166False or misleading statements—variation of SES score

#### 166 False or misleading statements—variation of SES score 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; and (c) the statement was false or misleading in a material particular; and (d) as a result of the statement, a non‑government school: (i) obtains a higher funding level for the purposes of meeting recurrent expenditure than, in the Minister’s opinion, the school may have obtained if the statement had not been made; or (ii) obtains a larger amount under Division 8 (remoteness loading) of Part 4 than, in the Minister’s opinion, the school may have obtained if the statement had not been made. Variation of SES score for the school (2) The Minister may make a determination under section 75 varying the SES score for the school. (3) A determination mentioned in subsection (2) may be stated to apply for a program year before the program year in which the determination is made.