Student Assistance Act 1973

Pt 2 inserted by No 169 of 2015, s 3 and Sch 1 item 67, effective 1 January 2016.

Div 3 inserted by No 169 of 2015, s 3 and Sch 1 item 67, effective 1 January 2016.

S 8BA inserted by No 30 of 2025, s 3 and Sch 1 item 57, effective 3 August 2025. No 30 of 2025, s 3 and Sch 1 items 85 - 87 contain the following transitional provisions:

Part 2 - Modification and transitional rules

Division 1 - Modification rules

85 Modification rules  
(1)
The Minister may, by legislative instrument, make rules modifying the operation of a provision specified in subitem (2) by providing that the provision applies as if a reference in the provision to 1 June 2025 were a reference to a later day specified by those rules (which must be no later than 2 calendar days after 1 June 2025).

(2)
The following provisions are specified:
(a) a provision of the Australian Apprenticeship Support Loans Act 2014 , as amended by this Schedule, that refers to 1 June 2025;
(b) a provision of the Higher Education Support Act 2003 , as amended by this Schedule, that refers to 1 June 2025;
(c) a provision of the Social Security Act 1991 , as amended by this Schedule, that refers to 1 June 2025;
(d) a provision of the Student Assistance Act 1973 , as amended by this Schedule, that refers to 1 June 2025;
(e) a provision of the VET Student Loans Act 2016 , as amended by this Schedule, that refers to 1 June 2025.
86 Requirements for making modification rules  
Agreement of administering Minister

(1)
The Minister must not make rules under subitem 85(1) that modify the operation of a provision of an Act without the written agreement of a Minister administering the Act.

(2)
Subitem (1) does not apply in relation to a provision of the Higher Education Support Act 2003 .

Time limit on making rules

(3)
Rules under subitem 85(1) may only be made before the later of:
(a) 1 January 2026; and
(b) the day after the end of the period of 3 months beginning on the day this item commences.

Rules must not do certain things

(4)
To avoid doubt, rules made under subitem 85(1) may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of an Act.

Division 2 - Transitional rules

87 Transitional rules  
(1)
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(2)
To avoid doubt, rules made under subitem (1) may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of an Act.

(3)
This Schedule (other than subitem (2)) does not limit the rules that may be made under subitem (1).