Legal database - View: Student Assistance Act 1973

Student Assistance Act 1973
Part 1 - Preliminary
SECTION 1 SHORT TITLE
SECTION 2 COMMENCEMENT
SECTION 3 INTERPRETATION
SECTION 5 BINDING OF THE CROWN
SECTION 5A EXTENSION OF ACT
SECTION 5B SECRETARY TO HAVE GENERAL ADMINISTRATION
SECTION 5C PRINCIPLES OF ADMINISTRATION
SECTION 5D MINISTER MAY DETERMINE SECONDARY AND TERTIARY COURSES ETC.
SECTION 5E APPLICATION OF THE CRIMINAL CODE
Part 2 - ABSTUDY student start-up loans
Division 1 - Introduction
SECTION 6A SIMPLIFIED OUTLINE OF THIS PART
Division 2 - Qualification for and amount of ABSTUDY student start-up loan
SECTION 7A SIMPLIFIED OUTLINE OF THIS DIVISION
SECTION 7B ABSTUDY SCHEME
SECTION 7C QUALIFICATION FOR ABSTUDY STUDENT START-UP LOAN
SECTION 7D CIRCUMSTANCES IN WHICH PERSON IS NOT QUALIFIED FOR ABSTUDY STUDENT START-UP LOAN
SECTION 7E AMOUNT OF ABSTUDY STUDENT START-UP LOAN
Division 3 - Indebtedness: incurring ABSTUDY SSL debts
SECTION 8A SIMPLIFIED OUTLINE OF THIS DIVISION
SECTION 8B ABSTUDY SSL DEBTS
SECTION 8C ABSTUDY SSL DEBT DISCHARGED BY DEATH
SECTION 8D NOTICE TO COMMISSIONER
Division 4 - Indebtedness: working out accumulated ABSTUDY SSL debts
SECTION 9A SIMPLIFIED OUTLINE OF THIS DIVISION
SECTION 9B STAGE 1 - WORKING OUT A FORMER ACCUMULATED ABSTUDY SSL DEBT
SECTION 9C STAGE 2 - WORKING OUT AN ACCUMULATED ABSTUDY SSL DEBT
SECTION 9D ROUNDING OF AMOUNTS
SECTION 9E ACCUMULATED ABSTUDY SSL DEBT DISCHARGES EARLIER DEBTS
SECTION 9F ACCUMULATED ABSTUDY SSL DEBT DISCHARGED BY DEATH
Division 5 - Discharge of indebtedness
Subdivision A - Introduction
SECTION 10A SIMPLIFIED OUTLINE OF THIS DIVISION
SECTION 10B DEBTS UNDER THIS PART
Subdivision B - Voluntary discharge of indebtedness
SECTION 10C VOLUNTARY ABSTUDY SSL REPAYMENTS IN RESPECT OF DEBTS
SECTION 10D APPLICATION OF VOLUNTARY ABSTUDY SSL REPAYMENTS
SECTION 10E REFUNDING OF PAYMENTS
Subdivision C - Compulsory discharge of indebtedness
SECTION 10F LIABILITY TO REPAY AMOUNTS
SECTION 10G REPAYABLE ABSTUDY SSL DEBT FOR AN INCOME YEAR
Subdivision D - Assessments
SECTION 10H COMMISSIONER MAY MAKE ASSESSMENTS
SECTION 10J NOTIFICATION OF NOTICES OF ASSESSMENT OF TAX
SECTION 10K COMMISSIONER MAY DEFER MAKING ASSESSMENTS
SECTION 10L COMMISSIONER MAY AMEND ASSESSMENTS
Division 6 - Tax administration matters
SECTION 11A SIMPLIFIED OUTLINE OF THIS DIVISION
SECTION 11B VERIFICATION OF TAX FILE NUMBERS
SECTION 11C WHEN PERSON WITH TAX FILE NUMBER INCORRECTLY NOTIFIES NUMBER
SECTION 11D WHEN PERSON WITHOUT TAX FILE NUMBER INCORRECTLY NOTIFIES NUMBER
SECTION 11E WHEN TAX FILE NUMBERS ARE ALTERED
SECTION 11F WHEN TAX FILE NUMBERS ARE CANCELLED
SECTION 11G RETURNS, ASSESSMENTS, COLLECTION AND RECOVERY
SECTION 11H CHARGES AND CIVIL PENALTIES FOR FAILING TO MEET OBLIGATIONS
SECTION 11J PAY AS YOU GO (PAYG) WITHHOLDING
SECTION 11K PAY AS YOU GO (PAYG) INSTALMENTS
SECTION 11L ADMINISTRATION OF THIS PART
Part 4A - Financial Supplement for Tertiary Students
Division 1 - Preliminary
SECTION 12A OBJECT AND EXPLANATION OF THIS PART
SECTION 12B INTERPRETATION
SECTION 12C WHICH STUDENTS ARE ELIGIBLE FOR FINANCIAL SUPPLEMENT
SECTION 12D AGREEMENTS BETWEEN COMMONWEALTH AND FINANCIAL CORPORATIONS
Division 2 - Applications for financial supplement
SECTION 12E EXPLANATION OF DIVISION
SECTION 12F SECRETARY TO GIVE STUDENT NOTICE OF ENTITLEMENT
SECTION 12G WHEN MUST A PERSON APPLY FOR FINANCIAL SUPPLEMENT?
