Document ID: chunk:federal_register_of_legislation:C2004A00963:clause:1_14ga
Version: federal_register_of_legislation:C2004A00963
Segment Type: clause
Provision Reference: sch 1 cl 14GA
Character Range: 28484–30154

14GA  Declaration of failure to hold certificate

 (1) This section applies if:
 (a) at any time (the relevant time) an eligible organisation is receiving a grant of financial assistance in respect of the provision of an employment service; and
 (b) the relevant time is a time after the day determined by the Minister for the purposes of subparagraph 12AB(2)(b)(i) or 12AD(2)(b)(ii), as the case may be; and
 (c) where the organisation received a certificate of compliance in respect of the service before that day—the relevant time is a time on or after the day on which the certificate was received; and
 (d) at the relevant time the organisation does not hold a current certificate of compliance in respect of the service.

 (2) The Minister may make a declaration:
 (a) stating that the organisation does not hold a current certificate of compliance in respect of the service and, consequently, is in breach of the condition of the grant in paragraph 12AB(4)(b) or subsection 12AD(5), as the case may be; and
 (b) specifying the actions that will be taken as a result of a failure to comply with the condition.

 (3) The actions specified under paragraph (2)(b) may be either or both of the following:
 (a) all or any of the actions that, under the terms and conditions of the grant of financial assistance, may be taken as a result of the failure to comply with the condition specified under paragraph (2)(a);
 (b) action taken under section 14J.

 (4) Actions of a kind referred to in subsection (3) may only be taken if they are specified under paragraph (2)(b).

 (5) The Minister must provide a copy of the declaration to the eligible organisation concerned.