51Cessation and repayment of financial assistance—breach of terms of conditions of funding agreement

#### 51 Cessation and repayment of financial assistance—breach of terms of conditions of funding agreement Cessation of financial assistance (1) Financial assistance to an organisation under a funding agreement is not payable at a time after a decision is made under subsection 50(1), (4) or (5) to terminate the funding agreement or the funding approval concerned. Repayment of financial assistance (2) If the CEO makes a decision under paragraph 50(1)(a) to terminate a funding agreement covering an organisation, the CEO may give the organisation a notice in writing: (a) requiring the organisation to pay a specified amount to the Commonwealth that is equal to the whole or a part of the financial assistance already paid to the organisation under the agreement; and (b) specifying the period within which the organisation must pay that specified amount, which must be a period of at least 28 days starting on the day on which the notice is given. (3) If the Board or the Minister makes a decision under subsection 50(4) or (5) to terminate a funding approval for an organisation, the Board or Minister (as the case requires) may give the organisation a notice in writing: (a) requiring the organisation to pay a specified amount to the Commonwealth that is equal to the whole or a part of the financial assistance already paid to the organisation under the funding agreement relating to the approval; and (b) specifying the period within which the organisation must pay that specified amount, which must be a period of at least 28 days starting on the day on which the notice is given. (4) Without limiting the matters that the CEO, Board or Minister may consider in deciding whether it is appropriate to give a notice under subsection (2) or (3), the CEO, Board or Minister may consider any or all of the following matters: (a) the nature of the breach of the term or condition; (b) the impact of the breach on the research provided by the organisation and on the organisation’s research partners or reputation; (c) the impact of the breach on Australia’s reputation as a provider of high quality research; (d) the nature of any other breaches by the organisation of terms or conditions of the funding agreement in the last 12 months. Debt (5) If an amount payable by the organisation under subsection (2) or (3) remains unpaid at the end of the period specified in the notice under that subsection, the amount: (a) is a debt due to the Commonwealth; and (b) may be recovered by the CEO, on behalf of the Commonwealth, by action in a court of competent jurisdiction. Set‑off (6) The CEO may, on behalf of the Commonwealth, set off the whole or a part of the amount payable to the Commonwealth under subsection (2) or (3) against a later payment of financial assistance to the organisation under this Division in relation to another funding approval. (7) The debt under subsection (5) is reduced by the amount of the set‑off.