SECTION 12GA STUDENT MAY GIVE NOTICE TO PARTICIPATING CORPORATION TO INCREASE OR DECREASE FINANCIAL SUPPLEMENT
SECTION 12H EFFECT OF FINANCIAL SUPPLEMENT ON CERTAIN OTHER BENEFITS
Division 3 - Payment of financial supplement
SECTION 12J EXPLANATION OF DIVISION
SECTION 12K CONTRACT BETWEEN APPLICANT FOR FINANCIAL SUPPLEMENT AND PARTICIPATING CORPORATION
SECTION 12KA COOLING OFF PERIOD FOR FINANCIAL SUPPLEMENT CONTRACT
SECTION 12KB PERSON MAY WAIVE RIGHT TO CANCEL CONTRACT
SECTION 12L FINANCIAL SUPPLEMENT CONTRACT EXEMPT FROM CERTAIN LAWS AND TAXES
SECTION 12M STUDENTS (FINANCIAL SUPPLEMENT) ACCOUNT
SECTION 12N HOW PAYMENTS OF FINANCIAL SUPPLEMENT ARE TO BE MADE
Division 4 - Payments under financial supplement contract to stop in certain circumstances
SECTION 12P EXPLANATION OF DIVISION
SECTION 12Q PAYMENTS TO STOP AT REQUEST OF STUDENT
SECTION 12QA PAYMENTS TO ELIGIBLE STUDENT TO STOP IF THE MAXIMUM AMOUNT OF FINANCIAL SUPPLEMENT IS REDUCED TO LESS THAN THE AMOUNT ALREADY PAID
SECTION 12QB WHAT HAPPENS IF FINANCIAL SUPPLEMENT WAS PAID TO ELIGIBLE STUDENT AFTER STUDENT FAILED TO NOTIFY CHANGE OF CIRCUMSTANCES
SECTION 12QC WHAT HAPPENS IF FINANCIAL SUPPLEMENT WAS PAID TO ELIGIBLE STUDENT BECAUSE OF THE PROVISION OF FALSE OR MISLEADING INFORMATION
SECTION 12R PAYMENTS TO STOP IF STUDENT CEASES TO BE ELIGIBLE FOR FINANCIAL SUPPLEMENT
SECTION 12S WHAT HAPPENS IF STUDENT FAILS TO NOTIFY CHANGE IN CIRCUMSTANCES
SECTION 12T PAYMENTS TO STOP IF STUDENT IS FOUND NEVER TO HAVE BEEN ELIGIBLE FOR FINANCIAL SUPPLEMENT
SECTION 12U WHAT HAPPENS IF FINANCIAL SUPPLEMENT WAS PAID BECAUSE OF PROVISION OF FALSE OR MISLEADING INFORMATION
SECTION 12V DEATH OF STUDENT
Division 5 - Repayments of financial supplement during contract period
SECTION 12W EXPLANATION OF DIVISION
SECTION 12X CALCULATION OF AMOUNT OUTSTANDING UNDER FINANCIAL SUPPLEMENT CONTRACT
SECTION 12Y INDEXATION AMOUNT
SECTION 12Z NOTICE TO STUDENT OF AMOUNT OUTSTANDING IN RESPECT OF FINANCIAL SUPPLEMENT
SECTION 12ZA RIGHTS OF STUDENT DURING CONTRACT PERIOD TO MAKE REPAYMENTS IN RESPECT OF FINANCIAL SUPPLEMENT
SECTION 12ZB WHAT HAPPENS AT END OF CONTRACT PERIOD
SECTION 12ZC NOTICE TO STUDENT
SECTION 12ZD REQUESTS FOR CORRECTION OF NOTICES
Division 6 - Indebtedness existing after termination date
Subdivision A - Introductory
SECTION 12ZE EXPLANATION OF DIVISION
