Common use of FUNDING AND PAYMENTS Clause in Contracts

FUNDING AND PAYMENTS. Subject to Clauses 7.3, 16 and 17, the Department agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department will make payment of the Funds to the RTO in accordance with procedures set out in Schedule 1 of this VET Funding Contract. The RTO acknowledges and agrees: that the Department's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract is conditional upon the Department being satisfied (and continuing to be satisfied) that: the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding Contract; and the Funds are being reasonably applied by the RTO for the purpose of the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; that the Department is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, in which they are enrolled; or until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; that the Department may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract on 10 Business Days written notice, including: for reasons of a change of policy; for reasons of ensuring the proper and responsible administration of the Funds and of the Department's Victorian Training Guarantee program budget; and in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. that the Department will only pay the Funds under this VET Funding Contract in respect of an Eligible Individual to the RTO and not to any other party; that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department for provision of the Training Services in respect of an Eligible Individual; and that the RTO is not entitled to and may not claim any additional funding or assistance from the Department in relation to the Training Services. Without limiting Clauses 16 and 17, or any other rights of the Department, the Department may deduct from any payment of Funds due to the RTO under this VET Funding Contract, or require payment from the RTO, in respect of Funds: any amounts due to the Department by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; money paid for the provision of any Training Services that the Department is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding Contract; money expended by the Department to make good any non-compliance by the RTO with this VET Funding Contract; and money paid by the Department to auditors or reviewers, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. Where the Department requires a payment from the RTO in accordance with Clause 7.3, the RTO will pay the amount due within 30 Business Days, or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable under this VET Funding Contract in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered for GST. If GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment note.

FUNDING AND PAYMENTS. 8.1. Subject to Clauses 7.3clauses 8.3, 16 and 17, during the Department Term the Commission agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department Commission will make payment of the Funds to the RTO in accordance with procedures set out in Schedule 1 of this VET Funding Contract2. 8.2. The RTO acknowledges and agrees: : a) that the DepartmentCommission's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract Agreement is conditional upon the Department Commission being satisfied (and continuing to be satisfied) that: : i. the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding ContractAgreement; and and ii. the Funds are being reasonably applied by the RTO for the purpose of to the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; ; b) that the Department Commission is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: : i. until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, qualification in which they are enrolled; or or ii. until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; ; c) that the Department may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract on 10 Business Days written notice, including: for reasons of a change of policy; for reasons of ensuring the proper and responsible administration of the Funds and of the Department's Victorian Training Guarantee program budget; and in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. that the Department Commission will only pay the Funds under this VET Funding Contract Agreement in respect of an Eligible Individual to the RTO and not to any other party; ; d) that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department Commission for provision of the Training Services in respect of an Eligible Individual; and and e) that the RTO is not entitled to and may not claim any additional funding or assistance from the Department Commission in relation to the Training Services. 8.3. Without limiting Clauses clauses 16 and 17, or any other rights of the DepartmentCommission, the Department Commission may deduct from any payment of Funds due to the RTO under this VET Funding ContractAgreement in respect of Contact Hour Funds, or require seek payment from the RTO, RTO in respect of Contact Hour Funds: : a) any amounts due to the Department Commission by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; Agreement; b) money paid for the provision of any Training Services to Eligible Individuals that the Department Commission is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding Contract; Agreement; c) money expended by the Department Commission to make good any non-non compliance by the RTO with this VET Funding ContractAgreement; and and d) money paid by the Department Commission to auditors or reviewersauditors, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. Where the Department requires a payment from the RTO in accordance with Clause 7.3, the RTO will pay the amount due within 30 Business Days, or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable under this VET Funding Contract in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered for GST. If GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment note.

