Debt recovery arrangements relating to Commonwealth funding for schools
2.8.2 Debt recovery arrangements relating to Commonwealth funding for schools
S. 2.8.2 inserted by No. 42/2016 s. 10.
If, in accordance with the Commonwealth Act, the State has paid, or pays, financial assistance to any approved authority, block grant authority or non‑government representative body for a school, the payment of that financial assistance is taken to be an arrangement between the authority or body (as the case requires) and the State in relation to that payment by virtue of this section.
S. 2.8.2(2) amended by No. 31/2018 s. 65(3)(a).
It is a term of an arrangement referred to in subsection (1) that if—
S. 2.8.2(2)(a) amended by No. 31/2018 s. 65(3)(b).
the Commonwealth Minister makes a determination under section 110(1)(a) of the Commonwealth Act that the State must pay a specified amount; and
the Commonwealth Minister makes that determination as a result of—
non-compliance or a breach by the authority or body mentioned in section 108 of the Commonwealth Act; or
a payment mentioned in section 109(1), (2), (3)(a) or (4) of the Commonwealth Act that was paid to the State for the authority or body—
the amount specified by the Commonwealth Minister in the determination is taken to be a debt due by the authority or body (as the case requires) to the State and may be recovered by the State in a court of competent jurisdiction.
A debt due by an authority or body to the State under subsection (2) is payable within 7 days after the date of the determination referred to in that subsection.
If a debt is due by an authority or body to the State under subsection (2) in relation to financial assistance for a school and the approval of the authority or body under Division 2 of Part 6 of the Commonwealth Act is no longer in force in relation to that school, the State may recover the debt from the person who held the approval immediately before it ceased to exist.
If a debt is due by an authority or body to the State under subsection (2), the State may assign to the Commonwealth the right to recover the debt.
This Act’s bill:Explanatory memorandumSecond reading speech
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