SECTION 12ZEA EXTENT OF COMMISSIONER ' S GENERAL ADMINISTRATION OF THIS DIVISION
SECTION 12ZF FS DEBT AND ACCUMULATED FS DEBT
SECTION 12ZG ACCUMULATED FS DEBT DISCHARGES EARLIER DEBTS
SECTION 12ZH NOTICE AND A CERTIFICATE TO COMMISSIONER
Subdivision B - Voluntary discharge of indebtedness
SECTION 12ZJ VOLUNTARY PAYMENTS IN RESPECT OF FS DEBTS
SECTION 12ZJA REFUNDING OF PAYMENTS
Subdivision C - Requirement to discharge indebtedness
SECTION 12ZK COMPULSORY PAYMENTS IN RESPECT OF ACCUMULATED FS DEBT
SECTION 12ZL REPAYMENT INCOME
SECTION 12ZLA MINIMUM REPAYMENT INCOME
SECTION 12ZLB REPAYABLE DEBT FOR AN INCOME YEAR
SECTION 12ZLC AMOUNTS PAYABLE TO THE COMMONWEALTH
SECTION 12ZLD PUBLISHING INDEXED AMOUNTS
Subdivision D - Returns and assessments
SECTION 12ZM ASSESSMENT
SECTION 12ZN Application of tax legislation
SECTION 12ZNA CHARGES AND ADMINISTRATIVE PENALTIES FOR FAILING TO MEET OBLIGATIONS
SECTION 12ZNB PAY AS YOU GO (PAYG) WITHHOLDING
SECTION 12ZNC PROVISIONAL TAX
SECTION 12ZND PAY AS YOU GO (PAYG) INSTALMENTS
SECTION 12ZO HOW NOTICES OF ASSESSMENT MAY BE SERVED
SECTION 12ZP POWER OF COMMISSIONER TO DEFER ASSESSMENT OR REDUCE ASSESSMENT TO NIL
SECTION 12ZQ REVIEW OF DECISION OF COMMISSIONER
Subdivision E - Miscellaneous
SECTION 12ZR BENEFITS TO STUDENTS UNDER STUDENT FINANCIAL SUPPLEMENT SCHEME NOT SUBJECT TO TAXATION
SECTION 12ZS APPLICATION OF PAYMENTS
SECTION 12ZT INDEBTEDNESS DISCHARGED BY DEATH
SECTION 12ZU SECRECY
Division 7 - General
SECTION 12ZV EXPLANATION OF DIVISION
SECTION 12ZW APPLICATION OF THE BANKRUPTCY ACT
SECTION 12ZX WHAT HAPPENS IF A DECISION OF SECRETARY IS SET ASIDE OR VARIED
SECTION 12ZY NOTICES OF ASSIGNMENT
SECTION 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
SECTION 38 DEFINITIONS
SECTION 38A ABSTUDY STUDENT START-UP LOAN OVERPAYMENTS
SECTION 39 DEBTS ARE RECOVERABLE BY THE COMMONWEALTH
SECTION 39AA RECOVERY OF CERTAIN DEBTS FROM CURRENT SPECIAL EDUCATIONAL ASSISTANCE SCHEME PAYMENTS
Division 2 - Recovery of debts
SECTION 39A SECRETARY MAY ALLOW PAYMENT OF DEBT BY INSTALMENTS
SECTION 40 NOTICE IN RESPECT OF RELEVANT DEBT
SECTION 41 INTEREST CHARGE - NO REPAYMENT ARRANGEMENT IN EFFECT
SECTION 41A INTEREST CHARGE - FAILURE TO COMPLY WITH OR TERMINATION OF REPAYMENT ARRANGEMENT
SECTION 41B WHEN INTEREST CHARGE BECOMES DUE AND PAYABLE
SECTION 41C WHAT IS THE INTEREST CHARGE RATE ?