FUNDING AND PAYMENTS. 7.1. Subject to Clauses 7.3, 16 and 17, the Department agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department will make payment of the Funds to the RTO in accordance with procedures set out in Schedule 1 of this VET Funding Contract. 7.2. The RTO acknowledges and agrees: : a) that the Department's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract is conditional upon the Department being satisfied (and continuing to be satisfied) that: : i) the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding Contract; and and ii) the Funds are being reasonably applied by the RTO for the purpose of the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; ; b) that the Department is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: : i) until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, in which they are enrolled; or or ii) until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; ; c) that the Department may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract on 10 Business Days written notice, including: : i) for reasons of a change of policy; ; ii) for reasons of ensuring the proper and responsible administration of the Funds and of the Department's Victorian Training Guarantee program budget; and and iii) in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 2014 inclusive. . d) that the Department will only pay the Funds under this VET Funding Contract in respect of an Eligible Individual to the RTO and not to any other party; ; e) that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department for provision of the Training Services in respect of an Eligible Individual; and and f) that the RTO is not entitled to and may not claim any additional funding or assistance from the Department in relation to the Training Services. 7.3. Without limiting Clauses 16 and 17, or any other rights of the Department, the Department may deduct from any payment of Funds due to the RTO under this VET Funding Contract, or require payment from the RTO, in respect of Funds: : a) any amounts due to the Department by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; ; b) money paid for the provision of any Training Services that the Department is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding Contract; ; c) money expended by the Department to make good any non-non- compliance by the RTO with this VET Funding Contract; and and d) money paid by the Department to auditors or reviewers, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. 7.4. Where the Department requires a payment from the RTO in accordance with Clause 7.3, the RTO will pay the amount due within 30 Business Days, or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable under this VET Funding Contract in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered for GST. If GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment note.

FUNDING AND PAYMENTS. 7.1. Subject to Clauses 7.3, 16 and 17, the Department agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department will make payment of the Funds to the RTO in accordance with procedures set out in Schedule 1 of this VET Funding Contract. 7.2. The RTO acknowledges and agrees: : a) that the Department's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract is conditional upon the Department being satisfied (and continuing to be satisfied) that: : i) the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding Contract; and and ii) the Funds are being reasonably applied by the RTO for the purpose of the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; ; b) that the Department is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: : i) until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, in which they are enrolled; or or ii) until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; ; c) that the Department may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract on 10 Business Days written notice, including: : i) for reasons of a change of policy; ; ii) for reasons of ensuring the proper and responsible administration of the Funds and of the Department's Victorian Training Guarantee program budget; and and iii) in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. . d) that the Department will only pay the Funds under this VET Funding Contract in respect of an Eligible Individual to the RTO and not to any other party; ; e) that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department for provision of the Training Services in respect of an Eligible Individual; and and f) that the RTO is not entitled to and may not claim any additional funding or assistance from the Department in relation to the Training Services. 7.3. Without limiting Clauses 16 and 17, or any other rights of the Department, the Department may deduct from any payment of Funds due to the RTO under this VET Funding Contract, or require payment from the RTO, in respect of Funds: : a) any amounts due to the Department by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; ; b) money paid for the provision of any Training Services that the Department is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding Contract; ; c) money expended by the Department to make good any non-non- compliance by the RTO with this VET Funding Contract; and and d) money paid by the Department to auditors or reviewers, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. 7.4. Where the Department requires a payment from the RTO in accordance with Clause 7.3, the RTO will pay the amount due within 30 Business Days, or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable under this VET Funding Contract in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered for GST. If GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment note.

FUNDING AND PAYMENTS. Subject to Clauses 7.38.3, 16 17 and 1718, the Department Commission agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department Commission will make payment of the Funds to the RTO in accordance with procedures set out in Schedule 1 of this VET Funding Contract1. The RTO acknowledges and agrees: that the DepartmentCommission's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract Agreement is conditional upon the Department Commission being satisfied (and continuing to be satisfied) that: the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding ContractAgreement; and the Funds are being reasonably applied by the RTO for the purpose of the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; that the Department Commission is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, in which they are enrolled; or until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; that the Department Commission may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract Agreement on 10 20 Business Days written notice, including: for reasons of a change of policy; for reasons of ensuring the proper and responsible administration of the Funds and of the DepartmentCommission's Victorian Training Guarantee program budget; and in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. 2013 calendar year; that the Department Commission will only pay the Funds under this VET Funding Contract Agreement in respect of an Eligible Individual to the RTO and not to any other party; that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department Commission for provision of the Training Services in respect of an Eligible Individual; and that the RTO is not entitled to and may not claim any additional funding or assistance from the Department Commission in relation to the Training Services. Without limiting Clauses 16 17 and 1718, or any other rights of the DepartmentCommission, the Department Commission may deduct from any payment of Funds due to the RTO under this VET Funding ContractAgreement in respect of Contact Hour Funds, or require seek payment from the RTO, RTO in respect of Contact Hour Funds: any amounts due to the Department Commission by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria ProgramAgreement; money paid for the provision of any Training Services to Eligible Individuals that the Department Commission is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding ContractAgreement; money expended by the Department Commission to make good any non-non compliance by the RTO with this VET Funding ContractAgreement; and money paid by the Department Commission to auditors or reviewers, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. Where the Department requires a payment from the RTO in accordance with This Clause 7.3, the RTO will pay the amount due within 30 Business Days, 8.3 continues despite any expiry or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable under this VET Funding Contract in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered for GST. If GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient termination of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment note.

