Commonwealth Numbered Acts

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AUSTRALIAN EDUCATION ACT 2013 (NO. 67, 2013) - SECT 26

Entitlement to recurrent funding

             (1)  The total amount of payments made under paragraph 25(1)(a) to a State or Territory for a participating school for a year must equal the amount determined under subsection (4) as the school's total entitlement for the year.

Note 1:       Total entitlement is defined in section 12.

Note 2:       The total entitlement may be reduced under section 110 (action Minister may take for failure to comply with this Act, and to require amounts to be repaid).

             (2)  The total amount of payments made under paragraph 25(1)(b) to a State or Territory for an approved authority for a year must equal the amount determined under subsection (4) as the authority's total entitlement for the year.

             (3)  The total amount of payments made under paragraph 25(1)(c) to a State or Territory for non-participating schools for a year must equal the amount determined under subsection (4) as the total entitlement for those non-participating schools for the year.

             (4)  For the purposes of subsections (1) to (3), the Minister may determine an amount that the Minister is satisfied is the relevant total entitlement.

Note:          A decision under this subsection is a reviewable decision if the total entitlement relates to an amount that is payable under Division 2 or 5 of Part 3 (see Division 3 of Part 9). (Total entitlements relating to amounts determined under Part 4 are not reviewable.)

Determination not legislative instrument

             (5)  A determination under this section is not a legislative instrument.



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