Australian Research Council Act 2001

The Minister may, on behalf of the Commonwealth, terminate a funding approval in relation to an organisation if the Minister considers that, for reasons relevant to the security, defence or international relations of Australia, the approval should be terminated.

The funding approval may have been given by the Board or the Minister.

If the Minister does so, no further payment of financial assistance to the organisation in relation to that funding approval is to be made under this Division.

The Minister:

must give the organisation written notice of the decision under subsection (1); and

may in that notice:

include a requirement for the organisation to pay a specified amount to the Commonwealth that is equal to the whole or a part of the financial assistance already paid to the organisation under the funding agreement relating to the approval; and

specify the period within which the organisation must pay that specified amount, which must be a period of at least 28 days starting on the day on which the notice is given.

The Minister must give the Board and CEO a copy of the notice given to the organisation under subsection (3).

If an amount payable by the organisation under subsection (3) remains unpaid at the end of the period specified in the notice under that subsection, the amount:

is a debt due to the Commonwealth; and

may be recovered by the CEO, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

The CEO may, on behalf of the Commonwealth, set off the whole or a part of the amount payable to the Commonwealth under subsection (3) against a later payment of financial assistance to the organisation under this Division in relation to another funding approval.

The debt under subsection (5) is reduced by the amount of the set‑off.

If the operation of this section would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.