43Amount repayable on breach of condition

#### 43 Amount repayable on breach of condition (1) If the Minister notifies the funding recipient in writing that the Minister is satisfied that the funding recipient has failed to fulfil any condition that applies to the funding payment (whether that condition is specified in this Subdivision, in a funding agreement or in a determination under Subdivision C), then the funding recipient must repay to the Commonwealth an amount equal to so much of the funding payment as the Minister specifies in the notice. (2) The Minister may, by notice in writing, vary or revoke a notice given under subsection (1). (3) If there is a funding agreement with the funding recipient, the powers given to the Minister by subsections (1) and (2) must be exercised in accordance with any relevant provisions of the funding agreement. (4) A notice under subsection (1), or an instrument varying or revoking such a notice, is not a legislative instrument.