Student Assistance Act 1973

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

Division 4 - Departure prohibition orders  

Subdivision D - Departure authorisation certificates  

SECTION 43P   WHEN SECRETARY MUST ISSUE DEPARTURE AUTHORISATION CERTIFICATE  

43P(1)    
This section applies if a person makes an application under section 43N for a departure authorisation certificate.

43P(2)    
The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

(a) that, if the certificate is issued:

(i) it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

(ii) it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 43L(1) to revoke the departure prohibition order in respect of the person; and

(b) that it is not necessary for the person to give security under section 43Q for the person ' s return to Australia.

43P(3)    
If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

(a) the person has given security under section 43Q for the person ' s return to Australia; or

(b) if the person is unable to give such security, the Secretary is satisfied:

(i) that the certificate should be issued on humanitarian grounds; or

(ii) that refusing to issue the certificate will be detrimental to Australia ' s interests.