Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004
38Specific requirement—failure to comply with other requirements
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38 Specific requirement—failure to comply with other requirements
A section 30 agreement must contain a provision that, if the sum of the amounts mentioned in subsection 34(1) exceeds the total amount that was properly authorised to be paid to the State for the non‑government body: (a) the relevant authority will, if the Minister so determines, pay to the Commonwealth an amount equal to the excess; and (b) if the authority does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for the non‑government body by an amount or amounts not more than the excess.
Note: A determination mentioned in paragraph (b) is made under section 44.