Student Assistance Act 1973

Part 7 - Miscellaneous

SECTION 49 OFFENCES

49(1)

View history reference

A person must not contravene subsection 48(1) .

Penalty: Imprisonment for 12 months.

View history note

History

S 49(1) amended by No 47 of 2006, s 3 and Sch 2 item 11, by substituting " subsection 48(1) " for " section 48 " , effective 22 May 2006.

S 49(1) amended by No 147 of 2001, s 3 and Sch 2 item 6, by omitting " , without reasonable excuse, " after " A person must not " , applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001.

S 49(1) substituted by No 137 of 2000, s 3 and Sch 2 item 380, effective 24 May 2001.

Act No 137 of 2000 contained the following transitional provisions, effective 24 May 2001:

418 Transitional - pre-commencement offences
418(1)
Despite the amendment or repeal of a provision, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.

418(2)
Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .
419 Transitional - pre-commencement notices
419
If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed; and

(c) the first-mentioned provision is amended;
the amendment of the first-mentioned provision does not affect the validity of such a notice that was given before the commencement of this item.

S 49(1) formerly read:

49(1)
A person shall not:

(a) knowingly or recklessly make, whether orally or in writing, a false or misleading statement:

(i) in connection with an application or claim, whether made on behalf of that person or of any other person;

(ii) to deceive an officer or employee of the Department in the performance of the officer's or employee's functions or duties under, or in relation to, this Act or the regulations; or

(iii) to affect the rate of a benefit referred to in paragraph (a) of the definition of student assistance benefit ; or

(iv) to affect the amount of financial supplement that may be paid to the person under Part 4A ;

(b) knowingly obtain payment of an amount under this Act, or a current special educational assistance scheme, that is not payable (whether in whole or part); or

(c) obtain payment of an amount under this Act, or a current educational assistance scheme, by means of a false or misleading statement that is knowingly or recklessly made or by means of impersonation or fraud; or

(d) knowingly or recklessly make or present to an officer or employee of the Department a statement or document that is false or misleading in a material particular; or

(e) without reasonable excuse, contravene section 48 .
Penalty: Imprisonment for 1 year.

49(1A)
Subsection (1) does not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

View history note

49(2)

View history reference

Where a person is convicted of an offence against subsection (1) of this section or an offence against section 135.2 , 136.1 , 137.1 or 137.2 of the Criminal Code that relates to this Act, the court may, in addition to imposing a penalty, order the person to pay to the Commonwealth an amount equal to any amount paid under this Act, or a current special educational assistance scheme, as a result of the act, failure or omission in respect of which the person was convicted.

View history note

49(3)
For the purposes of subsection (2), a certificate by the Secretary stating that a specified amount is the amount paid to a specified person under this Act, or a current special educational assistance scheme, as a result of a specified act, failure or omission is prima facie evidence of the matters stated in the certificate.

49(4)
A reference in this section to payment of an amount under this Act or to an amount paid under this Act includes a reference to payment of an amount or to an amount paid, as the case may be, under a financial supplement contract.

View history note