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.

View history note

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.