Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 3

             (1)  In this Act, unless the contrary intention appears:

"Account" means the Students (Financial Supplement) Account continued in existence by section 12M.

"accumulated FS debt" has the meaning given by subsection 12ZF(2) or (3).

"actual repayments" , in relation to financial supplement, at a particular time, means the sum of the amounts actually repaid in respect of the financial supplement before that time.

"adjusted parental income" , for the purposes of Part 4A, has the meaning given by the regulations.

"Agency" means the Commonwealth Services Delivery Agency established by the Agency Act.

"Agency Act" means the Commonwealth Services Delivery Agency Act 1997 .

"amount notionally repaid" , in relation to financial supplement, has the meaning given by subparagraph 12ZA(10)(b)(ii).

"amount outstanding" , in relation to a financial supplement contract, has the meaning given by section 12X.

"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .

"CEO" means the Chief Executive Officer of the Agency.

"Commissioner" means the Commissioner of Taxation.

"compulsory repayment amount" means an amount that:

                     (a)  is required to be paid in respect of an accumulated FS debt under section 12ZK; and

                     (b)  is included in a notice of an assessment made under section 12ZM.

"contract period" , in relation to a financial supplement contract, means the period beginning when the contract was entered into and ending on 31 May in the year in which the last of the periods of 12 months referred to in paragraph 12X(3)(b) ends.

"current special educational assistance scheme" means:

                     (a)  the Assistance for Isolated Children Scheme; or

                     (b)  the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme).

"discount" , in relation to a repayment of an amount of financial supplement, has the meaning given by section 12ZA.

"education institution" means:

                     (a)  a higher education institution; or

                     (b)  a technical and further education institution; or

                     (c)  a secondary school; or

                     (d)  any other institution (including an educational institution), authority or body, that is in Australia and that, in accordance with a determination by the Minister, is to be regarded as an education institution for the purposes of this Act.

"eligible student" , for the purposes of Part 4A, has the meaning given by section 12C.

Note:          A person cannot be an eligible student for the whole or a part of a year that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent (see subsection 12C(1A)).

"employee" has the same meaning as in the Public Service Act 1999 .

"employee" , in relation to the Agency, has the same meaning as in the Agency Act.

"exempt foreign income" has the meaning given by subsection 12ZL(4).

"financial corporation" means:

                     (a)  a foreign corporation within the meaning of paragraph 51(xx) of the Constitution whose sole or principal business activities in Australia are the borrowing of money and the provision of finance; or

                     (b)  a financial corporation within the meaning of that paragraph;

and includes a bank.

"financial institution" has the same meaning as in the Social Security Act 1991 .

"financial supplement" means a loan made by a participating corporation under a financial supplement contract to the other party to the contract.

"financial supplement contract" means a contract in force as provided by subsection 12K(2).

"former special educational assistance scheme" means:

                     (a)  the former Aboriginal Secondary Assistance Scheme; or

                    (aa)  the scheme known as the Aboriginal Overseas Study Assistance Scheme or the Aboriginal and Torres Strait Islander Overseas Study Award Scheme; or

                     (b)  the former Adult Secondary Education Assistance Scheme; or

                     (c)  the former Secondary Allowances Scheme; or

                     (d)  the former Living Allowance for English as a Second Language Scheme.

"FS assessment debt" means an amount that is required to be paid in respect of an accumulated FS debt under section 12ZK and is included in a notice of an assessment made under section 12ZM.

"FS debt" has the meaning given by subsection 12ZF(1).

"higher education institution" means an educational institution in Australia that, in accordance with a determination by the Minister, is to be regarded as a higher education institution for the purposes of this Act.

"income tax" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

"income tax law" has the meaning given by section 14ZAAA of the Taxation Administration Act 1953 .

"income year" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

"index number" , in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.

"indexation amount" , in relation to a financial supplement contract, has the meaning given by section 12Y.

"late payment charge" means an amount payable to the Commonwealth under any of the following provisions as currently or previously in force:

                     (a)  paragraph 40(2)(a);

                     (b)  subsection 246(3), or any other prescribed provision, of the Social Security Act 1947 ;

                    (ba)  section 1229 or 1229A, or any other prescribed provision, of the Social Security Act 1991 ;

                     (c)  subsection 205(5), or any other prescribed provision, of the Veterans' Entitlements Act 1986 .

"Medicare levy" means the Medicare levy imposed by the Medicare Levy Act 1986 .

"minimum repayment income" has the meaning given by section 12ZLA.

