Document ID: chunk:federal_register_of_legislation:F2024L00670:reg:14
Version: federal_register_of_legislation:F2024L00670
Segment Type: reg
Provision Reference: reg 14
Character Range: 28997–31113

14  Non-compliance with conditions
       (1)    The Secretary of the Department (or delegate) may, by notice in writing, require a funding recipient to repay amounts to the Commonwealth in the event of a breach of any of the conditions in this Determination or any replacement condition.
Note: Under section 91 of the Act, the Minister (or delegate) may, by notice in writing, exempt a funding recipient from a condition in this Determination, and, if considered appropriate, to impose a replacement condition on the funding recipient. The Minister (or delegate) may also revoke an exemption; or vary or revoke a replacement condition.
       (2)    If notified of the requirement to repay a Roads to Recovery payment, the funding recipient must pay to the Commonwealth an amount equal to so much of the payment as specified in the notice.
Note: Section 92 of the Act provides that an amount liable for repayment may instead be deducted from any future payment to the funding recipient.

15 Transitional provisions
       (1)    A funding recipient that received a Roads to Recovery payment under the old conditions must:
            (a)    submit an annual report for the 2023-24 financial year by 31 October 2024; and
            (b)    if that annual report includes an amount carried forward to next financial year; submit a final acquittal report by 31 May 2025.
       (2)    The final acquittal report referred in subsection 16(2) must specify the total of Roads to Recovery payments that the funding recipient:
            (a)    reported as an amount carried forward to next financial year in the 2023-24 annual report; and
            (b)    expended and paid for during the period 1 July 2024 to 31 December 2024.
Note:  Subsection 89(3) of the Act provides that the funding amount specified in the Roads to Recovery List may only be paid during the Roads to Recovery funding period. If a negative amount is reported for amount carried forward to next financial year in the annual report referred at paragraph 161(a) the funding recipient will not be provided a Roads to Recovery payment for that amount.