Where there is a Budget for an Activity, Your Organisation must seek the Department’s prior written approval for any Grant funds reallocation: within the Activity’s Budget where no percentage is specified in Item D for that Budget; between expenditure in the Activity’s Budget that exceeds the percentage specified in Item D of the Schedule for that Budget; and between the Budgets of two or more Activities. Unspent or misspent Grant funds If at any time the Department determines, having discussed (or made a reasonable attempt to discuss) the relevant aspects of this clause 3.6 [Unspent or misspent Grant funds] with Your Organisation, that: Your Organisation has received Grant funds for an Activity that have not been spent or Committed for the Activity in accordance with this Agreement including as a result of Your Organisation having a surplus and/or underspend for the Activity; the Department has made an overpayment of Grant funds to Your Organisation; or Your Organisation has or Committed an amount of Grant funds other than: for the Activity for which it was provided; and in accordance with this Agreement, then at the Department’s discretion: Your Organisation must repay those Grant funds to the Department within 30 days after receiving a notice from the Department requiring Your Organisation to do so; Your Organisation must deal with those Grant funds as directed by the Department; or the Department may reduce one or more further payments for an Activity by up to the amount of those Grant funds. If, after the Department applies clause 3.6.1.a to an amount of Grant funds that were provided to Your Organisation for an Activity and subject to the other Provisions of this Agreement, Your Organisation demonstrates to the Department’s reasonable satisfaction that Your Organisation requires some or all of that amount (in addition to the part of the Grant that remains payable for the Activity) to complete the Activity, the Department will repay the required amount to Your Organisation within 10 days after the Department is satisfied that the amount is required.
Where there is a Budget for an Activity, Your Organisation must seek the Department’s prior written approval for any Grant funds reallocation: within the Activity’s Budget where no percentage is specified in Item D for that Budget; between expenditure in the Activity’s Budget that exceeds the percentage specified in Item D of the Schedule for that Budget; and between the Budgets of two or more Activities. Unspent or misspent Grant funds If at any time the Department determines, having discussed (or made a reasonable attempt to discuss) the relevant aspects of this clause 3.6 [Unspent or misspent Grant funds] with Your Organisation, that: Your Organisation has received Grant funds for an Activity that have not been spent or Committed for the Activity in accordance with this Agreement including as a result of Your Organisation having a surplus and/or underspend for the Activity; the Department has made an overpayment of Grant funds to Your Organisation; or Your Organisation has or Committed an amount of Grant funds other than: for the Activity for which it was provided; and in accordance with this Agreement, then at the Department’s discretion: Your Organisation must repay those Grant funds to the Department within 30 days after receiving a notice from the Department requiring Your Organisation to do so; Your Organisation must deal with those Grant funds as directed by the Department; or the Department may reduce one or more further payments for an Activity by up to the amount of those Grant funds. If, after the Department applies clause 3.6.1.a to an amount of Grant funds that were provided to Your Organisation for an Activity and subject to the other Provisions of this Agreement, Your Organisation demonstrates to the Department’s reasonable satisfaction that Your Organisation requires some or all of that amount (in addition to the part of the Grant that remains payable for the Activity) to complete the Activity, the Department will repay the required amount to Your Organisation within 10 days after the Department is satisfied that the amount is required.