30Variations of amounts in Schedule 12

30 Variations of amounts in Schedule 12

(1) At any time, and from time to time, during a year to which this Part applies, but subject to this section, the Minister may, at the request of a State, direct that this Act has effect as if the amounts specified in relation to the State in Columns 2 and 3 of whichever of Parts I, III and V of Schedule 12 relates to that year, were varied in accordance with that direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Part of that Schedule (as from the commencing day in respect of that year), in substitution for those amounts, the amounts as so varied. (2) At any time, and from time to time, during a year to which this Part applies, but subject to this section, the Commission may, at the request of a State, direct that this Act has effect as if the amounts specified in relation to the State in Columns 2 and 3 of whichever of Parts I, III and V of Schedule 12 relates to that year, were varied in accordance with the direction, and where the Commission gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Part of that Schedule (as from the commencing day in respect of that year), in substitution for those amounts, the amounts as so varied. (3) The Commission shall not give a direction under subsection (2):

(a) that would have the effect of varying the amounts specified in relation to a State in Columns 2 and 3 of Part I, Part III or Part V of Schedule 12 if those amounts have previously been varied in accordance with a direction given under subsection (1); or

(b) that would have the effect of varying an amount specified in relation to a State in Column 2 or 3 of Part I, Part III or Part V of Schedule 12 to an amount that is greater or less, by more than $300,000, than the amount that is specified, or the amount that would, but for any direction or directions previously given under this section, be the amount specified, in that column of that Part.

(4) A direction shall not be given under subsection (1) or (2) in relation to a State:

(a) that would have the effect of varying amounts in Part I, Part III or Part V of Schedule 12 in such a way that, after the variation, the aggregate of the amounts specified in relation to the State in Columns 2 and 3 of that Part is greater or less than the amount specified in relation to that State in Column 4 of that Part of that Schedule; or

(b) that would result in a State becoming liable to repay an amount to the Commonwealth under this Act.

(5) In this section, a reference to the commencing day in respect of a year shall be read as a reference: