Document ID: chunk:federal_register_of_legislation:C2005A00159:clause:1_3
Version: federal_register_of_legislation:C2005A00159
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 3417–5652

3  At the end of Subdivision 33‑C
Add:

33‑37  Adjustments for breach of section 19‑37

 (1) A higher education provider's *basic grant amount for the grant year is reduced by an adjustment in respect of the grant year if, on one or more occasions during the grant year, the provider breaches a condition imposed under section 19‑37.

 (2) The adjustment under subsection (1) is an amount worked out using the formula:
where:

reduction amount is $100.

Note: The reduction amount is indexed under Part 5‑6.

total places allocated is the total number of Commonwealth supported places allocated under section 30‑10 to the higher education provider for the grant year.

 (3) This section does not apply in relation to a breach of a condition imposed under section 19‑37 by a higher education provider if:
 (a) the breach consists of requiring a person to pay money to the provider or another entity; and
 (b) as a result of the requirement, the person paid money to the provider or other entity; and
 (c) the Minister has given a written notice to the provider under subsection (4); and
 (d) the provider or other entity repays the money to the person within 28 days after the Minister gave the notice to the provider.

 (4) If the Minister becomes aware that:
 (a) a higher education provider has breached a condition imposed under section 19‑37; and
 (b) the breach consists of requiring a person to pay money to the provider or another entity;
the Minister must give to the provider a written notice:
 (c) requiring repayment, within 28 days after the notice is given, of any money paid to the provider or any other entity as a result of the requirement; and
 (d) stating that failure to repay any such money within that period will result in a reduction under this section of the provider's *basic grant amount for the grant year in question.
The notice may relate to more than one breach.

 (5) A failure by the Minister to give a notice under subsection (4) in relation to a breach of a condition imposed under section 19‑37 does not prevent this section from applying in relation to the breach.

 (6) This section does not apply more than once in relation to a higher education provider's *basic grant amount for a grant year.