Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The TCF Post - 2005 (SIP) scheme may make provision for and in relation to the payment of grants subject to conditions (whether conditions precedent or conditions subsequent).
Note: Section 43 deals with the recovery of a conditional grant if there has been a breach of a condition.
Condition--compliance with information gathering notice
(2) A grant paid to an entity is subject to the condition that the entity comply with any notice given to the entity under section 38.
Note: Section 43 deals with the recovery of a conditional grant if there has been a breach of a condition.
Condition--no false or misleading statements
(3) A grant paid to an entity is subject to the condition that:
(a) a false or misleading statement has not been made by, or on behalf of, the entity in connection with a claim for the grant; and
(b) false or misleading information or evidence is not given by, or on behalf of, the entity in compliance or purported compliance with section 38; and
(c) a false or misleading document is not produced by, or on behalf of, the entity in compliance or purported compliance with section 38.
Note: Section 43 deals with the recovery of a conditional grant if there has been a breach of a condition.
Condition--entry to premises etc. to monitor compliance with other conditions
(4) A grant paid to an entity is subject to the condition that in relation to the following premises:
(a) business premises specified in the notice that is given to the entity notifying the entity that the entity is entitled to be paid the grant;
(b) business premises specified in a later notice given to the entity by the Secretary under subsection ( 5);
the entity:
(c) allow authorised officers of the Department, and any authorised employees of an authorised Commonwealth contractor accompanying those officers, access to the premises at any reasonable time of a business day for the purpose of monitoring compliance with other conditions that the grant is subject to; and
(d) allow authorised officers of the Department during that access to inspect and search the premises and any thing on the premises for the purpose of that monitoring; and
(e) allow authorised officers of the Department to operate electronic equipment at the premises to see whether documents in electronic form relevant to that monitoring are accessible by doing so; and
Note: See also sections 37Q to 37T (which contain provisions relating to the operation of electronic equipment at the premises).
(f) allow authorised officers of the Department to make copies of any documents in hard copy form found on the premises that are relevant to that monitoring; and
(g) provide authorised officers of the Department with all reasonable facilities and assistance in connection with that monitoring.
Note: Section 43 deals with the recovery of a conditional grant if there has been a breach of a condition.
Secretary's powers
(5) The Secretary may, by written notice given to an entity, specify business premises for the purposes of paragraph ( 4)(b).
(6) The Secretary may, by writing, appoint an APS employee in the Department to be an authorised officer of the Department for the purposes of this Division. The Secretary may do so only if the Secretary is satisfied that the employee has suitable qualifications for such an appointment.
(7) The Secretary may, by writing, appoint an employee of an authorised Commonwealth contractor to be an authorised employee of the contractor for the purposes of this Division. The Secretary may do so only if the Secretary is satisfied that the employee has suitable qualifications for such an appointment.