FUNDING AND PAYMENTS. 8.1. Subject to Clauses 7.38.3, 16 17 and 1718, the Department Commission agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department Commission will make payment of the Funds to the RTO in accordance with procedures set out in Schedule 1 of this VET Funding Contract1. 8.2. The RTO acknowledges and agrees: : a) that the DepartmentCommission's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract Agreement is conditional upon the Department Commission being satisfied (and continuing to be satisfied) that: : i) the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding ContractAgreement; and and ii) the Funds are being reasonably applied by the RTO for the purpose of the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; ; b) that the Department Commission is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: : i) until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, in which they are enrolled; or or ii) until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; ; c) that the Department Commission may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract Agreement on 10 20 Business Days written notice, including: : i) for reasons of a change of policy; ; ii) for reasons of ensuring the proper and responsible administration of the Funds and of the DepartmentCommission's Victorian Training Guarantee program budget; and and iii) in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. 2013 calendar year; d) that the Department Commission will only pay the Funds under this VET Funding Contract Agreement in respect of an Eligible Individual to the RTO and not to any other party; ; e) that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department Commission for provision of the Training Services in respect of an Eligible Individual; and and f) that the RTO is not entitled to and may not claim any additional funding or assistance from the Department Commission in relation to the Training Services. 8.3. Without limiting Clauses 16 17 and 1718, or any other rights of the DepartmentCommission, the Department Commission may deduct from any payment of Funds due to the RTO under this VET Funding ContractAgreement in respect of Contact Hour Funds, or require seek payment from the RTO, RTO in respect of Contact Hour Funds: : a) any amounts due to the Department Commission by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; Agreement; b) money paid for the provision of any Training Services to Eligible Individuals that the Department Commission is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding Contract; Agreement; c) money expended by the Department Commission to make good any non-non compliance by the RTO with this VET Funding ContractAgreement; and and d) money paid by the Department Commission to auditors or reviewers, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. Where the Department requires a payment from the RTO in accordance with This Clause 7.3, the RTO will pay the amount due within 30 Business Days, 8.3 continues despite any expiry or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable under this VET Funding Contract in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered for GST. If GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient termination of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment note.

FUNDING AND PAYMENTS. 8.1. Subject to Clauses 7.3clauses 8.3, 16 and 17, during the Department Term the Commission agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department Commission will make payment of the Funds to the RTO in accordance with procedures set out in Schedule 1 of the schedules to this VET Funding ContractAgreement. 8.2. The RTO acknowledges and agrees: : a) that the DepartmentCommission's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract Agreement is conditional upon the Department Commission being satisfied (and continuing to be satisfied) that: : i. the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding ContractAgreement; and and ii. the Funds are being reasonably applied by the RTO for the purpose of to the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; ; b) that the Department Commission is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: : i. until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, qualification in which they are enrolled; or or ii. until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; ; c) that the Department may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract on 10 Business Days written notice, including: for reasons of a change of policy; for reasons of ensuring the proper and responsible administration of the Funds and of the Department's Victorian Training Guarantee program budget; and in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. that the Department Commission will only pay the Funds under this VET Funding Contract Agreement in respect of an Eligible Individual to the RTO and not to any other party; ; d) that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department Commission for provision of the Training Services in respect of an Eligible Individual; and and e) that the RTO is not entitled to and may not claim any additional funding or assistance from the Department Commission in relation to the Training Services. 8.3. Without limiting Clauses clauses 16 and 17, or any other rights of the DepartmentCommission, the Department Commission may deduct from any payment of Funds due to the RTO under this VET Funding ContractAgreement in respect of Contact Hour Funds, or require seek payment from the RTO, RTO in respect of Contact Hour Funds: : a) any amounts due to the Department Commission by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; Agreement; b) money paid for the provision of any Training Services to Eligible Individuals that the Department Commission is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding Contract; Agreement; c) money expended by the Department Commission to make good any non-non compliance by the RTO with this VET Funding ContractAgreement; and and d) money paid by the Department Commission to auditors or reviewersauditors, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. Where the Department requires a payment from the RTO in accordance with Clause 7.3, the RTO will pay the amount due within 30 Business Days, or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable under this VET Funding Contract in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered for GST. If GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment note.

