Commonwealth Consolidated Acts

AUSTRALIAN EDUCATION ACT 2013 - SECT 9

Recurrent funding

  (1)   A payment is an overpayment under this Act if:

  (a)   the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph   25(1)(a); and

  (b)   the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the school's total entitlement for the year.

Note:   Total entitlement is defined in section   12.

Capital funding

  (4)   A payment is an overpayment under this Act if:

  (a)   the Commonwealth makes the payment to a State or Territory for a year for a capital grants authority or block grant authority for a school as a result of a determination made under paragraph   28(1)(a) or (b); and

  (b)   the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the year for that authority and school, exceeds the amount determined under section   67 for the year for that authority and school.

  (5)   A payment is an overpayment under this Act if:

  (a)   the Commonwealth makes the payment to a State or Territory for a year for a block grant authority for a school as a result of a determination made under paragraph   28(1)(b); and

  (b)   the total of the amount of the payment, and any previous payments made, as a result of that or any other determination made under that paragraph, to any State or Territory for the year for a block grant authority, exceeds the amount worked out for the year under section   68.

Other funding for schools

  (6)   A payment is an overpayment under this Act if:

  (a)   the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph   29(1)(a); and

  (b)   the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the amount determined for the school for the year under section   69.

  (6A)   A payment is an overpayment under this Act if:

  (a)   the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph   29(1)(aa); and

  (b)   the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the amount determined for the school for the year under section   69A.

  (6B)   A payment is an overpayment under this Act if:

  (a)   the Commonwealth makes the payment to a State or Territory for a school for a year as a result of a determination made under paragraph   29(1)(ab); and

  (b)   the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the school for the year, exceeds the amount determined for the school for the year under section   69B.

Funding for non - government representative body

  (7)   A payment is an overpayment under this Act if:

  (a)   the Commonwealth makes the payment to a State or Territory for a non - government representative body for a non - government school as a result of a determination made under section   30; and

  (b)   the total of the amount of the payment, and any previous payments made, as a result of the determination, to the State or Territory for the body for the year, exceeds the amount determined for the body for the year under section   70.