Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 314

Secretary may declare payment to continue

  (1)   If:

  (a)   a decision to which this Division applies is an adverse decision; and

  (b)   the adverse decision depends on:

  (i)   the exercise of a discretion by a person; or

  (ii)   the holding of an opinion by a person; and

  (c)   a person makes an application for ART review of the adverse decision;

the Secretary may declare that payment of financial supplement to which the decision relates is to continue, pending the determination of the ART review, as if the adverse decision had not been made.

Written declaration

  (2)   A declaration under subsection   (1) is to be in writing.

Act applies as if decision not made

  (3)   While a declaration under subsection   (1) is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made.

Start and cessation of declaration

  (4)   A declaration under subsection   (1) in relation to an adverse decision:

  (a)   starts to have effect on the day on which the declaration is made or on the earlier day (if any) stated in the declaration; and

  (b)   stops having effect if:

  (i)   the ART dismisses the application for ART review of the adverse decision; or

  (ii)   the ART determines the ART review of the adverse decision; or

  (iii)   the Secretary revokes the declaration.

Holding of an opinion

  (5)   A reference in subsection   (1) to a person's holding of an opinion is a reference to the person's holding that opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned.

Adverse decision

  (6)   In this section:

"adverse decision" means a decision under section   12R or 12T to stop the payment of financial supplement to a person.