SECTION 41D EXEMPTION FROM INTEREST CHARGE - GENERAL
SECTION 41E EXEMPTION FROM INTEREST CHARGE - SECRETARY ' S DETERMINATION
SECTION 41F ARRANGEMENT FOR PAYMENT OF RELEVANT DEBT
SECTION 41G GUIDELINES ON INTEREST CHARGE PROVISIONS
SECTION 42 RECOVERY OF CERTAIN OVERPAYMENTS FROM THIRD PARTIES
SECTION 42A RECOVERY OF AMOUNTS FROM FINANCIAL INSTITUTIONS
SECTION 42B NO TIME LIMIT ON DEBT RECOVERY ACTION
Division 3 - Non-recovery of debts
SECTION 43 SECRETARY MAY WRITE OFF DEBT
SECTION 43A POWER TO WAIVE COMMONWEALTH'S RIGHT TO RECOVER DEBT
SECTION 43B WAIVER OF DEBT ARISING FROM ERROR
SECTION 43C WAIVER OF DEBT RELATING TO AN OFFENCE
SECTION 43D WAIVER OF SMALL DEBT
SECTION 43E WAIVER IN RELATION TO SETTLEMENTS
SECTION 43F WAIVER IN SPECIAL CIRCUMSTANCES
Division 4 - Departure prohibition orders
Subdivision A - Secretary may make departure prohibition orders
SECTION 43G SECRETARY MAY MAKE DEPARTURE PROHIBITION ORDERS
Subdivision B - Departure from Australia of debtors prohibited
SECTION 43H DEPARTURE FROM AUSTRALIA OF DEBTORS PROHIBITED
Subdivision C - Other rules for departure prohibition orders
SECTION 43J NOTIFICATION REQUIREMENTS FOR DEPARTURE PROHIBITION ORDERS
SECTION 43K OPERATION OF DEPARTURE PROHIBITION ORDER
SECTION 43L REVOCATION AND VARIATION OF DEPARTURE PROHIBITION ORDERS
SECTION 43M NOTIFICATION REQUIREMENTS FOR REVOCATIONS AND VARIATIONS
Subdivision D - Departure authorisation certificates
SECTION 43N APPLICATION FOR DEPARTURE AUTHORISATION CERTIFICATE
SECTION 43P WHEN SECRETARY MUST ISSUE DEPARTURE AUTHORISATION CERTIFICATE
SECTION 43Q SECURITY FOR PERSON ' S RETURN TO AUSTRALIA
SECTION 43R WHAT DEPARTURE AUTHORISATION CERTIFICATE MUST AUTHORISE
SECTION 43S NOTIFICATION REQUIREMENTS FOR DEPARTURE AUTHORISATION CERTIFICATES
SECTION 43T NOTIFICATION REQUIREMENTS FOR SUBSTITUTED DAYS
Subdivision E - Appeals and review in relation to departure prohibition orders and departure authorisation certificates
SECTION 43U APPEALS TO COURTS AGAINST MAKING OF DEPARTURE PROHIBITION ORDERS
SECTION 43V JURISDICTION OF COURTS
SECTION 43W ORDERS OF COURT ON APPEAL
SECTION 43X REVIEW OF DECISIONS
Subdivision F - Enforcement
SECTION 43Y POWERS OF OFFICERS OF CUSTOMS AND MEMBERS OF THE AUSTRALIAN FEDERAL POLICE
SECTION 43Z PRIVILEGE AGAINST SELF-INCRIMINATION
SECTION 43ZA PRODUCTION OF AUTHORITY TO DEPART
Subdivision G - Interpretation
SECTION 43ZB INTERPRETATION - DEPARTURE FROM AUSTRALIA FOR FOREIGN COUNTRY
SECTION 43ZC MEANING OF AUSTRALIA
Part 7 - Miscellaneous
Division 1 - Provision and use of tax file numbers
SECTION 44A PROVISION OF TAX FILE NUMBERS
SECTION 45 REQUESTING TAX FILE NUMBERS
