Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 203CA

Conditions of funding

  (1)   Funds provided to a representative body under this Division, whether provided by grant or otherwise, may be so provided on whatever conditions the Secretary considers appropriate. However, the Secretary must impose conditions relating to:

  (a)   the purposes for which the money may be spent; and

  (b)   the period within which the money is to be spent; and

  (c)   the acquittal of money spent; and

  (d)   the giving of information relating to the expenditure of the money, including the production and publication of financial statements; and

  (e)   the appointment of a person, in cases where the Secretary considers that money from funds provided has not been spent in accordance with the conditions of the funding, with the power to prevent expenditure of further money from funds provided, otherwise than in accordance with the conditions of the funding; and

  (f)   the representative body's continuing satisfactory performance of its functions and continuing compliance with this Act; and

  (g)   the giving of information relating to the performance of the body's functions and its compliance with this Act.

Repayment of part of funding provided on withdrawal of recognition

  (1A)   The provision of funding, however achieved, is also subject to a condition that if:

  (a)   the representative body's recognition as a representative body is withdrawn under section   203AH; and

  (b)   the withdrawal takes effect during the period for which funding is provided;

the representative body must repay to the Commonwealth an amount equal to so much (if any) of the funding provided as is uncommitted at the time the recognition is withdrawn.

Uncommitted amount of funding provided

  (1B)   For the purposes of subsection   (1A), the amount of funding provided that is uncommitted is the difference (if any) between:

  (a)   the portion (if any) of funding provided that has, at the time the recognition is withdrawn, been paid to the representative body by the Commonwealth; and

  (b)   the sum of:

  (i)   the portion (if any) of funding provided that has, at that time, been spent by the representative body in connection with the performance of its functions and the exercise of its powers; and

  (ii)   the portion (if any) of funding provided that the representative body is, at that time, liable to pay to other persons in connection with the performance of its functions and the exercise of its powers.

Bodies must comply with conditions of funding

  (3)   The representative body must comply with the conditions of funding.

Serious or repeated breaches of conditions

  (5)   If the Secretary of the Department considers that the representative body:

  (a)   has committed, or is committing, serious breaches of conditions to which the provision of funding has been made subject under this Division; or

  (b)   has repeatedly breached, or is repeatedly breaching, such conditions;

the Secretary must give to the Commonwealth Minister a written notice informing the Minister of the breaches and stating what measures the Secretary is taking, or proposes to take, as a result of the breaches.

Certain instruments not to be legislative instruments

  (6)   An instrument that:

  (a)   determines conditions of funding for the purposes of subsection   (1); or

  (b)   informs the Minister of a breach under subsection   (5);

is not a legislative instrument .