22Certifying that payments duly spent or committed

#### 22 Certifying that payments duly spent or committed (1) The agreement must include: (a) a condition that the State that is a party to the agreement give to the Secretary of the Department a certificate: (i) made by a qualified accountant; and (ii) specifying whether the payments to the State have been spent (or committed to be spent) for the purposes specified in the agreement or the Skilling Australia’s Workforce Agreement; and (b) a condition that, if not all the payments were spent (or committed to be spent) by the State for the purposes specified in the agreement or the Skilling Australia’s Workforce Agreement, the State will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination within a period determined by the Minister. (2) The amount stated in a determination made under paragraph (1)(b) must not be more than the sum of the unspent or uncommitted amounts. (3) A determination made under paragraph (1)(b) is not a legislative instrument.