SECTION 46 HOW REQUEST FOR TAX FILE NUMBER IS SATISFIED
SECTION 47 CONSEQUENCES OF NOT GIVING TAX FILE NUMBER
SECTION 47A USE OF TAX FILE NUMBERS
SECTION 48 OBLIGATION TO NOTIFY HAPPENING OF CERTAIN EVENTS
SECTION 49 OFFENCES
SECTION 50 PROCEEDINGS AGAINST CORPORATIONS
SECTION 51 EVIDENTIARY CERTIFICATES
SECTION 55 TIME FOR INSTITUTING CRIMINAL PROCEEDINGS
SECTION 55A APPROPRIATION
SECTION 56 REGULATIONS
Part 9 - Review of Decisions
Division 1 - Internal review
SECTION 302 APPLICATION OF DIVISION
SECTION 303 SECRETARY MAY REVIEW DECISIONS
SECTION 304 APPLICATION FOR REVIEW
SECTION 305 SECRETARY MAY CONTINUE PAYMENT PENDING OUTCOME OF APPLICATION FOR REVIEW
SECTION 306 POWERS OF SECRETARY OR AUTHORISED REVIEW OFFICER IF APPLICATION FOR REVIEW
SECTION 308 NOTIFICATION OF FURTHER RIGHTS OF REVIEW
Division 1A - Internal review of certain Commissioner decisions relating to ABSTUDY student start-up loans
SECTION 308A DECISIONS REVIEWABLE UNDER THIS DIVISION
SECTION 308B COMMISSIONER MUST GIVE REASONS FOR REVIEWABLE DECISIONS
SECTION 308C REVIEWER OF DECISIONS
SECTION 308D REVIEWER MAY RECONSIDER REVIEWABLE DECISIONS
SECTION 308E NOTICE TO ART PRINCIPAL REGISTRAR
SECTION 308F RECONSIDERATION OF REVIEWABLE DECISIONS ON REQUEST
SECTION 308G WITHDRAWAL OF REQUEST
SECTION 308H ART REVIEW OF REVIEWABLE DECISIONS
SECTION 308J DECISION CHANGED BEFORE ART REVIEW COMPLETED
Division 2 - Review by ART
Subdivision A - Preliminary
SECTION 309 SIMPLIFIED OUTLINE OF THIS DIVISION
SECTION 310 APPLICATION OF DIVISION
Subdivision B - ART review
SECTION 311 APPLICATION FOR ART REVIEW
SECTION 311A PERSON WHO MADE THE DECISION
SECTION 311B DECISION-MAKER TAKEN TO HAVE ELECTED NOT TO PARTICIPATE IN ART REVIEW PROCEEDING
SECTION 312 TIME LIMIT FOR APPLICATION FOR CERTAIN ART REVIEWS
SECTION 313 OPERATION AND IMPLEMENTATION OF DECISION UNDER ART REVIEW
SECTION 313A REMITTING DECISIONS FOR RECONSIDERATION
SECTION 313B REQUESTING REASONS FOR DECISION
SECTION 313C LEGAL OR FINANCIAL ASSISTANCE
SECTION 314 SECRETARY MAY CONTINUE PAYMENT PENDING OUTCOME OF APPLICATION FOR ART REVIEW
SECTION 315 VARIATION OF ORIGINAL DECISION AFTER APPLICATION IS MADE FOR ART REVIEW
SECTION 315A HEARING OF CERTAIN ART REVIEWS IN PRIVATE
SECTION 316 POWERS OF ART FOR PURPOSES OF ART REVIEW
SECTION 317 CERTAIN DECISIONS ON ART REVIEW
SECTION 318 NOTIFICATION OF DECISIONS AND REASONS FOR AAT FIRST REVIEW
SECTION 319 SECRETARY OR ART MAY TREAT EVENT AS HAVING OCCURRED IF DECISION SET ASIDE ON ART REVIEW
Subdivision C - AAT second review
SECTION 320 APPLICATION FOR AAT SECOND REVIEW
SECTION 321 NOTICE OF APPLICATION FOR AAT SECOND REVIEW
SECTION 322 PARTIES TO AAT SECOND REVIEW
