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Student Assistance Act 1973
No. 155, 1973
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In force
Administered by
Department of Social Services
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C2015C00171 C43
25 March 2015
-
30 June 2015
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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 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
12ZLD Publishing indexed amounts
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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 What is a debt?
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
39A Secretary may allow payment of debt by instalments
40 Late payment charge and interest in relation to overpayment of a benefit
41 Determination that late payment interest not to be payable in relation to certain periods
42 Recovery of certain overpayments from third parties
42A Recovery of amounts from financial institutions
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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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Part 7—Miscellaneous
44A Provision 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 2—Review by Social Security Appeals Tribunal
309 Application of Division
310 SSAT objectives
311 Application for review by SSAT
313 Non-reviewable decisions
314 Secretary may continue payment pending outcome of application for review
316 SSAT review powers
318 Date of effect of SSAT decisions
320 Application requirements
321 Variation of decision before review completed
322 Parties to SSAT review
322A Dismissal of application for review by SSAT
322B Applicant for review may discontinue or withdraw application
322C Notification of decisions
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Division 3—Right to review by Administrative Appeals Tribunal
323 Application of Division
324 Review of SSAT decision by AAT
325 Variation of decision before AAT review completed
326A Secretary may settle proceedings before the Administrative Appeals Tribunal
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Division 4—Modification of the Administrative Appeals Tribunal Act 1975
327 Modification of the Administrative Appeals Tribunal Act
329 Notice of application for review
330 Parties to review by the AAT
331 Lodging documents with the AAT
332 Power of the AAT to obtain additional statements
333 Operation and implementation of the decision under review
334 Power of the AAT if party fails to appear
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Part 10—Administration
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Division 1—General administration
335 Government policy statements
336 The Secretary and Principal Member may agree on administrative arrangements
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
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
348 State/Territory law does not affect obligations to provide information
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Division 3—Confidentiality
350 Operation of section 12ZU unaffected
351 Protection of personal information
352 Offence—unauthorised access to protected information
353 Offence—unauthorised 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