Document ID: chunk:federal_register_of_legislation:C2016A00074:clause:1_7:p3
Version: federal_register_of_legislation:C2016A00074
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 3/3)
Character Range: 12815–14621

to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and
 (b) the *Secretary determines under subsection (3) that this section is to apply to the provider in respect of that grant;
then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part in respect of the next following year.
 (2) The grant is taken to be made:
 (a) under the same conditions as the conditions of the original grant, except the grant is taken to be made in respect of the next following year; or
 (b) under such other conditions as the Secretary determines under subsection (4).
 (3) For the purposes of subsection (1), the Secretary may, by notifiable instrument, determine:
 (a) that this section is to apply to a particular higher education provider in respect of one or more grants; and
 (b) for each grant, an amount of the unspent amount of the grant.
 (4) For the purposes of paragraph (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.

38‑45  Maximum payments for grants under this Part
 (1) The total payments made under this Part in respect of a year must not exceed the amount determined by the Minister under subsection (2) in respect of the year.
 (2) The Minister may, by legislative instrument, determine the total payments made under this Part in respect of a year.
Note: A single instrument may determine amounts for multiple years.
 (3) A determination under subsection (2) for a year must be made before the start of that year.
 (4) The Minister may, by legislative instrument, at any time before the end of a year, vary a determination made under subsection (2) for the year.