Commonwealth Consolidated Acts

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SCHOOLS ASSISTANCE ACT 2008 - SECT 166

False or misleading statements--variation of SES score

Scope

  (1)   This section applies if:

  (a)   a person made a statement relating to the grant of financial assistance for a non - government body for the purposes of:

  (i)   an Education Assistance Act; or

  (ii)   an agreement made as mentioned in an Education Assistance Act; and

  (b)   the statement was made to:

  (i)   the Minister (the Education Assistance Minister ) administering that Act; or

  (ii)   the Secretary of the Department administered by the Education Assistance Minister ; or

  (iii)   an APS employee in the Department administered by the Education Assistance Minister ; and

  (c)   the statement was false or misleading in a material particular; and

  (d)   as a result of the statement, a non - government school:

  (i)   obtains a higher funding level for the purposes of meeting recurrent expenditure than, in the Minister's opinion, the school may have obtained if the statement had not been made; or

  (ii)   obtains a larger amount under Division   8 (remoteness loading) of Part   4 than, in the Minister's opinion, the school may have obtained if the statement had not been made.

Variation of SES score for the school

  (2)   The Minister may make a determination under section   75 varying the SES score for the school.

  (3)   A determination mentioned in subsection   ( 2) may be stated to apply for a program year before the program year in which the determination is made.



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