110Actions the Minister may take

110 Actions the Minister may take

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