165False or misleading statements—reduction of payments

#### 165 False or misleading statements—reduction of payments Scope (1) This section applies if: (a) a person made a statement relating to the grant of financial assistance for a non‑government body for the purposes of: (i) an Education Assistance Act; or (ii) an agreement made as mentioned in an Education Assistance Act; and (b) the statement was made to: (i) the Minister (the Education Assistance Minister) administering that Act; or (ii) the Secretary of the Department administered by the Education Assistance Minister; or (iii) an APS employee in the Department administered by the Education Assistance Minister; or (iv) a block grant authority or a person employed by or acting on behalf of, a block grant authority, for the purposes of that Act; and (c) the statement was false or misleading in a material particular; and (d) relying on the statement, a payment has been made under this Act to a State, for a non‑government body (including a block grant authority or a nominated authority), of an amount that, in the Minister’s opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular. Reducing amounts payable for the non‑government body (2) The Minister may make a determination reducing any amount payable to the State under this Act for the non‑government body (as appropriate), in one or more program years, by the amount of the excess. (3) A determination under this section may commence from a day before the day on which the determination is made.