43Reductions for false or misleading statements

43 Reductions for false or misleading statements

(1) If:

(a) a statement made to the Minister under this Act, under the former Act or under an agreement under that Act by the approved authority of a non‑systemic school, or of an approved school system, is false or misleading in a material particular; and

(b) in reliance on the statement, a payment has been made to a State under a provision of this Act in respect of the school or the approved school system, as the case may be, of an amount that, in the opinion of the Minister, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular;

the Minister may, by determination in writing, reduce any amount payable to the State under this Act in respect of the school or the approved school system, as the case may be, in a particular program year or during 2 or more program years, by the amount of that excess. (1A) If:

(a) a statement made to the Minister under this Act by the nominated authority of an aggregation of non‑systemic schools is false or misleading in a material particular; and

(b) in reliance on the statement, a payment has been made to a State under a provision of this Act in respect of the aggregation of an amount that, in the Minister’s opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular;

the Minister may reduce any amount payable to the State under this Act in respect of the aggregation, in a particular program year or during 2 or more program years, by the amount of that excess. (1B) The reduction is to be made by determination in writing. (2) If:

(a) a statement made to the Minister under this Act, under the former Act or under an agreement under that Act by the approved authority of a non‑systemic school, or of an approved school system, is false or misleading in a material particular; and

(b) as a result of the statement, the school or the system obtains a higher funding level for the purpose of meeting recurrent expenditure than, in the Minister’s opinion, the school may have obtained if the statement had not been made;

the Minister may, by determination in writing, vary the list by specifying a different funding level of the school or the system. (3) A determination under this section may be expressed to take effect from a day before the day on which the determination was made.