Student Assistance Act 1973

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

Division 1 - Debts recoverable by the Commonwealth  

SECTION 38A   ABSTUDY STUDENT START-UP LOAN OVERPAYMENTS  

38A(1)    
If:

(a) a person is paid an ABSTUDY student start-up loan for a qualification period; and

(b) the circumstances determined under subsection (2) apply to the person;

then the amount of the loan is an ABSTUDY student start-up loan overpayment .

38A(2)    
The Minister may, by legislative instrument, determine circumstances in which subsection (1) applies to a person who has not met, or who has ceased to meet, the condition in subparagraph 7C(1)(a)(iii) .

38A(3)    
Subsection (1) does not apply to a person if, in the Secretary ' s opinion, the person did not meet, or ceased to meet, the condition in subparagraph 7C(1)(a)(iii) because of exceptional circumstances beyond the person ' s control.