40Additional condition to which grants of financial assistance under Part subject etc.

40 Additional condition to which grants of financial assistance under Part subject etc.

(1) Financial assistance granted to a State under a section contained in this Part is granted on the additional condition that if the State does not fulfil a condition specified in the section under which the financial assistance is granted, the State will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the sum of the amounts of financial assistance paid to the State under that section in respect of the non‑government school, approved school system, non‑government centre or prescribed authority) as the Minister specifies in the determination as the amount that should be repaid by the State. (2) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth, in respect of financial assistance granted to a State under a section contained in this Part, of any amount from that State or of any amount under an agreement entered into for the purpose of a condition specified in that section in respect of that financial assistance, if the aggregate of that amount and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered into in relation to that financial assistance would exceed, in the aggregate, the amount of that financial assistance. (3) In subsection (1), prescribed authority has the same meaning as it has in section 34.