Document ID: chunk:federal_register_of_legislation:C2024C00245:section:50:p1
Version: federal_register_of_legislation:C2024C00245
Segment Type: section
Provision Reference: s 50 (pt 1/2)
Character Range: 40582–43266

50  Termination or variation of funding agreement or proposals

CEO may terminate or vary funding agreement
 (1) If the CEO is satisfied that the organisation that is a party to a funding agreement has breached a term or condition of the agreement, the CEO may, on behalf of the Commonwealth:
 (a) terminate the agreement; or
 (b) vary the agreement.
 (2) The CEO may vary the funding agreement in any other circumstances.
 (3) Subsections (1) and (2) do not limit the terms and conditions that may be set out in a funding agreement.

Board may terminate or vary funding approval
 (4) The Board may terminate or vary a funding approval given under subsection 47(1) in relation to an organisation if:
 (a) the CEO gives the Board a notice under subsection 49(4) about a term or condition of the funding agreement that relates to the funding approval; and
 (b) the Board is satisfied that the organisation has breached the term or condition.
Note: The Board also has a general power to vary a funding approval: see subsection 47(5).

Minister may terminate or vary funding approval
 (5) The Minister may terminate or vary a funding approval given under subsection 48(1) in relation to an organisation if:
 (a) the CEO gives the Minister a notice under subsection 49(4) about a term or condition of the funding agreement that relates to the funding approval; and
 (b) the Minister is satisfied that the organisation has breached the term or condition.
Note: The Minister also has a general power to vary a funding approval: see subsection 48(4).

Process for making decisions under this section
 (6) Before making a decision under paragraph (1)(a) or subsection (4) or (5), the CEO, Board or Minister (as the case requires) must give the organisation notice in writing:
 (a) stating the decision the CEO, Board or Minister is considering making; and
 (b) stating the reasons why the CEO, Board or Minister is considering making the decision; and
 (c) inviting the organisation to make written submissions to the CEO, Board or Minister within 28 days concerning why the decision should not be made.
 (7) In deciding whether to make a decision under paragraph (1)(a) or subsection (4) or (5), the CEO, Board or Minister (as the case requires) must consider any submissions received from the organisation within the 28‑day period.

Notice of decision
 (8) The CEO, Board or Minister (as the case requires) must give the organisation notice in writing of a decision under subsection (1), (2), (4) or (5) and of the reasons for the decision.
 (9) The CEO must give the Board notice in writing of the CEO's termination of a funding agreement that relates to a funding approval under subsection