Document ID: chunk:federal_register_of_legislation:C2017C00106:section:5:p19
Version: federal_register_of_legislation:C2017C00106
Segment Type: section
Provision Reference: s 5 (pt 19/24)
Character Range: 49971–52786

and the State Minister shall jointly develop standard terms and conditions to be attached by the State to payments made pursuant to this agreement to local governments and community organisations, which terms and conditions shall include the manner in which the approved project is to be provided, so as to ensure that the approved project meets its objective.

26. (1) Financial assistance is granted upon the condition that the State will—
    (a) apply the financial assistance provided to it for the purpose of meeting or reimbursing expenditure incurred by the State in relation to the provision of approved projects in accordance with this agreement;
    (b) subject to paragraph (c), without undue delay pay to the local government or community organisation that is providing or sponsoring an approved project an amount equal to the amount of financial assistance provided to the State for expenditure in respect of that approved project;
    (c) not pay an amount to a local government or a community organisation unless the local government or community organisation accepts the amount upon the terms and conditions developed pursuant to clause 25 or (if no terms and conditions have been developed) upon the terms and conditions attached to the provision of financial assistance under this agreement;
    (d) expend or cause to be expended, in respect of each grant year, not less than the amount calculated in accordance with clause 14 or clause 18 (as the case may be);
    (e) not permit its expenditure under this agreement, vis‑a‑vis local governments and community organisations, to diminish unless otherwise agreed by the Commonwealth Minister and the State Minister; and
    (f) pay to the Commonwealth an amount that becomes payable pursuant to sub‑clause (2).

(2) In the event that property of a non‑expendable nature that was acquired by the State, a local government or a community organisation wholly or partly with financial assistance provided in respect of an approved project—
    (a) is disposed of;
    (b) ceases to be used in relation to the approved project or another approved project; or
    (c) is destroyed,
the State shall pay to the Commonwealth the Commonwealth's share of the value of the property at the date of the happening of the event unless the Commonwealth Minister and the State Minister otherwise agree or unless, in the case where the property was acquired by a local government or community organisation, the State is unable to recover that share from the local government or community organisation.

(3) For the purpose of sub‑clause (2)—
    "the value of the property" means the amount agreed upon by the Commonwealth and the State or, in the absence of agreement the amount determined by a qualified valuer nominated by the Commonwealth Minister, as the value