Labor 2013-14 Budget Savings (Measures No. 2) Act 2015 (169 of 2015)

Schedule 1   Student start-up loans

Part 1   Amendments

Student Assistance Act 1973

71   After section 38

Insert:

38A ABSTUDY student start-up loan overpayments

(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;

then the amount of the loan is an ABSTUDY student start-up loan overpayment .

(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).

(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.