Commonwealth Numbered Acts

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AUSTRALIAN EDUCATION ACT 2013 (NO. 67, 2013) - SECT 9

Definition of overpayment

Participating schools

             (1)  A payment is an overpayment under this Act if:

                     (a)  the Commonwealth makes the payment to a State or Territory for a participating school for a year as a result of a determination made under paragraph 25(1)(a); and

                     (b)  the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the school's total entitlement for the year.

Note:          Total entitlement is defined in section 12.

Approved authorities during transition period

             (2)  A payment is an overpayment under this Act if:

                     (a)  the Commonwealth makes the payment to a State or Territory for an approved authority for a year as a result of a determination made under paragraph 25(1)(b); and

                     (b)  the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the authority for the year, exceeds the authority's total entitlement for the year.

Non-participating schools

             (3)  A payment is an overpayment under this Act if:

                     (a)  the Commonwealth makes the payment to a State or Territory for non-participating schools for a year as a result of a determination made under paragraph 25(1)(c); and

                     (b)  the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for non-participating schools for the year, exceeds the total entitlement for those non-participating schools for the year.

Capital funding

             (4)  A payment is an overpayment under this Act if:

                     (a)  the Commonwealth makes the payment to a State or Territory for a year for a capital grants authority or block grant authority for a school as a result of a determination made under paragraph 28(1)(a) or (b); and

                     (b)  the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the year for that authority and school, exceeds the amount determined under section 67 for the year for that authority and school.

             (5)  A payment is an overpayment under this Act if:

                     (a)  the Commonwealth makes the payment to a State or Territory for a year for a block grant authority for a school as a result of a determination made under paragraph 28(1)(b); and

                     (b)  the total of the amount of the payment, and any previous payments made, as a result of that or any other determination made under that paragraph, to any State or Territory for the year for a block grant authority, exceeds the amount worked out for the year under section 68.

Special circumstances funding

             (6)  A payment is an overpayment under this Act if:

                     (a)  the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under section 29; and

                     (b)  the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the amount determined for the school for the year under section 69.

Funding for non-government representative body

             (7)  A payment is an overpayment under this Act if:

                     (a)  the Commonwealth makes the payment to a State or Territory for a non-government representative body for a non-government school as a result of a determination made under section 30; and

                     (b)  the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the body for the year, exceeds the amount determined for the body for the year under section 70.



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