Document ID: chunk:federal_register_of_legislation:C2024C00865:section:109
Version: federal_register_of_legislation:C2024C00865
Segment Type: section
Provision Reference: s 109
Character Range: 127672–130270

109  Application of Division when amounts are required to be repaid

Overpayments under this Act
 (1) This Division applies to a State or Territory if the Minister is satisfied that the Commonwealth has made an overpayment under this Act to the State or Territory.
Note: Overpayment is defined in section 9.

Recoverable payments under this Act
 (2) This Division applies to a State or Territory if the Minister is satisfied that the Commonwealth has made a recoverable payment under this Act to the State or Territory.
Note: For other rules relating to recoverable payments, see Division 3.

Unpaid amounts under other Acts
 (3) This Division applies to a State or Territory if the Minister is satisfied that:
 (a) any of the following applies:
 (i) the State or Territory has been paid an amount under section 11 of the Federal Financial Relations Act 2009 in excess of the amount that it was entitled to receive under that section;
 (ii) an approved authority or block grant authority for one or more schools located in the State or Territory, or the State or Territory, has been paid an amount under the Schools Assistance Act 2008 in excess of the amount that it was entitled to receive under that Act or a funding agreement under that Act;
 (iii) an approved authority or block grant authority for one or more schools located in the State or Territory, or the State or Territory, has been paid an amount under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 in excess of the amount that it was entitled to receive under that Act or a section 30 agreement (within the meaning of that Act);
 (iv) an approved authority for one or more schools located in the State or Territory, or the State or Territory, has been paid an amount under the States Grants (Primary and Secondary Education Assistance) Act 2000 in excess of the amount that it was entitled to receive under that Act or a section 18 agreement (within the meaning of that Act); and
 (b) the whole or a part of the amount has not been repaid.

Recovering capital funding
 (4) This Division applies to a State or Territory if the Minister is satisfied that:
 (a) an amount of financial assistance has been paid to the State or Territory under Division 2 of Part 5 (capital funding) for a block grant authority or capital grants authority for a school; and
 (b) the amount has been spent as capital expenditure in relation to the school; and
 (c) the school has ceased to provide primary education or secondary education; and
 (d) the regulations prescribe that the amount is recoverable.