Commonwealth Numbered Acts Commonwealth Numbered 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
(b) for an approved authority for a school 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.
Regulations
(3) The regulations may prescribe a limit, or a method of determining a limit, on an amount determined under paragraph (1)(a) or (b).
Minister to have regard to relevant arrangement
(4) In taking an action under subsection (1) in relation to a State or Territory, the Minister must have regard to any relevant arrangement of the State or Territory (in its capacity as an approved authority for government schools).
Determination not legislative instrument
(5) A determination under this section is not a legislative instrument.