40Limit on recovery

40 Limit on recovery

Nothing in this Part 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.