18Additional conditions of grants under Part

18 Additional conditions of grants under Part

(1) In addition to any conditions specified in an agreement under this Part, financial assistance is granted to a State under a provision of this Part in respect of a program year on the additional condition that, if the State does not fulfil a condition specified in such an agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

(a) the State will, if the Minister so determines, repay to the Commonwealth such amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision in respect of that year) as the Minister specifies in the determination; and

(b) the Minister may delay the making of any further payment to the State under that provision until the State fulfils that condition.

(2) Where:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act in connection with government schools; or

(ii) is granted to a State under a provision of this Part in connection with government schools or government schools and rural government student hostels;

(b) under a condition of that grant that corresponds to subsection (1), or under subsection (1), as the case may be, the Minister has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (in this subsection called the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may reduce an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.