Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a person:
(a) has been paid an amount of a kind referred to in paragraph (a), (aa) or (b) of the definition of debt in section 38; or
(b) incurs an amount referred to in paragraph (c) of that definition;
the amount is a debt owed by the person to the Commonwealth.
(2) A debt that arises under subsection (1) because of an ABSTUDY student start - up loan overpayment is taken to have arisen when the person is paid the loan to which the overpayment relates.