Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973

TABLE OF PROVISIONS

           Long Title

   PART 1--P--RELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Interpretation  
   5.      Binding of the Crown  
   5A.     Extension of Act  
   5B.     Secretary to have general administration  
   5C.     Principles of administration  
   5D.     Minister may determine secondary and tertiary courses etc.  
   5E.     Application of the Criminal Code  

   PART 4A--F--INANCIAL SUPPLEMENT FOR TERTIARY STUDENTS

           Division 1--Preliminary

   12A.    Object and explanation of this Part  
   12B.    Interpretation  
   12C.    Which students are eligible for financial supplement  
   12D.    Agreements between Commonwealth and financial corporations  

           Division 2--Applications for financial supplement

   12E.    Explanation of Division  
   12F.    Secretary to give student notice of entitlement  
   12G.    When must a person apply for financial supplement?  
   12GA.   Student may give notice to participating corporation to increase or decrease financial supplement  
   12H.    Effect of financial supplement on certain other benefits  

           Division 3--Payment of financial supplement

   12J.    Explanation of Division  
   12K.    Contract between applicant for financial supplement and participating corporation  
   12KA.   Cooling off period for financial supplement contract  
   12KB.   Person may waive right to cancel contract  
   12L.    Financial supplement contract exempt from certain laws and taxes  
   12M.    Students (Financial Supplement) Account  
   12N.    How payments of financial supplement are to be made  

           Division 4--Payments under financial supplement contract to stop in certain circumstances

   12P.    Explanation of Division  
   12Q.    Payments to stop at request of student  
   12QA.   Payments to eligible student to stop if the maximum amount of financial supplement is reduced to less than the amount already paid  
   12QB.   What happens if financial supplement was paid to eligible student after student failed to notify change of circumstances  
   12QC.   What happens if financial supplement was paid to eligible student because of the provision of false or misleading information  
   12R.    Payments to stop if student ceases to be eligible for financial supplement  
   12S.    What happens if student fails to notify change in circumstances  
   12T.    Payments to stop if student is found never to have been eligible for financial supplement  
   12U.    What happens if financial supplement was paid because of provision of false or misleading information  
   12V.    Death of student  

           Division 5--Repayments of financial supplement during contract period

   12W.    Explanation of Division  
   12X.    Calculation of amount outstanding under financial supplement contract  
   12Y.    Indexation amount  
   12Z.    Notice to student of amount outstanding in respect of financial supplement  
   12ZA.   Rights of student during contract period to make repayments in respect of financial supplement  
   12ZB.   What happens at end of contract period  
   12ZC.   Notice to student  
   12ZD.   Requests for correction of notices  

           Division 6--Indebtedness existing after termination date

              Subdivision A--Introductory

   12ZE.   Explanation of Division  
   12ZF.   FS debt and accumulated FS debt  
   12ZG.   Accumulated FS debt discharges earlier debts  
   12ZH.   Notice and a certificate to Commissioner  

              Subdivision B--Voluntary discharge of indebtedness

   12ZJ.   Voluntary payments in respect of FS debts  
   12ZJA.  Refunding of payments  

              Subdivision C--Requirement to discharge indebtedness

   12ZK.   Compulsory payments in respect of accumulated FS debt  
   12ZL.   Repayment income  
   12ZLA.  Minimum repayment income  
   12ZLB.  Repayable debt for an income year  
   12ZLC.  Amounts payable to the Commonwealth  
   12ZLD.  Publishing indexed amounts  

              Subdivision D--Returns and assessments

   12ZM.   Assessment  
   12ZN.   Application of tax legislation  
   12ZNA.  Charges and administrative penalties for failing to meet obligations  
   12ZNB.  Pay as you go (PAYG) withholding  
   12ZNC.  Provisional tax  
   12ZND.  Pay as you go (PAYG) instalments  
   12ZO.   How notices of assessment may be served  
   12ZP.   Power of Commissioner to defer assessment or reduce assessment to nil  
   12ZQ.   Review of decision of Commissioner  

              Subdivision E--Miscellaneous

   12ZR.   Benefits to students under student financial supplement scheme not subject to taxation  
   12ZS.   Application of payments  
   12ZT.   Indebtedness discharged by death  
   12ZU.   Secrecy  

