Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973

TABLE OF PROVISIONS

           Long Title

   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  

   PART 2--ABSTUDY--STUDENT START-UP LOANS

           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

              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  

   PART 4A--FINANCIAL--SUPPLEMENT FOR TERTIARY STUDENTS

           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  

           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  

           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  

           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  

           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  

           Division 6--Indebtedness existing after termination date

              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  

              Subdivision B--Voluntary discharge of indebtedness

   12ZJ.   Voluntary payments in respect of FS debts  
   12ZJA.  Refunding of payments  

              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  

              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  

              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  

           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  

   PART 6--OVERPAYMENTS--ARISING UNDER THIS ACT AND CERTAIN ADMINISTRATIVE SCHEMES

           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  

           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  

           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  

           Division 4--Departure prohibition orders

              Subdivision A--Secretary may make departure prohibition orders

   43G.    Secretary may make departure prohibition orders  

              Subdivision B--Departure from Australia of debtors prohibited

   43H.    Departure from Australia of debtors prohibited  

              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  

              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  

              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  

              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  

              Subdivision G--Interpretation

   43ZB.   Interpretation--departure from Australia for foreign country  
   43ZC.   Meaning of Australia  

   PART 7--MISCELLANEOUS

           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  

   PART 9--REVIEW--OF DECISIONS

           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  

           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 ART Principal Registrar  
   308F.   Reconsideration of reviewable decisions on request  
   308G.   Withdrawal of request  
   308H.   ART review of reviewable decisions  
   308J.   Decision changed before ART review completed  

           Division 2--Review by ART

              Subdivision A--Preliminary

   309.    Simplified outline of this Division  
   310.    Application of Division  

              Subdivision B--ART review

   311.    Application for ART review  
   311A.   Person who made the decision  
   311B.   Decision - maker taken to have elected not to participate in ART review proceeding  
   312.    Time limit for application for certain ART reviews  
   313.    Operation and implementation of decision under ART review  
   313A.   Remitting decisions for reconsideration  
   313B.   Requesting reasons for decision  
   313C.   Legal or financial assistance  
   314.    Secretary may continue payment pending outcome of application for ART review  
   315.    Variation of original decision after application is made for ART review  
   315A.   Hearing of certain ART reviews in private  
   316.    Powers of ART for purposes of ART review  
   317.    Certain decisions on ART review  
   319.    Secretary or ART may treat event as having occurred if decision set aside on ART review  

              Subdivision D--Matters relating to reviews by the ART

   327.    Settlement of proceedings before the ART  

   PART 10--ADMINISTRATION

           Division 1--General administration

   338.    Delegation  
   339.    Authorised review officers  
   340.    Decisions to be in writing  
   341.    Notice of decisions  

           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  

           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