38Grants for expenditure of approved education centres

38 Grants for expenditure of approved education centres

(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 in respect of a program year in respect of an approved education centre in the State of such amounts as the Minister determines. (2) The Minister shall not authorise payments to the States under subsection (1) in respect of a program year that exceed, in the aggregate, the amount specified in column 2 of Schedule 15 opposite to that year. (3) Financial assistance is granted to a State under this section in respect of a program year:

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the governing body of the approved education centre an amount equal to each amount paid to the State under this section in respect of that centre and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

(b) on the condition that the State will not make a payment to the governing body under this section in respect of that year unless the governing body has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year, or in respect of a number of years including that year; and

(c) on the condition that, if the State does not fulfil a condition specified in this subsection with respect to that grant:

(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) if the governing body does not fulfil an obligation under the agreement, the Minister may delay the making of any further payment to the State in respect of the approved education centre under this section until the governing body fulfils that obligation.