           Division 7--General

   12ZV.   Explanation of Division  
   12ZW.   Application of the Bankruptcy Act  
   12ZX.   What happens if a decision of Secretary is set aside or varied  
   12ZY.   Notices of assignment  
   12ZZ.   Assignments etc. not subject to State or Territory taxes  

   PART 6--O--VERPAYMENTS ARISING UNDER THIS ACT AND CERTAIN ADMINISTRATIVE SCHEMES

           Division 1--Debts recoverable by the Commonwealth

   38.     What is a debt?  
   39.     Debts are recoverable by the Commonwealth  
   39AA.   Recovery of certain debts from current special educational assistance scheme payments  

           Division 2--Recovery of debts

   39A.    Secretary may allow payment of debt by instalments  
   40.     Late payment charge and interest in relation to overpayment of a benefit  
   41.     Determination that late payment interest not to be payable in relation to certain periods  
   42.     Recovery of certain overpayments from third parties  
   42A.    Recovery of amounts from financial institutions  

           Division 3--Non-recovery of debts

   43.     Secretary may write off debt  
   43A.    Power to waive Commonwealth's right to recover debt  
   43B.    Waiver of debt arising from error  
   43C.    Waiver of debt relating to an offence  
   43D.    Waiver of small debt  
   43E.    Waiver in relation to settlements  
   43F.    Waiver in special circumstances  

   PART 7--M--ISCELLANEOUS

   44A.    Provision of tax file numbers  
   48.     Obligation to notify happening of certain events  
   49.     Offences  
   50.     Proceedings against corporations  
   51.     Evidentiary certificates  
   55.     Time for instituting criminal proceedings  
   55A.    Appropriation  
   56.     Regulations  

   PART 9--R--EVIEW OF DECISIONS

           Division 1--Internal review

   302.    Application of Division  
   303.    Secretary may review decisions  
   304.    Application for review  
   305.    Secretary may continue payment pending outcome of application for review  
   306.    Powers of Secretary or authorised review officer if application for review  
   308.    Notification of further rights of review  

           Division 2--Review by Social Security Appeals Tribunal

   309.    Application of Division  
   310.    SSAT objectives  
   311.    Application for review by SSAT  
   313.    Non-reviewable decisions  
   314.    Secretary may continue payment pending outcome of application for review  
   316.    SSAT review powers  
   318.    Date of effect of SSAT decisions  
   320.    Application requirements  
   321.    Variation of decision before review completed  
   322.    Parties to SSAT review  

           Division 3--Right to review by Administrative Appeals Tribunal

   323.    Application of Division  
   324.    Review of SSAT decision by AAT  
   325.    Variation of decision before AAT review completed  
   326A.   Secretary may settle proceedings before the Administrative Appeals Tribunal  

           Division 4--Modification of the Administrative Appeals Tribunal Act 1975

   327.    Modification of the Administrative Appeals Tribunal Act  
   328.    Statement of reasons for decision  
   329.    Notice of application for review  
   330.    Parties to review by the AAT  
   331.    Lodging documents with the AAT  
   332.    Power of the AAT to obtain additional statements  
   333.    Operation and implementation of the decision under review  
   334.    Power of the AAT if party fails to appear  

   PART 10--A--DMINISTRATION

           Division 1--General administration

   335.    Government policy statements  
   336.    The Secretary and National Convener may agree on administrative arrangements  
   338.    Delegation  
   339.    Authorised review officers  
   340.    Decisions to be in writing  
   341.    Notice of decisions  

           Division 2--Information gathering

   342.    Application  
   343.    General power to obtain information  
   344.    Power to obtain information from a person who owes a debt to the Commonwealth  
   345.    Power to obtain information about a person who owes a debt to the Commonwealth  
   347.    Provisions relating to requirements  
   348.    State/Territory law does not affect obligations to provide information  

           Division 3--Confidentiality

   350.    Operation of section 12ZU unaffected  
   351.    Protection of personal information  
   352.    Offence--unauthorised access to protected information  
   353.    Offence--unauthorised use of protected information  
   354.    Protection extends to court, tribunal etc. proceedings  
   355.    Secretary's certificate  
   356.    Guidelines for exercise of Secretary's certificate power  
   356A.   Disclosure of information--education expenses tax offset  
   357.    Offence--soliciting disclosure of protected information  
   358.    Making untrue representations for purpose of soliciting disclosure of protected information  
   359.    Offences--offering to supply protected information  
   360.    Officer's oath or declaration  
   361.    Freedom of Information Act not affected