Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 12QA

  (1)   If:

  (a)   the Secretary reviews the decision (the original decision ) made in respect of the student under section   12F; and

  (b)   the student remains an eligible student in respect of the year or part of the year to which the student's financial supplement contract relates; and

  (c)   as a result of the review the Secretary varies the original decision so that the maximum amount (the original amount ) of financial supplement that the student is eligible to obtain under the financial supplement contract is reduced (the revised amount ); and

  (d)   the revised amount is less than the amount of financial supplement that the student has already been paid under the financial supplement contract;

the Secretary must give written notice to the student and to a participating corporation that must include the following:

  (e)   the revised amount that the student is eligible to obtain;

  (f)   the amount of financial supplement paid in excess of the revised amount;

  (g)   a statement that the corporation must cease paying financial supplement to the student.

  (2)   If notice is given to the corporation under subsection   (1), then, unless the decision of the Secretary under subsection   (1) is set aside or varied:

  (a)   as from the time the notice is given to the corporation, the corporation is discharged from liability to make further payments to the student under the contract; and

  (b)   if, despite paragraph   (a), the corporation makes payments to the student after that time, any amounts so paid after the end of 4 weeks after the notice is given to the corporation:

  (i)   are taken not to be payments of financial supplement; and

  (ii)   are repayable by the student to the corporation; and

  (iii)   may be recoverable by the corporation as a debt due to it by the student.

  (3)   This section has effect subject to section   12ZX.