Document ID: chunk:federal_register_of_legislation:C2024C00865:section:9:p1
Version: federal_register_of_legislation:C2024C00865
Segment Type: section
Provision Reference: s 9 (pt 1/2)
Character Range: 28571–31078

9  Definition of overpayment

Recurrent funding
 (1) A payment is an overpayment under this Act if:
 (a) the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph 25(1)(a); and
 (b) the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the school's total entitlement for the year.
Note: Total entitlement is defined in section 12.

Capital funding
 (4) A payment is an overpayment under this Act if:
 (a) the Commonwealth makes the payment to a State or Territory for a year for a capital grants authority or block grant authority for a school as a result of a determination made under paragraph 28(1)(a) or (b); and
 (b) the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the year for that authority and school, exceeds the amount determined under section 67 for the year for that authority and school.
 (5) A payment is an overpayment under this Act if:
 (a) the Commonwealth makes the payment to a State or Territory for a year for a block grant authority for a school as a result of a determination made under paragraph 28(1)(b); and
 (b) the total of the amount of the payment, and any previous payments made, as a result of that or any other determination made under that paragraph, to any State or Territory for the year for a block grant authority, exceeds the amount worked out for the year under section 68.

Other funding for schools
 (6) A payment is an overpayment under this Act if:
 (a) the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph 29(1)(a); and
 (b) the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the amount determined for the school for the year under section 69.
 (6A) A payment is an overpayment under this Act if:
 (a) the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph 29(1)(aa); and
 (b) the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the amount determined for the school for the year under