Student Assistance Act 1973

S 49(1) amended by No 47 of 2006, s 3 and Sch 2 item 11, by substituting " subsection 48(1) " for " section 48 " , effective 22 May 2006.

S 49(1) amended by No 147 of 2001, s 3 and Sch 2 item 6, by omitting " , without reasonable excuse, " after " A person must not " , applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001.

S 49(1) substituted by No 137 of 2000, s 3 and Sch 2 item 380, effective 24 May 2001.

Act No 137 of 2000 contained the following transitional provisions, effective 24 May 2001:

S 49(1) formerly read:

49(1)
A person shall not:

(a) knowingly or recklessly make, whether orally or in writing, a false or misleading statement:

(i) in connection with an application or claim, whether made on behalf of that person or of any other person;

(ii) to deceive an officer or employee of the Department in the performance of the officer's or employee's functions or duties under, or in relation to, this Act or the regulations; or

(iii) to affect the rate of a benefit referred to in paragraph (a) of the definition of student assistance benefit ; or

(iv) to affect the amount of financial supplement that may be paid to the person under Part 4A ;

(b) knowingly obtain payment of an amount under this Act, or a current special educational assistance scheme, that is not payable (whether in whole or part); or

(c) obtain payment of an amount under this Act, or a current educational assistance scheme, by means of a false or misleading statement that is knowingly or recklessly made or by means of impersonation or fraud; or

(d) knowingly or recklessly make or present to an officer or employee of the Department a statement or document that is false or misleading in a material particular; or

(e) without reasonable excuse, contravene section 48 .

Penalty: Imprisonment for 1 year.

S 49(1A) inserted by No 147 of 2001, s 3 and Sch 2 item 7, applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001.

S 49(2) amended by No 137 of 2000, s 3 and Sch 2 item 381, by inserting ``of this section or an offence against section 135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act'' after ``subsection (1)'', effective 24 May 2001. For transitional provisions see note under s 49(1).

S 49 amended by No 45 of 1998; No 183 of 1994 and No 138 of 1992.