Higher Education Support Act 2003
Chapter 2
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Grants for higher education assistance etc
PART 2-3
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OTHER GRANTS
Division 41
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Other grants
SECTION 41-40
Rollover of grant amounts
41-40(1)
If a body to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then: (a) unless paragraph (b) applies - the unspent amount is taken to be granted to the body under this Part in respect of the next following year; or (b) if the *Secretary specifies an amount (not greater than the unspent amount) in relation to the body and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the body under this Part in respect of the next following year.
41-40(1A)
The *Secretary may, in writing, make a determination for the purposes of paragraph (1)(b) specifying an amount in relation to a body and a grant.
41-40(2)
The amount taken to be granted under subsection (1) is taken to be granted for the same purpose as the original grant.
41-40(3)
The grant taken to be made under subsection (1) 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 are determined by the *Secretary.
41-40(4)
Subsection (1) does not apply to a body in relation to a grant if the *Secretary specifies the body in relation to the grant in a determination under subsection (5) .
41-40(5)
The *Secretary may, in writing, make a determination for the purposes of subsection (4) specifying a body in relation to a grant.
41-40(6)
A determination under subsection (1A) or (5) is not a legislative instrument.
View history note
Hide history noteIf a body to which a grant (the original grant ) under this Part has been made in respect of a year fails to spend an amount (the unspent amount ) of the grant before the end of the year, then: (a) unless paragraph (b) applies - the unspent amount is taken to be granted to the body under this Part in respect of the next following year; or (b) if the *Secretary specifies an amount (not greater than the unspent amount) in relation to the body and the original grant in a determination under subsection (1A) - the specified amount is taken to be granted to the body under this Part in respect of the next following year.
41-40(1A)
The *Secretary may, in writing, make a determination for the purposes of paragraph (1)(b) specifying an amount in relation to a body and a grant.
41-40(2)
The amount taken to be granted under subsection (1) is taken to be granted for the same purpose as the original grant.
41-40(3)
The grant taken to be made under subsection (1) 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 are determined by the *Secretary.
41-40(4)
Subsection (1) does not apply to a body in relation to a grant if the *Secretary specifies the body in relation to the grant in a determination under subsection (5) .
41-40(5)
The *Secretary may, in writing, make a determination for the purposes of subsection (4) specifying a body in relation to a grant.
41-40(6)
A determination under subsection (1A) or (5) is not a legislative instrument.
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