Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203ca:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203CA (pt 1/2)
Character Range: 440715–443374

203CA  Grant conditions

Conditions of grants

 (1) A grant of money to a representative body under this Division may be subject to such conditions as ATSIC thinks fit. However, ATSIC must impose conditions relating to:
 (a) the purposes for which the money may be spent; and
 (b) the period within which the money is to be spent; and
 (c) the acquittal of money spent; and
 (d) the giving of information relating to expenditure of the money; and
 (e) the appointment of a person, in cases where ATSIC considers that grant money has not been spent in accordance with the conditions of the grant, with the power to prevent expenditure of further grant money otherwise than in accordance with the conditions of the grant; and
 (f) the representative body's continuing satisfactory performance of its functions and continuing compliance with this Act; and
 (g) the giving of information relating to the performance of the body's functions and its compliance with this Act.

Repayment of part of grant on withdrawal of recognition

 (1A) The grant is also subject to a condition that if:
 (a) the representative body's recognition as a representative body is withdrawn under section 203AH; and
 (b) the withdrawal takes effect during the period to which the grant relates;
the representative body must repay to ATSIC an amount equal to so much (if any) of the grant as is uncommitted at the time the recognition is withdrawn.

Uncommitted amount of the grant

 (1B) For the purposes of subsection (1A), the amount of the grant that is uncommitted is the difference (if any) between:
 (a) the portion (if any) of the grant that has, at the time the recognition is withdrawn, been paid to the representative body by ATSIC; and
 (b) the sum of:
 (i) the portion (if any) of the grant that has, at that time, been spent by the representative body in connection with the performance of its functions and the exercise of its powers; and
 (ii) the portion (if any) of the grant that the representative body is, at that time, liable to pay to other persons in connection with the performance of its functions and the exercise of its powers.

Strategic plan to be considered in making grants

 (2) In making the grant and deciding on the conditions to be imposed under subsection (1), ATSIC must have regard to the matters set out in the strategic plan (see section 203D) of the representative body concerned. The conditions of the grant must be consistent with the strategic plan.

Bodies must comply with conditions of grants

 (3) The representative body must comply with the conditions of the grant.

Application of ATSIC Act

 (4) Sections 20, 21, 21A and 22 of