Student Assistance Act 1973

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

Division 4 - Departure prohibition orders  

Subdivision A - Secretary may make departure prohibition orders  

SECTION 43G   SECRETARY MAY MAKE DEPARTURE PROHIBITION ORDERS  

43G(1)    
The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

(a) the person has one or more debts to the Commonwealth under this Part; and

(b) there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

(c) the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

(i) having wholly paid the one or more debts; or

(ii) there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

43G(2)    
Before making an order under this section, the Secretary must have regard to the following matters:

(a) the capacity of the person to pay the one or more debts;

(b) whether any action has been taken to recover any such debt, and the outcome of the recovery action;

(c) the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

(d) such other matters as the Secretary considers appropriate.

Form of order

43G(3)    
A departure prohibition order must be in a form approved by the Secretary.