Student Assistance Act 1973

Part 7 - Miscellaneous  

SECTION 49   OFFENCES  

49(1)    


A person must not contravene subsection 48(1) .

Penalty: Imprisonment for 12 months.


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 ).


49(2)    


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.

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.





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