Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SECT 81

(1) If:

   (a)  a statement made by any person to the Minister, to an officer of the
        Department, or to a block grant authority or a person employed by or
        acting on behalf of such an authority, for the purposes of this Act,
        the former Act or the 1988 Act relating to the grant of financial
        assistance for schools, hostels or other bodies involved in primary
        education or secondary education, or for the purposes of an agreement
        under such an Act, is false or misleading in a material particular;
        and

   (b)  in reliance on the statement, a payment has been made to a State under
        a provision of this Act for the State or for a non-government body
        (including a block grant authority and a nominated authority) of an
        amount that, in the Minister's opinion, exceeds the amount that would
        have been authorised to be paid if the statement had not been false or
        misleading in a material particular; the Minister may make a
        determination reducing any amount payable to the State under this Act
        for the State or the non-government body, as the case may be, in a
        particular program year or during 2 or more program years, by the
        amount of the excess.

(2) If:

   (a)  a statement made to the Minister or to an officer of the Department
        for the purposes of this Act, the former Act or the 1988 Act relating
        to the grant of financial assistance for schools or other bodies
        involved in primary education or secondary education, or for the
        purposes of the making of an agreement under such an Act, by the
        approved authority of a non-systemic school, or of an approved school
        system, is false or misleading in a material particular; and

   (b)  as a result of the statement, the school or the system obtains, for
        the purpose of meeting recurrent expenditure, a higher funding level
        than, in the Minister's opinion, the school or system may have
        obtained if the statement had not been made; the Minister may make a
        determination varying the list by setting out a different funding
        level of the school or system.

(3) A determination under this section may be expressed to have taken effect
from a day before the day on which the determination was made.