Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_14:p2
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 2/14)
Character Range: 251320–253829

any adjustment under section 33‑37 in relation to that breach, or any other breach by the body, during the same year;
 (c) if the body is a higher education provider—the impact that the breach may have on the body's students;
 (d) if the body is a higher education provider—the impact of the breach on the higher education provided by the body;
 (e) the impact of the breach on Australia's reputation as a provider of high quality higher education.

Division 57—What is the amount of a reduction or repayment?

57‑1  Reduction in amount of grants
  If an amount of a grant is to be reduced under this Part, it must be reduced by an amount determined by the Minister in writing.

57‑5  Amount of the repayment
 (1) If an amount of a grant is to be repaid under this Part, the amount to be repaid is the amount that the Minister determines in writing.
 (2) The amount to be repaid must not exceed the amount of the grant.
 (4) The amount to be repaid is a debt owed to the Commonwealth by the body to which the grant was paid.

Division 60—How are decisions reducing a grant or requiring repayment of a grant made?

60‑1  Procedure prior to decision
 (1) Before making a decision under paragraph 54‑1(a) or (b) in respect of a body, the Minister must give to the body notice in writing:
 (a) stating that the Minister is considering reducing the body's grant, or requiring the repayment of a grant made to the body, as the case may be; and
 (b) stating the amount of the proposed reduction or repayment and the reasons why the Minister is considering taking that action; and
 (c) inviting the body to make written submissions to the Minister within 28 days on either or both of the following matters:
 (i) why that action should not be taken;
 (ii) why the amount of the proposed reduction or repayment should be reduced; and
 (d) informing the body that, if no submission is received under paragraph (c) within the time required, the action will take effect on the day after the last day for making submissions.
 (2) In deciding whether to take the action, the Minister must consider any submissions received from the body within the 28 day period.

60‑5  Notification of decision
 (1) The Minister must notify the body in writing of his or her decision on whether or not to take the action. The notice:
 (a) must be in writing; and
 (b) if a submission was received from the body within the 28 day period—must specify the day that the decision is to take effect; and
 (c) must be given within the period of 28