Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) It is a condition of a payment of financial assistance under this Act to a State that, if the State does not fulfil a condition in respect of the payment, the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination.
(2) The amount stated in the determination under subsection (1) must not be more than the amount of the payment.
(3) A determination made under subsection (1) is not a legislative instrument.
(4) If:
(a) a payment of financial assistance has, during a financial year, been made to a State under this Act; and
(b) the Minister has determined under subsection (1) that the State must repay an amount in respect of the payment; and
(c) the State has not repaid the amount;
the Minister may deduct an amount equal to the amount unpaid from any amount that the State is entitled to receive by way of financial assistance under this Act for a subsequent financial year.
(5) An amount payable by a State to the Commonwealth under this Act is a debt due by the State to the Commonwealth.