FUNDING AND PAYMENTS. 8.1. Subject to Clauses 7.38.3 and 15, 16 and 17, during the Department Term the Commission agrees to pay the Funds in respect of each Eligible Individual to whom the RTO is providing the Training Services. The Department Commission will make payment of the applicable Funds to the RTO in accordance with procedures set out in Schedule 1 of this VET Funding Contract2. 8.2. The RTO acknowledges and agrees: : a) that the DepartmentCommission's payment of the Funds to the RTO in respect of an Eligible Individual under this VET Funding Contract Agreement is conditional upon the Department Commission being satisfied (and continuing to be satisfied) that: : i. the Training Services are being provided by the RTO to the relevant individual in accordance with this VET Funding ContractAgreement; and and ii. the Funds are being reasonably applied by the RTO for the purpose of to the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; ; b) that the Department Commission is only obliged to pay the Funds to the RTO in respect of an Eligible Individual: : i. until, and on condition that, the Eligible Individual completes the training course or qualification, or part thereof, qualification in which they are enrolled; or or ii. until the Eligible Individual withdraws from the training course or qualification in which they are enrolled; ; c) that the Department may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract on 10 Business Days written notice, including: for reasons of a change of policy; for reasons of ensuring the proper and responsible administration of the Funds and of the Department's Victorian Training Guarantee program budget; and in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. that the Department Commission will only pay the Funds under this VET Funding Contract Agreement in respect of an Eligible Individual to the RTO and not to any other party; ; d) to use the Funds solely for the provision of Training Services to each Eligible Individual and otherwise in accordance with this Agreement; e) that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO from the Department Commission for provision of the Training Services in respect of an Eligible Individual; and and f) that the RTO is not entitled to and may not claim any additional funding or assistance from the Department Commission in relation to the Training Services. 8.3. Without limiting Clauses 16 and 17, Clause 15 or any other rights of the DepartmentCommission, the Department Commission may deduct from any payment of Funds due to the RTO under this VET Funding ContractAgreement in respect of Contact Hour Funds, or require seek payment from the RTO, RTO in respect of Contact Hour Funds: : a) any amounts due to the Department Commission by the RTO under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; Agreement; b) money paid for the provision of any Training Services to Eligible Individuals that the Department Commission is satisfied (in its absolute discretion) have not been provided by the RTO in accordance with this VET Funding Contract; Agreement; c) money expended by the Department Commission to make good any non-non compliance by the RTO with this VET Funding ContractAgreement; and and d) money paid by the Department Commission to auditors or reviewersauditors, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTO. 8.4. Where The RTO acknowledges that, if applicable, the Department requires a payment from Funds paid by the Commission to the RTO in accordance with Clause 7.3, the RTO will pay the amount due within 30 Business Days, or such other timeframe specified by the Department. GST Except as otherwise provided by this clause, all consideration payable respect of an Eligible Individual under this VET Funding Contract Agreement will be increased by an amount equal to any GST payable with respect to a Taxable Supply (if any). 8.5. The RTO must maintain a current agreement with the Commission allowing the Commission to issue an RCTI in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered all payments for GST. If which GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment notepayable.

