41Powers of Minister if amounts of grants become repayable

41 Powers of Minister if amounts of grants become repayable

(1) This section applies if: (a) financial assistance: (i) is granted to a State under a provision of this Act; or (ii) was granted to a State under a provision of the former Act that corresponds to a provision of this Act; and (b) under a condition of the grant the Minister or the relevant Minister (as appropriate) has determined that the State is to repay an amount to the Commonwealth; and (c) an amount (the amount repayable) that is all or a part of the amount mentioned in paragraph (b) remains unpaid. (2) The Minister may make a determination reducing an amount that is authorised to be paid to the State under any provision of this Act in a program year by an amount not more than the amount repayable. (3) The Minister may make a determination under a provision of this Act increasing the maximum amount that may be paid to the States for any purpose under that provision in any program year by an amount or amounts totalling not more than the amount of any reduction under subsection (2). (4) It does not matter whether the reduction was made in relation to the same provision as the provision mentioned in subsection (3), or a different provision.