Part 8Non-compliance with conditions

Part 8: Non-compliance with conditions

8.1 If the Secretary or a delegate of the Secretary notifies a funding recipient in writing that the Secretary is satisfied that the funding recipient has, in relation to a Roads to Recovery payment, failed to comply with the Act or to fulfil any of the conditions in this Determination, the funding recipient must repay to the Commonwealth an amount equal to so much of the payment as the Secretary or delegate specifies in the notice.

8.2 Clause 8.1 does not apply in relation to a failure to fulfil a condition during a period when the funding recipient was exempt from the condition.

Note: The Minister has the power under section 91 of the Act to exempt a funding recipient from a condition and, if considered appropriate, to impose a replacement condition on the funding recipient.

8.3 If the Secretary or a delegate of the Secretary notifies a funding recipient in writing that the Secretary is satisfied that the funding recipient has, in relation to a Roads to Recovery payment, failed to fulfil any replacement condition that the funding recipient was required to fulfil, the funding recipient must repay to the Commonwealth an amount equal to so much of the payment as the Secretary or delegate specifies in the notice.