Commonwealth Numbered Acts

COMMUNITY EMPLOYMENT ACT 1983 No. 34 of 1983 - SECT 11

11. (1) An agreement under this Act is, except so far as otherwise provided in
the agreement, subject to the following conditions:

   (a)  the payee is not entitled to a payment under the agreement with
        respect to any expenditure by the payee for the purposes of carrying
        out an approved project unless the payee has furnished to the
        Minister-

        (i)    in the case of an agreement with a State or a Commonwealth
               authority-a statement in respect of that expenditure, in
               accordance with a form approved by the Minister, accompanied by
               a certificate of the Auditor-General certifying, in relation to
               each amount shown in the statement as having been expended,
               either-

                (A)  that, in his opinion, the amount was expended for the
                     purposes of carrying out the approved project; or

                (B)  that he has received a certificate from a
                     qualified accountant stating that, in his opinion, the
                     amount was expended for the purposes of carrying out the
                     approved project;

        (ii)   in the case of an agreement with a person under section 8-a
               statement in respect of that expenditure, in accordance with a
               form approved by the Minister, accompanied by a certificate of
               a qualified accountant certifying, in relation to each amount
               shown in the statement as having been expended, that, in his
               opinion, the amount was expended for the purposes of carrying
               out the approved project; and

        (iii)  such further information, if any, as the Minister requires in
               respect of that expenditure;

   (b)  in relation to a payment to the payee for the purposes of carrying out
        an approved project-

        (i)    if the Minister so requests, the payee shall furnish to the
               Minister, as soon as practicable after such date as the
               Minister specifies, a report on the activities by the payee in
               connection with the approved project, being a report containing
               such particulars as are specified by the Minister;

        (ii)   if the Minister informs the payee that he is satisfied that the
               payee has failed to fulfil the condition specified in
               sub-paragraph (i) or satisfied that the approved project or any
               part of the approved project has not been undertaken, the payee
               shall repay the amount of the payment, or such part of that
               amount as the Minister specifies, to the Commonwealth; and

        (iii)  the Minister may deduct any amount repayable by the payee in
               acordance with the condition specified in sub-paragraph (ii)
               from any amount payable by the Commonwealth to the payee under
               this Act;

   (c)  in relation to a payment to the payee-

        (i)    the payee shall repay to the Commonwealth, on demand by the
               Minister, the amount by which, at the time of the demand, the
               total of the payments made to the payee under this Act exceeds
               the total of the amounts that have become payable to the payee
               under this Act; and

        (ii)   the Minister may deduct any amount repayable by the payee in
               accordance with the condition specified in sub-paragraph (i)
               from any amount payable by the Commonwealth to the payee under
               this Act.

(2) In sub-section (1)-

''Auditor-General'' means-

   (a)  in relation to an agreement with a State-the Auditor-General of that
        State; or

   (b)  in relation to an agreement with a Commonwealth authority-the
        Auditor-General for the Commonwealth;

''Minister'', in relation to an agreement under section 8, means the Minister
referred to in that section;

''payee'', in relation to an agreement, means the party to which amounts are
payable by the Commonwealth under the agreement;

''payment'' includes an advance;

''qualified accountant'' means-

   (a)  a person who is registered as a company auditor or a public accountant
        under a law in force in a State or Territory; or

   (b)  a member of The Institute of Chartered Accountants in Australia or of
        the Australian Society of Accountants.