Student Assistance Act 1973

Part 10 - Administration

Division 2 - Information gathering

SECTION 343 GENERAL POWER TO OBTAIN INFORMATION

343(1) Secretary may require information concerning student assistance benefits

The Secretary may require a person to give information, or to produce a document, to the Department if the Secretary considers that the information or document may be relevant to:

(a)

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whether a person who has made a claim for a student assistance benefit under this Act is or was qualified for a student assistance benefit under this Act; or

(b) whether a student assistance benefit under this Act is payable to a person who is receiving it; or

(c) whether a student assistance benefit under this Act was payable to a person who has received it; or

(d) the rate of a student assistance benefit that applies or applied to a person; or

(e)

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for the purposes of the administration of a current special educational assistance scheme - a child ' s past or present enrolment, or attendance, at a school; or

(f)

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an inquiry or investigation into a matter mentioned in any of the above paragraphs.

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History

S 343(1) amended by No 42 of 2021, s 3 and Sch 2 item 4, by substituting " a current special educational assistance scheme " for " the ABSTUDY scheme " in para (e), effective 28 May 2021.

S 343(1) amended by No 26 of 2018, s 3 and Sch 17 items 64 - 67, by omitting " that is in the person ' s custody or under the person ' s control " after " produce a document " , substituting " a student assistance benefit under this Act " for " the benefit " in para (a), inserting para (f) and repealing the note, applicable in relation to requirements made on or after 1 July 2018. The note formerly read:

Note:

A requirement under this section may be sent to a company as well as to a natural person - subsection 2C(1) of the Acts Interpretation Act 1901 provides that person includes a body corporate.

S 343(1) amended by No 46 of 2011, s 3 and Sch 2 item 1070, by substituting " subsection 2C(1) " for " paragraph 22(1)(a) " in the note at the end, effective 27 December 2011. No 46 of 2011, s 3 and Sch 3 items 10 and 11 contain the following saving and transitional provisions:

10 Saving - appointments
10
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement. 11 Transitional regulations
11
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

S 343(1) amended by No 149 of 2008, s 3 and Sch 1 item 23, by inserting para (e) at the end, effective 11 December 2008 and applicable in relation to a schooling requirement payment (within the meaning of the Social Security (Administration) Act 1999 as amended by No 149 of 2008) whether it is claimed, or granted, before, on or after 11 December 2008.

S 343 amended by No 45 of 1998 and inserted by No 183 of 1994.

343(2)

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In subsection (1), the following terms have the same meaning as in Part 3C (schooling requirements) of the Social Security (Administration) Act 1999 (see section 124A of that Act):

(a) attendance (at a school);

(b) enrolment (at a school).

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