Document ID: chunk:federal_register_of_legislation:C2011A00145:clause:4_13:p1
Version: federal_register_of_legislation:C2011A00145
Segment Type: clause
Provision Reference: sch 4 cl 13 (pt 1/2)
Character Range: 13552–16241

13  Financial assistance for advocacy services
 (1) The Minister may approve:
 (a) the making of a grant of financial assistance to a State in relation to the provision by the State of an advocacy service for persons included in the target group; or
 (b) the making of a grant of financial assistance to an eligible organisation in relation to the provision by the organisation of an advocacy service for persons included in the target group.
 (2) However, the Minister must not approve the making of a grant under subsection (1) unless:
 (a) the Minister is satisfied that the making of the grant would:
 (i) further the objects of this Act set out in section 3 and the principles and objectives formulated under section 5; and
 (ii) comply with the guidelines formulated under section 5 that are applicable to the making of grants under subsection (1); and
 (b) either of the following applies:
 (i) the State or organisation holds a current certificate of compliance in respect of the advocacy service;
 (ii) the Minister has, under this section, specified a day by which the State or organisation must obtain a certificate of compliance in respect of the advocacy service and the State or organisation has given a written notice to the Minister stating its intention to seek to obtain such a certificate on or before that day.

Ministerial determinations
 (3) The Minister may make a determination specifying a day for the purposes of subparagraph (2)(b)(ii). The day cannot be later than 18 months after the day on which the determination is made.
 (4) If subparagraph (2)(b)(ii) applies in respect of a grant, the Minister may vary the determination under subsection (3) to specify a later day. The later day cannot be later than 18 months after the day on which the grant is approved.

Statutory conditions
 (5) A grant of financial assistance under this section to a State or eligible organisation in relation to the provision of an advocacy service is subject to the condition that the State or organisation holds a current certificate of compliance in respect of the service:
 (a) if subparagraph (2)(b)(i) applies in respect of the grant—at all times during the period to which the grant relates; or
 (b) if subparagraph (2)(b)(ii) applies in respect of the grant—at all times on and after:
 (i) the day specified in relation to the service under whichever of subsections (3) and (4) applies; or
 (ii) the day on which the State or organisation receives a certificate of compliance in respect of the service;
  whichever is the earlier, and before the end of the period to which the grant relates.
Note: See section 14 for other conditions.

Approvals and determinations are not