Document ID: chunk:federal_register_of_legislation:C2018C00235:section:8
Version: federal_register_of_legislation:C2018C00235
Segment Type: section
Provision Reference: s 8
Character Range: 7441–8823

8  Payments to be subject to conditions
 (1) In this section and sections 9 and 10:
authorised person means:
 (a) in relation to an agreement under section 5—the Minister or an authorised officer; and
 (b) in relation to an agreement under section 6—an authorised officer.
payee, in relation to an agreement, means the party to which amounts are payable by the Commonwealth under the agreement.
payment includes an advance.
 (2) In addition to any conditions provided for in an agreement, a payment by the Commonwealth under the agreement is subject to the following conditions.
 (3) If an authorised person informs the payee that the authorised person is satisfied that:
 (a) the payee has not fulfilled a condition to which the agreement is subject; or
 (b) a project or any part of a project has not been undertaken in accordance with the agreement;
the payee must repay to the Commonwealth the whole, or such part as the Minister specifies, of the payment.
 (4) On demand by an authorised person, the payee must repay to the Commonwealth the amount by which, at the time of the demand, the total of the payments made to the payee under this Act exceeds the total of the amounts that have become payable to the payee under this Act.
 (5) The authorised person may deduct any amount repayable by the payee from any amount payable by the Commonwealth to the payee under this Act.