Commonwealth Consolidated Acts

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AUSTRALIAN EDUCATION ACT 2013 - SECT 111

Effect of determination under paragraph 110(1)(a) or (b)

Effect of determination under paragraph   110(1)(a)

  (1)   If the Minister determines under paragraph   110(1)(a) that a State or Territory pay an amount to the Commonwealth, the amount payable by the State or Territory to the Commonwealth is (subject to any regulations made for the purposes of section   24) a debt due by the State or Territory to the Commonwealth, and may be recovered by the Minister, on behalf of the Commonwealth, in a court of competent jurisdiction.

Effect of determination under paragraph   110(1)(b)

  (2)   Subsection   ( 3) applies if the Minister determines under paragraph   110(1)(b) that the amount of financial assistance that is payable to a State or Territory under this Act is reduced by a specified amount:

  (a)   for one or more schools for one or more years; 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)   For the purposes of this Act, the amount that is payable to the State or Territory for the schools, authority or body for the year under the following provision (as the case requires) is reduced by the amount specified:

  (a)   Division   2 of Part   3 ( funding formula for schools );

  (d)   subsection   67(1) (capital funding for capital grants authorities);

  (e)   subsection   67(2) (capital funding for block grant authorities);

  (f)   Division   3 of Part   5 ( other funding for schools );

  (g)   Division   4 of Part   5 (funding for non - government representative bodies).

Note:   This affects the amounts of the payments of financial assistance that are determined under section   25, 28, 29 or 30.


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