"notional repayments" , in relation to financial supplement, at a particular time, means the sum of the amounts notionally repaid in respect of the financial supplement before that time.

"office" , in relation to a financial corporation, has the meaning given by the regulations.

"officer" means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Division 3 of Part 10, includes:

                     (a)  a person who has been such a person; and

                     (b)  a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under this Act; and

                     (c)  a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under this Act.

"participating corporation" has the meaning given by subsection 12D(2).

"prescribed benefit" , for the purposes of Part 4A, in relation to the ABSTUDY scheme, means a benefit under the scheme concerned that is declared by the regulations to be a prescribed benefit for the purposes of that Part.

"prescribed educational scheme overpayment"   means an amount paid under a prescribed education scheme that should not have been paid.

"principal sum" , in relation to a financial supplement contract, at a particular time, means the total of the amounts of financial supplement paid under the contract before that time by the relevant participating corporation to the other party to the contract.

"protected information" means information about a person that:

                     (a)  has been obtained for the purposes of this Act (including the purposes of the administration of the ABSTUDY scheme); and

                     (b)  is held in the records of:

                              (i)  the Department; or

                             (ii)  a Department administered by a Minister responsible for the administration of the Social Security Act 1991 ; or

                            (iii)  the Agency.

"repayable debt" , for an income year, has the meaning given by section 12ZLB.

"repayment income" has the meaning given by section 12ZL.

"secondary school" means an educational institution in Australia that, in accordance with a determination by the Minister, is to be regarded as a secondary school for the purposes of this Act.

"Secretary" means Secretary to the Department.

"service arrangements" has the same meaning as in the Agency Act.

"Social Security or Veterans' legislation overpayment" means:

                     (a)  an amount paid under the Social Security Act 1947 :

                              (i)  that should not have been paid; or

                             (ii)  that was paid solely because of a decision under subsection 136(2A) of that Act; or

                    (aa)  an amount paid under the Social Security Act 1991 :

                              (i)  that should not have been paid; or

                             (ii)  that was paid solely because of a decision under:

                                        (A)  subsection 533(2) of that Act; or

                                        (C)  subsection 675(2) of that Act; or

                                        (D)  subsection 738(2) of that Act; or

                     (b)  an amount paid under the Veterans' Entitlements Act 1986 or the Seamen's War Pensions and Allowances Act 1940 that should not have been paid.

"special educational assistance scheme overpayment" means an amount paid under a current special educational assistance scheme, or a former special educational assistance scheme, that should not have been paid.

"student" , in Part 4A, has a meaning affected by subsection 12B(2).

"student assistance benefit" means a payment under:

                     (a)  the AUSTUDY scheme under this Act as in force before 1 July 1998; or

                     (b)  the Student Financial Supplement Scheme (including the Scheme as in force before 1 July 1998); or

                     (c)  a current or former special educational assistance scheme.

"student assistance overpayment" means:

                     (a)  an amount:

                              (i)  paid under the AUSTUDY scheme under this Act as in force before 1 July 1998; and

                             (ii)  that should not have been paid; or

                     (b)  a debt due by a person other than a financial corporation to the Commonwealth under paragraph 12QB(2)(d), 12QC(2)(d), 12S(2)(d) or 12U(2)(c) (including a debt accrued under either of those paragraphs as in force before 1 July 1998).

"Student Financial Supplement Scheme" means the scheme constituted by Part 4A for the payment of financial supplement to students.

Note:          An application under the Student Financial Supplement Scheme cannot be made in respect of a year, or a part of a year, that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent (see subsection 12C(1A)).

"subsidy" means subsidy under an agreement referred to in section 12D.

"taxable income" has the meaning given by section 4-15 of the Income Tax Assessment Act 1997 .

"technical and further education institution" means an educational institution in Australia that, in accordance with a determination by the Minister, is to be regarded as a technical and further education institution for the purposes of this Act.

"termination date" , in relation to a financial supplement contract, means the last day of the contract period.

"year" means a calendar year.

             (2)  For the purposes of the definitions of education institution , higher education institution , secondary school and technical and further education institution in subsection (1), a reference to Australia includes a reference to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.

          (2A)  A determination by the Minister for the purposes of the definition of education institution , higher education institution , secondary school or technical and further education institution is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

             (3)  A person who, although not employed by the Commonwealth, performs services for the Commonwealth shall be taken, for the purposes of this Act, to be included within the definition of employee in subsection (1).