spent) by the State for the purposes specified in the agreement, the State will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination within a period determined by the Minister.

(3)

The amount stated in the determination must not be more than the sum of the unspent or uncommitted amounts.