Student Assistance Act 1973
Part 6
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Overpayments arising under this Act and certain administrative schemes
Division 1
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Debts recoverable by the Commonwealth
SECTION 38A
ABSTUDY STUDENT START-UP LOAN OVERPAYMENTS
38A(1)
If:
(a) a person is paid an ABSTUDY student start-up loan for a qualification period; and
(b) the circumstances determined under subsection (2) apply to the person;
38A(2)
The Minister may, by legislative instrument, determine circumstances in which subsection (1) applies to a person who has not met, or who has ceased to meet, the condition in subparagraph 7C(1)(a)(iii) .
38A(3)
Subsection (1) does not apply to a person if, in the Secretary ' s opinion, the person did not meet, or ceased to meet, the condition in subparagraph 7C(1)(a)(iii) because of exceptional circumstances beyond the person ' s control.
View history note
Hide history noteIf:
(a) a person is paid an ABSTUDY student start-up loan for a qualification period; and
(b) the circumstances determined under subsection (2) apply to the person;
then the amount of the loan is an ABSTUDY student start-up loan overpayment .
38A(2)
The Minister may, by legislative instrument, determine circumstances in which subsection (1) applies to a person who has not met, or who has ceased to meet, the condition in subparagraph 7C(1)(a)(iii) .
38A(3)
Subsection (1) does not apply to a person if, in the Secretary ' s opinion, the person did not meet, or ceased to meet, the condition in subparagraph 7C(1)(a)(iii) because of exceptional circumstances beyond the person ' s control.