Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may take any one or more of the following actions in relation to a State or Territory to which this Division applies:
(a) determine, in writing, that the State or Territory pay to the Commonwealth a specified amount;
(b) determine, in writing, that the amount of financial assistance that is payable to the State or Territory under this Act is reduced by a specified amount;
(c) delay making any further payment (or a part of a further payment) to the State or Territory under this Act for a year until:
(i) if this Division applies because of section 108--the non - compliance, breach or failure is rectified; and
(ii) if this Division applies because of section 109--the overpayment, the amount of the recoverable payment, or the unpaid amount referred to in paragraph 109(3)(b), is repaid.
Note 1: For the effect of a determination made under paragraph ( 1)(a) or (b), see sections 24 and 111.
Note 2: Decisions under this section are reviewable decisions (see Division 3 of Part 9).
Note 3: Under subsection 33(3) of the Acts Interpretation Act 1901 , the Minister could revoke a determination that reduces the amount of financial assistance that is payable to a State or Territory. This would require the amount of the reduction to be paid by the Commonwealth to the State or Territory.
(2) An amount may be reduced or a payment delayed under paragraph ( 1)(b) or (c):
(a) for one or more schools for a year; or
(c) for a capital grants authority or block grant authority for a school for a year; or
(d) for a non - government representative body for a non - government school for a year.
(3) The regulations may prescribe a limit, or a method of determining a limit, on an amount determined under paragraph ( 1)(a) or (b).
Determination not legislative instrument
(5) A determination under this section is not a legislative
instrument.