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Student Assistance Act 1973
In force
Administered by
Department of Social Services
Superseded version
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C2023C00140 (C62)
29 June 2023
-
13 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
5 Binding of the Crown
5A Extension of Act
5B Secretary to have general administration
5C Principles of administration
5D Minister may determine secondary and tertiary courses etc.
5E Application of the Criminal Code
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Part 2—ABSTUDY student start up loans
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Division 1—Introduction
6A Simplified outline of this Part
Division 2—Qualification for and amount of ABSTUDY student start up loan
7A Simplified outline of this Division
7B ABSTUDY Scheme
7C Qualification for ABSTUDY student start up loan
7D Circumstances in which person is not qualified for ABSTUDY student start up loan
7E Amount of ABSTUDY student start up loan
Division 3—Indebtedness: incurring ABSTUDY SSL debts
8A Simplified outline of this Division
8B ABSTUDY SSL debts
8C ABSTUDY SSL debt discharged by death
8D Notice to Commissioner
Division 4—Indebtedness: working out accumulated ABSTUDY SSL debts
9A Simplified outline of this Division
9B Stage 1—working out a former accumulated ABSTUDY SSL debt
9C Stage 2—working out an accumulated ABSTUDY SSL debt
9D Rounding of amounts
9E Accumulated ABSTUDY SSL debt discharges earlier debts
9F Accumulated ABSTUDY SSL debt discharged by death
Division 5—Discharge of indebtedness
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Subdivision A—Introduction
10A Simplified outline of this Division
10B Debts under this Part
Subdivision B—Voluntary discharge of indebtedness
10C Voluntary ABSTUDY SSL repayments in respect of debts
10D Application of voluntary ABSTUDY SSL repayments
10E Refunding of payments
Subdivision C—Compulsory discharge of indebtedness
10F Liability to repay amounts
10G Repayable ABSTUDY SSL debt for an income year
Subdivision D—Assessments
10H Commissioner may make assessments
10J Notification of notices of assessment of tax
10K Commissioner may defer making assessments
10L Commissioner may amend assessments
Division 6—Tax administration matters
11A Simplified outline of this Division
11B Verification of tax file numbers
11C When person with tax file number incorrectly notifies number
11D When person without tax file number incorrectly notifies number
11E When tax file numbers are altered
11F When tax file numbers are cancelled
11G Returns, assessments, collection and recovery
11H Charges and civil penalties for failing to meet obligations
11J Pay as you go (PAYG) withholding
11K Pay as you go (PAYG) instalments
11L Administration of this Part
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Part 4A—Financial supplement for tertiary students
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Division 1—Preliminary
12A Object and explanation of this Part
12B Interpretation
12C Which students are eligible for financial supplement
12D Agreements between Commonwealth and financial corporations
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Division 2—Applications for financial supplement
12E Explanation of Division
12F Secretary to give student notice of entitlement
12G When must a person apply for financial supplement?
