42Additional conditions etc.

42 Additional conditions etc.

(1) In addition to the conditions specified in any other provision of this Act, financial assistance is granted to a State under this Act in respect of a year to which this Act applies on the conditions that:

(a) if the Minister informs the State that he is satisfied that the State has failed to fulfil a condition applicable to that financial assistance, the State will pay an amount equal to the amount of the financial assistance or to such part of the amount of the financial assistance as the Minister specifies, to the Commonwealth; and

(b) if the amount of the financial assistance paid to the State under a provision of this Act exceeds the amount of that financial assistance that is properly payable to the State under that provision, the State will pay an amount equal to the excess to the Commonwealth.

(2) Where the Minister is satisfied, on the basis of information contained in a relevant certificate furnished to the Commission in compliance with the conditions attaching to a grant of financial assistance in relation to a university or to a college of advanced education in respect of the year 1981, 1982 or 1983, that the prescribed staff of that university or of that college, as the case requires, comprising a category or class of persons in respect of which the Academic Salaries Tribunal had recommended a rate of salary or a scale of rates of salary applicable to that year or a part of that year, have been paid, in respect of, or of a part of, that year or that part of that year, salary at a rate, or in accordance with a scale of rates, in excess of the rate or scale of rates so recommended, he may direct that this Act shall have effect as if the amount specified in Schedule 1 in relation to that university and to the year next following that year or in Part I of Schedule 8 in relation to that college and to the year next following that year, as the case requires, were reduced by an amount specified by him, and, where he gives such a direction, there shall be deemed to have been specified in that Schedule or that Part (as from the commencing day) in substitution for the amount specified in that Schedule or that Part, that amount as so reduced. (3) The Minister shall not, upon being satisfied of the matter referred to in subsection (2) in relation to the payment of salary to prescribed staff of a university or college of advanced education in respect of a year or a part of a year, give a direction under that subsection by virtue of which an amount specified in relation to that university or college is reduced by an amount that exceeds the aggregate of the amounts by which the salary paid to that prescribed staff in respect of that year or that part of that year exceeds the salary that would have been paid to that prescribed staff in respect of that year or that part of that year if salary had been paid at the rate or scale of rates recommended by the Academic Salaries Tribunal. (4) In subsection (2), a reference to a relevant certificate furnished to the Commission in compliance with the conditions attaching to a grant of financial assistance shall be read as a reference: