40HConditions of award restructuring assistance

40H Conditions of award restructuring assistance

(1) Award restructuring assistance is granted to a State for government schools for a program year on the condition that the State has entered into an agreement with the Commonwealth in respect of that year, or for a number of years including that year, being an agreement of a kind determined by the Minister. (2) Award restructuring assistance is granted to a State for government schools for a program year:

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

(b) on the conditions that, if the State does not fulfil a condition set out in the agreement:

(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for that year; and

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

(3) If the Minister has determined under subsection (2) that a State should repay an amount to the Commonwealth, and part or all of the amount remains unpaid, the Minister may reduce the amount payable under this Act to the State for government schools for a program year by an amount not greater than the amount that remains unpaid. (4) Award restructuring assistance is granted to a State for the approved authority of an approved school system or the approved authority of a non‑systemic school for a program year on the conditions that:

(a) the State will pay the approved authority of the system or school an amount equal to each amount of award restructuring assistance paid to the State for the authority for that year, and, when making the payment, will identify it as a payment out of the award restructuring assistance granted to the State under this Act; and

(b) the State will not pay any award restructuring assistance to the approved authority for a program year unless the authority has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister.

(5) Award restructuring assistance is granted to a State for an approved authority for a program year on the additional conditions that:

(a) if the State does not fulfil a condition specified in an agreement entered into for the purposes of subsection (4) within the time (if any) specified for fulfilling the condition, the State will, if the Minister so determines, repay the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for the authority for the year; and

(b) if the approved authority does not fulfil a condition of the agreement, the Minister may delay making any further payment of award restructuring assistance to the State for the authority until the authority fulfils the condition.