Student Assistance Act 1973

[ CCH Note: Div 5 will be inserted by No 79 of 2025, s 3 and Sch 2 item 12A, effective 20 March 2026. For application provisions, see note under s 43D . Div 5 will read:

Division 5 - Other matters

SECTION 44 NON-RECOVERY OF CERTAIN AMOUNTS  
44
If a record of an amount less than the amount referred to in section 1237AAA of the Social Security Act 1991 is entered into the records of the Human Services Department, the Secretary must waive the Commonwealth ' s right to raise a debt in respect of the whole or a part of the amount if, were the Commonwealth to exercise that right, the resulting debt would be a debt to which this Part applies.

Note 1:

The amount referred to in section 1237AAA of the Social Security Act 1991 is indexed on each 1 July (see sections 1191 to 1194 of that Act). Immediately before 1 July 2026, the amount was $ 250.

Note 2:

See also section 43D (waiver of small debt).

Note 3:

A waiver under this section of the Commonwealth ' s right to raise a debt in respect of an amount does not prevent the Secretary from considering whether any person may have engaged in fraud or serious non-compliance in relation to the amount and taking further appropriate action.

SECTION 44A SECRETARY MAY ARRANGE FOR USE OF COMPUTER PROGRAMS TO MAKE DECISIONS  

44A(1)
The Secretary may arrange for the use, under the Secretary ' s control, of computer programs for any purposes for which an officer may make a decision that is the doing of a thing under section 43D (waiver of small debt) or section 44 (non-recovery of certain amounts).

44A(2)
A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.