12GA Student may give notice to participating corporation to increase or decrease financial supplement
12H Effect of financial supplement on certain other benefits
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Division 3—Payment of financial supplement
12J Explanation of Division
12K Contract between applicant for financial supplement and participating corporation
12KA Cooling off period for financial supplement contract
12KB Person may waive right to cancel contract
12L Financial supplement contract exempt from certain laws and taxes
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Division 4—Payments under financial supplement contract to stop in certain circumstances
12P Explanation of Division
12Q Payments to stop at request of student
12QA Payments to eligible student to stop if the maximum amount of financial supplement is reduced to less than the amount already paid
12QB What happens if financial supplement was paid to eligible student after student failed to notify change of circumstances
12QC What happens if financial supplement was paid to eligible student because of the provision of false or misleading information
12R Payments to stop if student ceases to be eligible for financial supplement
12S What happens if student fails to notify change in circumstances
12T Payments to stop if student is found never to have been eligible for financial supplement
12U What happens if financial supplement was paid because of provision of false or misleading information
12V Death of student
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Division 5—Repayments of financial supplement during contract period
12W Explanation of Division
12X Calculation of amount outstanding under financial supplement contract
12Y Indexation amount
12Z Notice to student of amount outstanding in respect of financial supplement
12ZA Rights of student during contract period to make repayments in respect of financial supplement
12ZB What happens at end of contract period
12ZC Notice to student
12ZD Requests for correction of notices
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Division 6—Indebtedness existing after termination date
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Subdivision A—Introductory
12ZE Explanation of Division
12ZEA Extent of Commissioner’s general administration of this Division
12ZF FS debt and accumulated FS debt
12ZG Accumulated FS debt discharges earlier debts
12ZH Notice and a certificate to Commissioner
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Subdivision B—Voluntary discharge of indebtedness
12ZJ Voluntary payments in respect of FS debts
12ZJA Refunding of payments
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Subdivision C—Requirement to discharge indebtedness
12ZK Compulsory payments in respect of accumulated FS debt
12ZL Repayment income
12ZLA Minimum repayment income
12ZLB Repayable debt for an income year
12ZLC Amounts payable to the Commonwealth
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Subdivision D—Returns and assessments
12ZM Assessment
12ZN Application of tax legislation
12ZNA Charges and administrative penalties for failing to meet obligations
12ZNB Pay as you go (PAYG) withholding
12ZND Pay as you go (PAYG) instalments
12ZO How notices of assessment may be served
12ZP Power of Commissioner to defer assessment or reduce assessment to nil
12ZQ Review of decision of Commissioner
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Subdivision E—Miscellaneous
12ZR Benefits to students under student financial supplement scheme not subject to taxation
12ZS Application of payments
12ZT Indebtedness discharged by death
12ZU Secrecy
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Division 7—General
12ZV Explanation of Division
12ZW Application of the Bankruptcy Act
12ZX What happens if a decision of Secretary is set aside or varied
12ZY Notices of assignment
12ZZ Assignments etc. not subject to State or Territory taxes
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Part 6—Overpayments arising under this Act and certain administrative schemes
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Division 1—Debts recoverable by the Commonwealth
38 Definitions
38A ABSTUDY student start up loan overpayments
39 Debts are recoverable by the Commonwealth
39AA Recovery of certain debts from current special educational assistance scheme payments
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Division 2—Recovery of debts
40 Notice in respect of relevant debt
41 Interest charge—no repayment arrangement in effect
41A Interest charge—failure to comply with or termination of repayment arrangement
41B When interest charge becomes due and payable
41C What is the interest charge rate?
41D Exemption from interest charge—general
41E Exemption from interest charge—Secretary’s determination
41F Arrangement for payment of relevant debt
41G Guidelines on interest charge provisions
42 Recovery of certain overpayments from third parties
42A Recovery of amounts from financial institutions
42B No time limit on debt recovery action
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Division 3—Non recovery of debts
43 Secretary may write off debt
43A Power to waive Commonwealth’s right to recover debt
43B Waiver of debt arising from error
43C Waiver of debt relating to an offence
43D Waiver of small debt
43E Waiver in relation to settlements
43F Waiver in special circumstances
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Division 4—Departure prohibition orders
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Subdivision A—Secretary may make departure prohibition orders
43G Secretary may make departure prohibition orders
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Subdivision B—Departure from Australia of debtors prohibited
43H Departure from Australia of debtors prohibited
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Subdivision C—Other rules for departure prohibition orders
43J Notification requirements for departure prohibition orders
43K Operation of departure prohibition order
43L Revocation and variation of departure prohibition orders
