Student Assistance Act 1973

Part 6 - Overpayments arising under this Act and certain administrative schemes  

Division 1 - Debts recoverable by the Commonwealth  

SECTION 39   DEBTS ARE RECOVERABLE BY THE COMMONWEALTH  

39(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.

39(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.