36Grants for programs for children with severe disabilities

36 Grants for programs for children with severe disabilities

(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 expenditure on programs for or in connection with the education of children with severe disabilities carried out by or in the State, for the program years 1989 and 1990, of an amount not exceeding the amount set out opposite to the name of the State in column 7 of the part of Schedule 5 that relates to the year concerned. (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.