Student Assistance Act 1973

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

Division 3 - Non-recovery of debts  

SECTION 43A   POWER TO WAIVE COMMONWEALTH'S RIGHT TO RECOVER DEBT  

43A(1)   Secretary's limited power to waive  

The Secretary may, on behalf of the Commonwealth, waive the Commonwealth's right to recover the whole or a part of a debt only in the circumstances described in section 43B , 43C , 43D , 43E or 43F .

43A(2)   When waiver takes effect  

A waiver takes effect:

(a) if a day is stated in the waiver as the day on which the waiver takes effect - on the day so stated (whether that day is before, on or after the day on which the decision to waive is made); or

(b) if a day is not so stated in the waiver - on the day on which the decision to waive is made.

Note:

If the Secretary waives the Commonwealth's right to recover all or part of a debt, the waiver is a permanent bar to recovery of that debt or that part of the debt - that debt or that part of the debt effectively ceases to exist.