Clause 13

by deleting the words “out of moneys not in the Skills Development Fund” in subsections (1)(a) and (3);

by deleting the words “by the Agency under section 57” in subsection (1)(b) and substituting the words “under section 57 or 57A, or to the Agency in connection with any function or duty of the Agency under this Act”;

by deleting the words “by the Agency under section 57 to provide” in subsection (1)(c) and substituting the words “to provide under section 57 or 57A”; and

by inserting, immediately after subsection (3), the following subsections:“(4) The court before which a person is convicted of an offence under subsection (1)(a) may, in addition to imposing the punishment under subsection (2), order the person to repay to the Agency an amount which consists of —

the amount of the incentive, grant or loan that the Agency gave to the person as a result of the false or misleading statement mentioned in subsection (1)(a); but(b)excludes any amount that the Agency would have given the person without that false or misleading statement.(5) Section 57D(2) and (3) applies to an order of the court for the repayment under subsection (4), with the necessary modifications.”.