12Recovery of payments

12 Recovery of payments

Notice requiring repayment of amount (1) If: (a) a payment is made to an education provider (the recipient), or to another person or body (also the recipient), under an agreement made under this Act; and (b) the agreement sets out one or more conditions on which the payment is made; and (c) one or more of those conditions is breached; the Minister may, by notice sent to the recipient, require the recipient to repay to the Commonwealth the amount (the recoverable amount) stated in the notice. Limit on amount stated in the notice (2) The recoverable amount cannot be more than the payment made to the recipient. Reduction in other payments (3) The Minister may, by determination in writing, reduce any other payment or payments authorised to be made under the agreement by an amount or amounts not more than the outstanding balance (if any) of the recoverable amount. Commonwealth may recover an amount as a debt (4) The Commonwealth may recover, as a debt in a court of competent jurisdiction: (a) the outstanding balance (if any) of the recoverable amount; less: (b) the total of any reductions to a payment or payments under subsection (3).