Document ID: chunk:federal_register_of_legislation:F2014L01359:body:0:p9
Version: federal_register_of_legislation:F2014L01359
Segment Type: other
Provision Reference: 
Character Range: 20214–23000

year.
              Note: The Minister has the power under section 91 of the Act to exempt a funding recipient from a condition and, if considered appropriate, to impose a replacement condition on the funding recipient.
6.5 If the funding recipient was exempt from a condition in this Determination during the financial year, the report referred to in clause 6.3 must:
            (a) identify the condition from which the funding recipient was exempt;
            (b) set out any replacement condition that the funding recipient was required to fulfil during the financial year; and
            (c) state whether the funding recipient fulfilled the replacement condition.

Part 7: Other accountability requirements
7.1 A funding recipient must create and keep accurate and comprehensive records relating to Roads to Recovery payments it has received after 1 July 2014 and retain those records for a minimum of seven years.
        7.2 A funding recipient must allow Australian Public Service employees or persons nominated by the Commonwealth to inspect, on request:
(a) work on projects being undertaken by the funding recipient which are funded by Roads to Recovery payments; and
(b) any or all of the records referred to in clause 7.1.
7.3 A funding recipient must, when requested to do so by the Department, provide, in the manner and form requested by the Department:
(a) copies of any or all of the records referred to in clause 7.1; and
(b) photographs of projects completed using Roads to Recovery payments.

Part 8: Non-compliance with conditions
8.1 If the Secretary or a delegate of the Secretary notifies a funding recipient in writing that the Secretary is satisfied that the funding recipient has, in relation to a Roads to Recovery payment, failed to comply with the Act or to fulfil any of the conditions in this Determination, the funding recipient must repay to the Commonwealth an amount equal to so much of the payment as the Secretary or delegate specifies in the notice.
8.2 Clause 8.1 does not apply in relation to a failure to fulfil a condition during a period when the funding recipient was exempt from the condition.
              Note: The Minister has the power under section 91 of the Act to exempt a funding recipient from a condition and, if considered appropriate, to impose a replacement condition on the funding recipient.
8.3 If the Secretary or a delegate of the Secretary notifies a funding recipient in writing that the Secretary is satisfied that the funding recipient has, in relation to a Roads to Recovery payment, failed to fulfil any replacement condition that the funding recipient was required to fulfil, the funding recipient must repay to the Commonwealth an amount equal to so much of the payment as the Secretary or delegate specifies