sec.369AArrangements with funded entities

sec.369A Arrangements with funded entities

This section applies if— the Commonwealth Minister makes a determination under the Commonwealth Act , section 110 (1) (a) that the State must pay to the Commonwealth a specified amount; and the Commonwealth Minister makes the determination mentioned in paragraph (a) as a result of— non-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or a payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity. The purpose of this section is to provide for an arrangement between the State and the funded entity for the purposes of the Australian Education Regulation 2013 (Cwlth) , section 11 (2) . An arrangement is taken to be in place between the State and the funded entity providing that the amount mentioned in subsection (1) (a) — is a debt owing to the State by the funded entity; and may be recovered by the State from the funded entity as a debt. In this section— Commonwealth Act means the Australian Education Act 2013 (Cwlth) . Commonwealth Minister means the Minister of the Commonwealth administering the Commonwealth Act . funded entity means an authority or body mentioned in the Commonwealth Act , section 108 . s 369A ins 2016 No. 46 s 14 (sec.369A-ssec.1) This section applies if— the Commonwealth Minister makes a determination under the Commonwealth Act , section 110 (1) (a) that the State must pay to the Commonwealth a specified amount; and the Commonwealth Minister makes the determination mentioned in paragraph (a) as a result of— non-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or a payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity. (sec.369A-ssec.2) The purpose of this section is to provide for an arrangement between the State and the funded entity for the purposes of the Australian Education Regulation 2013 (Cwlth) , section 11 (2) . (sec.369A-ssec.3) An arrangement is taken to be in place between the State and the funded entity providing that the amount mentioned in subsection (1) (a) — is a debt owing to the State by the funded entity; and may be recovered by the State from the funded entity as a debt. (sec.369A-ssec.4) In this section— Commonwealth Act means the Australian Education Act 2013 (Cwlth) . Commonwealth Minister means the Minister of the Commonwealth administering the Commonwealth Act . funded entity means an authority or body mentioned in the Commonwealth Act , section 108 .

• (a) the Commonwealth Minister makes a determination under the Commonwealth Act , section 110 (1) (a) that the State must pay to the Commonwealth a specified amount; and
• (b) the Commonwealth Minister makes the determination mentioned in paragraph (a) as a result of— (i) non-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or (ii) a payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity.