15Authorised financial assistance—financial viability

15 Authorised financial assistance—financial viability

(1) The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non‑government body (including a non‑government school), or the relevant authority of such a body, if: (a) either (or both) of the following applies: (i) the body or authority is a body corporate that is being wound up; (ii) the affairs of the body or authority are under any form of external control (for example, the control of a manager) under a law of the Commonwealth or a State; or (b) the Minister considers that: (i) the liabilities of the body or authority are greater than its assets; or (ii) the body or authority is (and is likely to continue for a substantial period to be) unable to pay its debts as and when they fall due for payment; or (c) a law of the Commonwealth or a State requires the body or authority to be audited, and the Minister determines that this paragraph applies because the relevant audit: (i) is expressed to be qualified; or (ii) expresses concern about the financial viability of the body or authority. (2) A determination made under paragraph (1)(c) is not a legislative instrument, but is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901.

Note: Section 46B of the Acts Interpretation Act 1901 was repealed by the Acts and Instruments (Framework Reform) Act 2015. Item 179 of Schedule 1 to that Act includes certain saving and transitional provisions for section 46B.