Commonwealth Consolidated Acts

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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 164.10

Advances

  (1)   The * Secretary may determine that an advance is to be made to a higher education provider or other body on account of an amount that is expected to become payable under a provision of this Act to the provider or other body.

  (1AA)   The * Secretary may vary or revoke a determination made under subsection   (1).

  (1A)   If the advance exceeds the amount that becomes payable, an amount equal to the excess may be:

  (a)   deducted from any amount that is payable, or to be paid, to the provider or body under this Act; or

  (b)   recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.

  (1B)   If the provider or other body uses the advance for a purpose other than that for which it was given, an amount equal to the advance may be:

  (a)   deducted from any amount that is payable, or to be paid, to the provider or body under this Act; or

  (b)   recovered by the Commonwealth from the provider or body as a debt due to the Commonwealth.

  (2)   The conditions that would be applicable to a payment of the amount on account of which the advance is made are applicable to the advance.

  (3)   This section does not affect the Minister's power to determine under section   33 - 40 that an advance is payable to a higher education provider.



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