Document ID: chunk:federal_register_of_legislation:C2016C00447:section:166
Version: federal_register_of_legislation:C2016C00447
Segment Type: section
Provision Reference: s 166
Character Range: 162886–164343

166  False or misleading statements—variation of SES score

Scope
 (1) This section applies if:
 (a) a person made a statement relating to the grant of financial assistance for a non‑government body for the purposes of:
 (i) an Education Assistance Act; or
 (ii) an agreement made as mentioned in an Education Assistance Act; and
 (b) the statement was made to:
 (i) the Minister (the Education Assistance Minister) administering that Act; or
 (ii) the Secretary of the Department administered by the Education Assistance Minister; or
 (iii) an APS employee in the Department administered by the Education Assistance Minister; and
 (c) the statement was false or misleading in a material particular; and
 (d) as a result of the statement, a non‑government school:
 (i) obtains a higher funding level for the purposes of meeting recurrent expenditure than, in the Minister's opinion, the school may have obtained if the statement had not been made; or
 (ii) obtains a larger amount under Division 8 (remoteness loading) of Part 4 than, in the Minister's opinion, the school may have obtained if the statement had not been made.

Variation of SES score for the school
 (2) The Minister may make a determination under section 75 varying the SES score for the school.
 (3) A determination mentioned in subsection (2) may be stated to apply for a program year before the program year in which the determination is made.

Division 3—Appropriation and borrowings