Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:1_200:p2
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 1 cl 200 (pt 2/2)
Character Range: 73366–75729

applied for a purpose specified by the appropriate consenting authority; and
 (c) the appropriate consenting authority is satisfied that the condition was not complied with.
(9) The appropriate consenting authority must not specify in a notice under subitem (8) an amount greater than the amount of the grant made to the individual or body under paragraph 14(1)(a) or (b) of the ATSIC Act.
(10) An individual or body that is given a notice is liable to pay to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, as the case requires, the amount specified in the notice.
(11) Subitems (8), (9) and (10) do not affect the availability to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, of any legal or equitable remedy for contravention of a condition attached to the consent.
(12) A consent given under subitem (2) or a notice under subitem (1A) or (8) is not a legislative instrument.
(13) In this item:
appropriate consenting authority means:
 (a) unless paragraph (b) or (c) applies—the Secretary; and
 (b) if the interest in land concerned:
 (i) was acquired using money made available to the individual or body by means of a grant made by the Commission before ATSIC abolition day under section 14 of the ATSIC Act and the grant is declared to be a class A exempted asset; or
 (ii) was acquired using money made available to the individual or body by means of a loan that was guaranteed by the Commission before ATSIC abolition day under section 15 of the ATSIC Act and the guarantee is declared to be a class A exempted liability;
  Indigenous Business Australia; and
 (c) if the interest in land concerned:
 (i) was acquired using money made available to the individual or body by means of a grant made by the Commission before ATSIC abolition day under paragraph 14(1)(a) of the ATSIC Act from the Regional Land Fund; or
 (ii) was granted to the individual or body by the Commission before ATSIC abolition day after the Commission acquired the interest using money from the Regional Land Fund; or
 (iii) was acquired using money made available to the individual or body by means of a loan that was guaranteed by the Commission before ATSIC abolition day under section 15 of the ATSIC Act and the guarantee is declared to be a class B exempted liability;
  the Indigenous Land Corporation.