131Payment reduction for false or misleading statement

131 Payment reduction for false or misleading statement

(1) This section applies if: (a) a person made a statement for the purposes of: (i) an Education Assistance Act; or (ii) an agreement made as mentioned in such an Act; relating to the grant of financial assistance for schools, hostels, approved government school community organisations or other bodies involved in primary education or secondary education; 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) a public service employee in the Department administered by the Education Assistance Minister; or (iv) a block grant authority for the purposes of that Act; or (v) a person employed by or acting on behalf of such an authority; 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 the State, for an approved government school community organisation or for a non‑government body (including a block grant authority and 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. (2) The Minister may make a determination reducing any amount payable to the State under this Act for the State, the approved government school community organisation or 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 take effect from a day before the day on which the determination was made.