13Allocation of funds by the Authority

##### 13 Allocation of funds by the Authority (1) In this section, available funds, in respect of a year, means the total of: (a) money payable to the Authority in respect of that year under Part 3 of the Vocational Education and Training Funding Act 1992; and (b) money payable to the Authority in respect of that year under section 11 for allocation for the purposes of national programs; and (c) money paid to the Authority by States in respect of that year. (2) The Authority must allocate the available funds in respect of each year: (a) for payment to States for expenditure by those States on vocational education and training (including expenditure by way of national programs or national projects); or (b) for payment, otherwise than to States, for expenditure on national programs or national projects. (3) The Authority may make more than one allocation in respect of the same year, but the total of the funds so allocated must not exceed the available funds in respect of the year. (4) The Authority may vary an allocation at any time. (5) Subject to subsection (7), the Authority must make allocations, and exercise its power of variation, under this section in accordance with the national allocation principles. (6) The national allocation principles may include provisions relating to the allocation of funds for expenditure by the Authority, the Commonwealth, States, persons, organisations or bodies on national projects or national programs. (7) The Ministerial Council may direct that part of the VET funding available for allocation by the Authority in respect of a year be allocated by the Authority for expenditure of a capital nature. (8) Where: (a) a direction has been given under subsection (7); or (b) money is appropriated (otherwise than under the Vocational Education and Training Funding Act 1992) for payment to the Authority for the purposes of a national program; the Authority must ensure that its allocation of funds gives effect to the direction or appropriation, as the case may be. (9) This section has effect subject to sections 14, 14A and 14AA.