35Grants for recurrent expenditure for the education of children residing in residential institutions

35 Grants for recurrent expenditure for the education of children residing in residential institutions

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure in connection with the education of children residing in residential institutions in the State in respect of a program year of an amount not exceeding the amount set out opposite to the name of the State in the column of Schedule 14 that relates to that year. (2) The Minister shall not authorise a payment to a State under this section in respect of a program year unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section. (3) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

(i) 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 this section in respect of that year) as the Minister specifies in the determination; and

(ii) the Minister may delay the making of any further payment to the State under this section until the State fulfils that condition.