43M Notification requirements for revocations and variations
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Subdivision D—Departure authorisation certificates
43N Application for departure authorisation certificate
43P When Secretary must issue departure authorisation certificate
43Q Security for person’s return to Australia
43R What departure authorisation certificate must authorise
43S Notification requirements for departure authorisation certificates
43T Notification requirements for substituted days
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Subdivision E—Appeals and review in relation to departure prohibition orders and departure authorisation certificates
43U Appeals to courts against making of departure prohibition orders
43V Jurisdiction of courts
43W Orders of court on appeal
43X Review of decisions
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Subdivision F—Enforcement
43Y Powers of officers of Customs and members of the Australian Federal Police
43Z Privilege against self incrimination
43ZA Production of authority to depart
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Subdivision G—Interpretation
43ZB Interpretation—departure from Australia for foreign country
43ZC Meaning of Australia
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Part 7—Miscellaneous
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Division 1—Provision and use of tax file numbers
45 Requesting tax file numbers
46 How request for tax file number is satisfied
47 Consequences of not giving tax file number
47A Use of tax file numbers
48 Obligation to notify happening of certain events
49 Offences
50 Proceedings against corporations
51 Evidentiary certificates
55 Time for instituting criminal proceedings
55A Appropriation
56 Regulations
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Part 9—Review of decisions
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Division 1—Internal review
302 Application of Division
303 Secretary may review decisions
304 Application for review
305 Secretary may continue payment pending outcome of application for review
306 Powers of Secretary or authorised review officer if application for review
308 Notification of further rights of review
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Division 1A—Internal review of certain Commissioner decisions relating to ABSTUDY student start up loans
308A Decisions reviewable under this Division
308B Commissioner must give reasons for reviewable decisions
308C Reviewer of decisions
308D Reviewer may reconsider reviewable decisions
308E Notice to AAT Registrar
308F Reconsideration of reviewable decisions on request
308G Withdrawal of request
308H AAT review of reviewable decisions
308J Decision changed before AAT review completed
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Division 2—Review by Administrative Appeals Tribunal
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Subdivision A—Preliminary
309 Simplified outline of this Division
310 Application of Division
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Subdivision B—AAT first review
311 Application for AAT first review
311A Person who made the decision
312 Time limit for application for AAT first review
313 Operation and implementation of decision under AAT first review
314 Secretary may continue payment pending outcome of application for AAT first review
315 Variation of original decision after application is made for AAT first review
316 Powers of AAT for purposes of AAT first review
317 Certain decisions on AAT first review
318 Notification of decisions and reasons for AAT first review
319 Secretary or AAT may treat event as having occurred if decision set aside on AAT first review
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Subdivision C—AAT second review
320 Application for AAT second review
322 Parties to AAT second review
323 Operation and implementation of decision subject to AAT second review
324 Variation of original decision after application is made for AAT second review
325 Failure of party to appear at AAT second review
326 Secretary may treat event as having occurred if decision set aside on AAT second review
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Subdivision D—Matters relating to both AAT first review and AAT second review
327 Settlement of proceedings before the AAT
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Part 10—Administration
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Division 1—General administration
338 Delegation
339 Authorised review officers
340 Decisions to be in writing
341 Notice of decisions
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Division 2—Information gathering
342 Application
342A Reasonable belief needed to require information or documents
343 General power to obtain information
344 Power to obtain information from a person who owes a debt to the Commonwealth
345 Power to obtain information about a person who owes a debt to the Commonwealth
347 Provisions relating to requirements
347A Self incrimination
347B Use of information in investigations etc.
348 Relationship with other laws
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Division 3—Confidentiality
350 Operation of section 12ZU unaffected
350A Definitions
351 Permitted obtaining of, making a record of, disclosure of or use of protected information
351A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information
351B Secretary may arrange for use of computer programs to make decisions
352 Offence—unauthorised obtaining of protected information
353 Offence—unauthorised making a record of, disclosure of or use of protected information
354 Protection extends to court, tribunal etc. proceedings
355 Secretary’s certificate
356 Guidelines for exercise of Secretary’s disclosure powers
357 Offence—soliciting disclosure of protected information
358 Making untrue representations for purpose of soliciting disclosure of protected information
359 Offences—offering to supply protected information
360 Officer’s oath or declaration
361 Freedom of Information Act not affected
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
