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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000 - SECT 110

Payment reduction for false or misleading statement

(1) If:

(a)
a person made a statement for the purposes of:

(i)
an Education Assistance Act; or
(ii)
an agreement made as mentioned in such an Act;
relating to the grant of financial assistance for schools, hostels or other bodies involved in primary education or secondary education; and

(b)
the statement was made to:

(i)
the Minister administering that Act; or
(ii)
the Secretary of the Department administering that Act; or
(iii)
a public service employee in the Department administering that Act; or
(iv)
a block grant authority for the purposes of that Act; or
(v)
a person employed by or acting on behalf of such an authority; and
(c)
the statement was false or misleading in a material particular; and

(d)
relying on the statement, a payment has been made under this Act to a State for the State or for a non-government body (including a block grant authority and a nominated authority) of an amount that, in the Minister's opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular;

the Minister may make a determination reducing any amount payable to the State under this Act for the State or the non-government body (as appropriate), in one or more program years, by the amount of the excess.

(2) If:

(a)
the approved authority of a non-systemic school, or of an approved school system, made a statement for the purposes of:

(i)
an Education Assistance Act; or
(ii)
the making of an agreement as mentioned in such an Act;
relating to the grant of financial assistance for schools or other bodies involved in primary education or secondary education; and

(b)
the statement was made to:

(i)
the Minister administering that Act; or
(ii)
the Secretary of the Department administering that Act; or
(iii)
a public service employee in the Department administering that Act; and
(c)
the statement was false or misleading in a material particular; and

(d)
as a result of the statement:

(i)
the school; or
(ii)
a school in the approved school system;
obtains a higher funding level for the purposes of meeting recurrent expenditure than, in the Minister's opinion, the school may have obtained if the statement had not been made;

the Minister may make a determination varying the list of non-government schools by setting out a different funding level of the school.

Note: The Minister may determine an SES funding level or a year 2000 funding level.

(3) A determination under this section may take effect from a day before the day on which the determination was made. (4) In this Act:

"Education Assistance Act" means this Act, the former Act or the 1992 Act.

"public service employee" means:

(a)
an APS employee; and

(b)
a person appointed or employed under the Public Service Act 1922 .

Note: APS employee is defined in the Acts Interpretation Act 1901 .

the 1992 Act means the States Grants (Schools Assistance) Act 1992 .


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