Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_14:p1
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 1/14)
Character Range: 248972–251545

14                                              2017 and each later year  The amount determined by the Minister under subsection (3) in respect of that year

 (2) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2013 but before 1 January 2017.
 (3) The Minister must, by legislative instrument, determine the total payments made under this Part in respect of a year starting on or after 1 January 2017.
 (4) A determination under subsection (3) for a year must be made before the start of that year.
 (5) The Minister may, in writing, vary a determination under subsection (2) or (3) for a year at any time before the end of that year.

Part 2‑5—Reduction and repayment of grants

Division 51—Introduction

51‑1  What this Part is about
      Bodies may have their grants reduced, or be required to repay a grant, for breaches of conditions of grants under Part 2‑2, 2‑2A, 2‑3 or 2‑4.
Note: This Part does not apply to Table C providers: see section 5‑1.

Division 54—In what circumstances may a grant be reduced or required to be repaid?

54‑1  Decision as to reduction or repayment of a grant
 (1) The Minister may determine:
 (a) that an amount of a grant made, or to be made, to a body under Part 2‑2, 2‑2A, 2‑3 or 2‑4 is to be reduced; or
 (b) that an amount of a grant made to a body under Part 2‑2, 2‑2A, 2‑3 or 2‑4 is to be repaid to the Commonwealth.
 (2) The Minister may make a determination under subsection (1) if:
 (a) the body breaches a condition of a grant made to the body under Part 2‑2, 2‑2A, 2‑3 or 2‑4, whether or not that grant is the grant to be reduced or repaid; and
 (b) the Minister is satisfied that it is appropriate to take that action (see section 54‑5); and
 (c) the Minister complies with the requirements of Division 60.

54‑5  Appropriateness of requiring reduction or repayment of grant
  Without limiting the matters that the Minister may consider in deciding whether it is appropriate under subsection 54‑1(1) to take particular action, the Minister may consider any or all of the following matters:
 (a) whether the breach is of a minor or major nature;
 (b) whether the breach has occurred before and, if so, how often;
 (ba) if the breach is a breach of a condition imposed under section 19‑37—the amount of any adjustment under section 33‑37 in relation to that breach, or any other breach by the body, during the same year;
 (c) if the body is a higher education provider—the impact that the breach may have on the body's students;