22Payment reduced for false or misleading statement

22 Payment reduced for false or misleading statement

(1) If: (a) a person made a statement for the purposes of this Act or an agreement made under this Act about a grant of financial assistance; and (b) the statement was made to: (i) the Minister; or (ii) the Secretary; or (iii) an APS employee in the Department; 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 or to an ATC 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 by the amount of the excess any amount payable under this Act to the State or the ATC authority. (2) A determination under this section may take effect from a day before the day on which the determination was made.