SECTION 323 OPERATION AND IMPLEMENTATION OF DECISION SUBJECT TO AAT SECOND REVIEW
SECTION 324 VARIATION OF ORIGINAL DECISION AFTER APPLICATION IS MADE FOR AAT SECOND REVIEW
SECTION 325 FAILURE OF PARTY TO APPEAR AT AAT SECOND REVIEW
SECTION 326 SECRETARY MAY TREAT EVENT AS HAVING OCCURRED IF DECISION SET ASIDE ON AAT SECOND REVIEW
Subdivision D - Matters relating to reviews by the ART
SECTION 327 SETTLEMENT OF PROCEEDINGS BEFORE THE ART
Division 3 - Right to review by Administrative Appeals Tribunal
Division 4 - Modification of the Administrative Appeals Tribunal Act 1975
Part 10 - Administration
Division 1 - General administration
SECTION 335 GOVERNMENT POLICY STATEMENTS
SECTION 336 THE SECRETARY AND PRINCIPAL MEMBER MAY AGREE ON ADMINISTRATIVE ARRANGEMENTS
SECTION 338 DELEGATION
SECTION 339 AUTHORISED REVIEW OFFICERS
SECTION 340 DECISIONS TO BE IN WRITING
SECTION 341 NOTICE OF DECISIONS
Division 2 - Information gathering
SECTION 342 APPLICATION
SECTION 342A REASONABLE BELIEF NEEDED TO REQUIRE INFORMATION OR DOCUMENTS
SECTION 343 GENERAL POWER TO OBTAIN INFORMATION
SECTION 344 POWER TO OBTAIN INFORMATION FROM A PERSON WHO OWES A DEBT TO THE COMMONWEALTH
SECTION 345 POWER TO OBTAIN INFORMATION ABOUT A PERSON WHO OWES A DEBT TO THE COMMONWEALTH
SECTION 347 PROVISIONS RELATING TO REQUIREMENTS
SECTION 347A SELF-INCRIMINATION
SECTION 347B USE OF INFORMATION IN INVESTIGATIONS ETC.
SECTION 348 RELATIONSHIP WITH OTHER LAWS
Division 3 - Confidentiality
SECTION 350 OPERATION OF SECTION 12ZU UNAFFECTED
SECTION 350A DEFINITIONS
SECTION 351 PERMITTED OBTAINING OF, MAKING A RECORD OF, DISCLOSURE OF OR USE OF PROTECTED INFORMATION
SECTION 351A OBTAINING OF, MAKING A RECORD OF, DISCLOSURE OF OR USE OF PROTECTED INFORMATION RELATING TO TAXATION INFORMATION
SECTION 351B SECRETARY MAY ARRANGE FOR USE OF COMPUTER PROGRAMS TO MAKE DECISIONS
SECTION 352 OFFENCE - UNAUTHORISED OBTAINING OF PROTECTED INFORMATION
SECTION 353 OFFENCE - UNAUTHORISED MAKING A RECORD OF, DISCLOSURE OF OR USE OF PROTECTED INFORMATION
SECTION 354 PROTECTION EXTENDS TO COURT, TRIBUNAL ETC. PROCEEDINGS
SECTION 355 SECRETARY'S CERTIFICATE
SECTION 356 GUIDELINES FOR EXERCISE OF SECRETARY ' S DISCLOSURE POWERS
SECTION 356A DISCLOSURE OF INFORMATION - EDUCATION EXPENSES TAX OFFSET
SECTION 357 OFFENCE - SOLICITING DISCLOSURE OF PROTECTED INFORMATION
SECTION 358 MAKING UNTRUE REPRESENTATIONS FOR PURPOSE OF SOLICITING DISCLOSURE OF PROTECTED INFORMATION
SECTION 359 OFFENCES - OFFERING TO SUPPLY PROTECTED INFORMATION
SECTION 360 OFFICER'S OATH OR DECLARATION
SECTION 361 FREEDOM OF INFORMATION ACT NOT AFFECTED

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