(1)  In this regulation –

block grant authority has the same meaning as in the Commonwealth Act;

Commonwealth Act means the Australian Education Act 2013 of the Commonwealth;

Commonwealth-approved authority means an approved authority within the meaning of the Commonwealth Act;

Commonwealth Minister means the Commonwealth Minister responsible for administering the Commonwealth Act;

entity means –

(a) a block grant authority; or

(b) a Commonwealth-approved authority; or

(c) a non-government representative body;

non-government representative body has the same meaning as in the Commonwealth Act;

recoverable payments deed means a deed that is –

(a) entered into by the State and a person or body that, at the time of the signing of the deed, was or was intended to become a Commonwealth-approved authority or block grant authority; and

(b) entered into for the purposes of complying with section 24 of the Commonwealth Act; and

(c) in force immediately before 10 July 2017.

(2)  If –

(a) the Commonwealth Minister makes a determination under section 110(1)(a) of the Commonwealth Act that requires the State to pay an amount to the Commonwealth; and

(b) that determination relates to financial assistance that is paid, on or after 10 July 2017, by the Commonwealth to the State for an entity; and

(c) the financial assistance is paid by the State to the entity; and

(d) that determination is made as a result of –

(i) non-compliance or a breach by the entity mentioned in section 108 of the Commonwealth Act; or

(ii) a payment mentioned in section 109(1), (2), (3)(a) or (4) of the Commonwealth Act that was paid to the State for the entity –

the amount referred to in paragraph (a) is a debt due and payable by the entity to the State and may be recovered by the State in a court of competent jurisdiction.

(3)  Subregulation (2) does not apply to an entity if –

(a) the entity on or after 10 July 2017 enters into a written agreement with the State; and

(b) the agreement between the State and the entity is in force and establishes an arrangement that complies with section 11(2) of the Australian Education Regulation 2013 of the Commonwealth.

(4)  A recoverable payments deed does not apply in relation to any debt payable by a Commonwealth-approved authority or block grant authority to the State in accordance with subregulation (2) .