29Additional conditions of grants under Part

29 Additional conditions of grants under Part

(1) Financial assistance is granted to a State under a provision of this Part in respect of a program year on the additional conditions that:

(a) if the State does not fulfil a condition specified in that provision with respect to the grant, the State will, if the Minister so determines, repay to the Commonwealth an 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) if a block grant authority or the approved authority of an approved school system, of a school, of a non‑government centre or of a rural non‑government student hostel in the State does not fulfil an obligation under an agreement between the authority and the Commonwealth made for the purposes of a section in this Part, the Minister may delay the making of any further payment to the State in respect of the authority under this Act until the authority fulfils that obligation.

(2) Nothing in this section authorises the recovery by the Commonwealth, in respect of financial assistance granted to a State under a provision of this Part, of any amount from that State under that provision or of any amount under an agreement entered into for the purpose of that provision, if the aggregate of that amount and:

(a) any amount previously recovered from that State under that provision; and

(b) any amount previously recovered under such an agreement;

would exceed the amount of that financial assistance. (3) Where:

(a) financial assistance:

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

(ii) is granted to a State under a provision of this Part for non‑government schools, non‑government centres or rural non‑government student hostels; and

(b) under a condition of that grant that corresponds with 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.