Student Assistance Act 1973

Part 2 - ABSTUDY student start-up loans  

Division 3 - Indebtedness: incurring ABSTUDY SSL debts  

SECTION 8B   ABSTUDY SSL DEBTS  

8B(1)    
A person incurs an ABSTUDY SSL debt to the Commonwealth if the person is paid an ABSTUDY student start-up loan for a qualification period.

8B(2)    
The ABSTUDY SSL debt is incurred by the person on the later of:

(a) the day the person was paid the loan; and

(b) the day after the person ' s enrolment test day for the qualification period.

Note:

For enrolment test day , see subsection (5).

8B(3)    
The amount of the person ' s ABSTUDY SSL debt is the amount of the loan, reduced by any amount repaid before the day on which the debt is incurred.

8B(4)    
Despite subsection (1), an ABSTUDY SSL debt is not incurred, and is taken never to have been incurred, in relation to a loan if:

(a) the loan has been fully repaid before the day on which the ABSTUDY SSL debt in respect of the loan would be incurred; or

(b) the amount of the loan is a debt under section 39 ; or

(c) the Secretary has formed an opinion under subsection 38A(3) in relation to the loan (relating to exceptional circumstances beyond the person ' s control).

8B(5)    
A person ' s enrolment test day , for a qualification period, is the earliest of the following days:

(a) if the relevant approved scholarship course ends in the qualification period - the last day of that approved scholarship course;

(b) the last day of the qualification period;

(c) the 35th day of the period starting on whichever of the following applies:

(i) if the person ' s qualification test day for the qualification period was before the first day of the relevant approved scholarship course - the first day of that approved scholarship course;

(ii) otherwise - the qualification test day.