Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non - government body (including a non - government school), or the relevant authority of such a body, if:
(a) either (or both) of the following applies:
(i) the body or authority is a body corporate that is being wound up;
(ii) the affairs of the body or authority are under any form of external control (for example, the control of a manager) under a law of the Commonwealth or a State; or
(b) the Minister considers that:
(i) the liabilities of the body or authority are greater than its assets; or
(ii) the body or authority is (and is likely to continue for a substantial period to be) unable to pay its debts as and when they fall due for payment; or
(c) a law of the Commonwealth or a State requires the body or authority to be audited, and the Minister determines that this paragraph applies because the relevant audit:
(i) is expressed to be qualified; or
(ii) expresses concern about the financial viability of the body or authority.
(2) A determination made under paragraph ( 1)(c) is not a legislative instrument, but is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901 .
Note: Section 46B of the Acts Interpretation Act 1901 was repealed by the Acts and Instruments (Framework Reform) Act 2015 . Item 179 of Schedule 1 to that Act includes certain saving and transitional provisions for section 46B.