Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 38.40

  (1)   If:

  (a)   a higher education provider to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and

  (b)   the * Secretary determines under subsection   (3) that this section is to apply to the provider in respect of that grant;

then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part   in respect of the next following year.

  (2)   The grant is taken to be made:

  (a)   under the same conditions as the conditions of the original grant, except the grant is taken to be made in respect of the next following year; or

  (b)   under such other conditions as the Secretary determines under subsection   (4).

  (3)   For the purposes of subsection   (1), the Secretary may, by notifiable instrument, determine:

  (a)   that this section is to apply to a particular higher education provider in respect of one or more grants; and

  (b)   for each grant, an amount of the unspent amount of the grant.

  (4)   For the purposes of paragraph   (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.