14Terms and conditions

#### 14 Terms and conditions (1) The terms and conditions: (a) on which money may be payable by the Commonwealth to a person under an arrangement made under section 13; or (b) on which a grant of financial assistance is made to a person under section 13; are the following: (c) the statutory funding conditions; (d) any other terms and conditions set out in a written agreement (the funding agreement) between the Commonwealth and the person. > Note: For the statutory funding conditions, see section 15. (2) The person must comply with the statutory funding conditions and the terms and conditions set out in the funding agreement. Terms and conditions in funding agreement (3) The terms and conditions set out in the funding agreement: (a) must provide for the circumstances in which the person must repay amounts to the Commonwealth; and (b) may deal with matters covered by the statutory funding conditions; and (c) may deal with the consequences for a breach of a term or condition of the funding agreement; and (d) may contain obligations to provide information or reports to the Secretary in relation to the following: (i) alleged breaches, or actual breaches, of the code of conduct by the person; (ii) action taken in response to those alleged or actual breaches. > Note 1: An amount repayable to the Commonwealth would be a debt due to the Commonwealth. > Note 2: The code of conduct under section 20 may deal with when a person breaches the code of conduct because of an act, or an omission to perform an act, by a member of the key personnel of the person or by another person who is employed, or otherwise engaged, by the person. (4) Subsections (3) and (6) do not limit the terms and conditions that may be set out in a funding agreement. (5) However, a term or condition of a kind mentioned in paragraph (3)(b) set out in a funding agreement is of no effect to the extent of any inconsistency with the statutory funding conditions. Breach of statutory funding conditions (6) If the Minister is satisfied that a person: (a) to whom money may be payable under an arrangement made under section 13; or (b) who receives a grant of financial assistance made under section 13; has breached a statutory funding condition, the Minister may, on behalf of the Commonwealth, take one or more of the following actions: (c) terminate the funding agreement made under this Act with the person in relation to the arrangement or grant; (d) vary the funding agreement made under this Act with the person in relation to the arrangement or grant, including by imposing terms and conditions and by reducing the amount of money to be paid; (e) terminate the arrangement or grant; (f) vary the arrangement or grant; (g) publish information about the breach on a website maintained by the Department. Minister may enter into funding agreement (7) The Minister may, on behalf of the Commonwealth, enter into a funding agreement. Protection from civil proceedings (8) The Commonwealth, the Minister or a delegate of the Minister is not liable to any action, suit or other civil proceeding for or in relation to the publication, in good faith, of information under paragraph (6)(g).