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Thursday, 3 March 1932

Clause 18.

Notwithstanding the preceding provisions of this act, if, in the final judgment of the High Court in any proceedings to which the Commonwealth is a party, or in which it has been granted leave to intervene, the question of the amount due and payable and unpaid by a State to the Commonwealth under or in pursuance of the Financial Agreements is in issue, and it is declared that no amount was so due and payable and unpaid by the State to the Commonwealth at the date of the certificate of the Auditor-General, or that a, smaller amount than the amount set forth in that certificate was then due and payable and unpaid, the moneys received by the Commonwealth, in respect of that State, under or by virtue of this act, shall be paid by the Common wealth to the State, subject to all such allowances as, in the opinion of the High Court, may be just in respect of -

(a)   such amount (if any) as has been applied by the Commonwealth in discharge of any liabilities of the State which have accrued under the Financial Agreements, for the amount of which liabilities the Commonwealth is or was directly or indirectly liable under those agreements;

(b)   such amount (if any) as has already been paid by the Commonwealth to the State in pursuance of this act; and

(c)   expenses incurred by the Commonwealth by reason of the application of this act in relation to the State, including the expenses of collecting, accounting for, paying and trans mitting moneys.

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