FUNDING AND PAYMENTS. 8.1. Subject to Clauses 7.38.3 and 15, 16 and 17, during the Department Term the Commission agrees to pay the Funds in respect of each Eligible Individual Individuals to whom the RTO Board/Council is providing the Training Services. The Department Commission will make payment of the applicable Funds to the RTO Board/Council in accordance with procedures set out in Schedule 1 of the Schedules to this VET Funding ContractAgreement. 8.2. The RTO Board/Council acknowledges and agrees: : a) that the DepartmentCommission's payment of the Funds to the RTO Board/Council in respect of an Eligible Individual Individuals under this VET Funding Contract Agreement is conditional upon the Department Commission being satisfied (and continuing to be satisfied) that: : i. the Training Services are being provided by the RTO Board/Council to the relevant individual in accordance with this VET Funding ContractAgreement; and and ii. the Funds are being reasonably applied by the RTO for the purpose of Board/Council to the provision of the Training Services to that individual, or on matters that reasonably relate to providing the Training Services; ; b) that the Department Commission is only obliged to pay the Funds to the RTO Board/Council in respect of an Eligible Individual: Individuals: i. until, and on condition that, the Eligible Individual completes Individuals complete the training course or qualification, or part thereof, qualification in which they are enrolled; or or ii. until the Eligible Individual withdraws Individuals withdraw from the training course or qualification in which they are enrolled; ; c) that the Department may at its sole discretion vary any or all parts of the Funds that are to be paid to the RTO in respect of one or more Eligible Individuals under this VET Funding Contract on 10 Business Days written notice, including: for reasons of a change of policy; for reasons of ensuring the proper and responsible administration of the Funds and of the Department's Victorian Training Guarantee program budget; and in respect of an Eligible Individual who at the time a variation is made has already enrolled in and commenced an eligible course or qualification with the RTO during the period 1 January 2014 to 31 December 2016 inclusive. that the Department Commission will only pay the Funds under this VET Funding Contract Agreement in respect of an Eligible Individual Individuals to the RTO Board/Council and not to any other party; ; d) to use the Funds solely for the provision of Training Services to Eligible Individuals and otherwise in accordance with this Agreement; e) that the Funds and associated payment arrangements constitute the full extent of Funds available to the RTO Board/Council from the Department Commission for provision of the Training Services in respect of an Eligible IndividualIndividuals; and and f) that the RTO Board/Council is not entitled to and may not claim any additional funding or assistance from the Department Commission in relation to the Training Services. 8.3. Without limiting Clauses 16 and 17, Clause 15 or any other rights of the DepartmentCommission, the Department Commission may deduct from any payment of Funds due to the RTO Board/Council under this VET Funding ContractAgreement in respect of Contact Hour Funds, or require seek payment from the RTO, Board/Council in respect of Contact Hour Funds: : a) any amounts due to the Department Commission by the RTO Board/Council under this VET Funding Contract, or any earlier agreement between the Parties pursuant to the Victorian Training Guarantee Program or the Skills for Victoria Program; Agreement; b) money paid for the provision of any Training Services to Eligible Individuals that the Department Commission is satisfied (in its absolute discretion) have not been provided by the RTO Board/Council in accordance with this VET Funding Contract; Agreement; c) money expended by the Department Commission to make good any non-non compliance by the RTO Board/Council with this VET Funding ContractAgreement; and and d) money paid by the Department Commission to auditors or reviewersauditors, or any other authorised person, to verify the delivery, replacement or correction of any of the Training Services by the RTOBoard/Council. 8.4. Where the Department requires a payment from the RTO in accordance with Clause 7.3The Board/Council acknowledges that, if applicable, the RTO will pay the amount due within 30 Business Days, or such other timeframe specified Funds paid by the Department. GST Except as otherwise provided by this clause, all consideration payable Commission to the Board/Council in respect of Eligible Individuals under this VET Funding Contract Agreement will be increased by an amount equal to any GST payable with respect to a Taxable Supply (if any). 8.5. The Board/Council must maintain a current agreement with the Commission allowing the Commission to issue an RCTI in relation to any supply is exclusive of GST. All suppliers under this VET Funding Contract must be registered all payments for GST. If which GST is payable in respect of any supply made under this VET Funding Contract by a supplier under this VET Funding Contract, the Department will gross up the GST exclusive amounts by the amount equal to the GST payable and pay the amount of GST at the same time and in the same manner as the GST exclusive amount. The Department as a recipient of the taxable supply will issue to the supplier a Recipient Created Tax Invoice (RCTI) without entering into a separate RCTI Agreement, as each RCTI issued by the Department contains an embedded RCTI Agreement. If an adjustment event occurs in relation to a taxable supply under this VET Funding Contract, the Department will provide to the supplier a recipient created adjustment notepayable.