Student Assistance Act 1973
Part 6
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Overpayments arising under this Act and certain administrative schemes
If a person:
(a) has been paid an amount of a kind referred to in paragraph (a), (aa) or (b) of the definition of debt in section 38 ; or
(b) incurs an amount referred to in paragraph (c) of that definition;
A debt that arises under subsection (1) because of an ABSTUDY student start-up loan overpayment is taken to have arisen when the person is paid the loan to which the overpayment relates.
Division 1
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Debts recoverable by the Commonwealth
SECTION 39
DEBTS ARE RECOVERABLE BY THE COMMONWEALTH
39(1)
If a person:
(a) has been paid an amount of a kind referred to in paragraph (a), (aa) or (b) of the definition of debt in section 38 ; or
(b) incurs an amount referred to in paragraph (c) of that definition;
the amount is a debt owed by the person to the Commonwealth.
39(2)
A debt that arises under subsection (1) because of an ABSTUDY student start-up loan overpayment is taken to have arisen when the person is paid the loan to which the overpayment relates.
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