Student Assistance Act 1973 (Cth)

Student Assistance Act 1973

No. 155, 1973

Compilation No. 65

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Student Assistance Act 1973 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 5 Binding of the Crown 5A Extension of Act 5B Secretary to have general administration 5C Principles of administration 5D Minister may determine secondary and tertiary courses etc. 5E Application of the Criminal Code Part 2—ABSTUDY student start‑up loans Division 1—Introduction 6A Simplified outline of this Part Division 2—Qualification for and amount of ABSTUDY student start‑up loan 7A Simplified outline of this Division 7B ABSTUDY Scheme 7C Qualification for ABSTUDY student start‑up loan 7D Circumstances in which person is not qualified for ABSTUDY student start‑up loan 7E Amount of ABSTUDY student start‑up loan Division 3—Indebtedness: incurring ABSTUDY SSL debts 8A Simplified outline of this Division 8B ABSTUDY SSL debts 8C ABSTUDY SSL debt discharged by death 8D Notice to Commissioner Division 4—Indebtedness: working out accumulated ABSTUDY SSL debts 9A Simplified outline of this Division 9B Stage 1—working out a former accumulated ABSTUDY SSL debt 9C Stage 2—working out an accumulated ABSTUDY SSL debt 9D Rounding of amounts 9E Accumulated ABSTUDY SSL debt discharges earlier debts 9F Accumulated ABSTUDY SSL debt discharged by death Division 5—Discharge of indebtedness Subdivision A—Introduction 10A Simplified outline of this Division 10B Debts under this Part Subdivision B—Voluntary discharge of indebtedness 10C Voluntary ABSTUDY SSL repayments in respect of debts 10D Application of voluntary ABSTUDY SSL repayments 10E Refunding of payments Subdivision C—Compulsory discharge of indebtedness 10F Liability to repay amounts 10G Repayable ABSTUDY SSL debt for an income year Subdivision D—Assessments 10H Commissioner may make assessments 10J Notification of notices of assessment of tax 10K Commissioner may defer making assessments 10L Commissioner may amend assessments Division 6—Tax administration matters 11A Simplified outline of this Division 11B Verification of tax file numbers 11C When person with tax file number incorrectly notifies number 11D When person without tax file number incorrectly notifies number 11E When tax file numbers are altered 11F When tax file numbers are cancelled 11G Returns, assessments, collection and recovery 11H Charges and civil penalties for failing to meet obligations 11J Pay as you go (PAYG) withholding 11K Pay as you go (PAYG) instalments 11L Administration of this Part Part 4A—Financial supplement for tertiary students Division 1—Preliminary 12A Object and explanation of this Part 12B Interpretation 12C Which students are eligible for financial supplement 12D Agreements between Commonwealth and financial corporations Division 2—Applications for financial supplement 12E Explanation of Division 12F Secretary to give student notice of entitlement 12G When must a person apply for financial supplement? 12GA Student may give notice to participating corporation to increase or decrease financial supplement 12H Effect of financial supplement on certain other benefits Division 3—Payment of financial supplement 12J Explanation of Division 12K Contract between applicant for financial supplement and participating corporation 12KA Cooling off period for financial supplement contract 12KB Person may waive right to cancel contract 12L Financial supplement contract exempt from certain laws and taxes Division 4—Payments under financial supplement contract to stop in certain circumstances 12P Explanation of Division 12Q Payments to stop at request of student 12QA Payments to eligible student to stop if the maximum amount of financial supplement is reduced to less than the amount already paid 12QB What happens if financial supplement was paid to eligible student after student failed to notify change of circumstances 12QC What happens if financial supplement was paid to eligible student because of the provision of false or misleading information 12R Payments to stop if student ceases to be eligible for financial supplement 12S What happens if student fails to notify change in circumstances 12T Payments to stop if student is found never to have been eligible for financial supplement 12U What happens if financial supplement was paid because of provision of false or misleading information 12V Death of student Division 5—Repayments of financial supplement during contract period 12W Explanation of Division 12X Calculation of amount outstanding under financial supplement contract 12Y Indexation amount 12Z Notice to student of amount outstanding in respect of financial supplement 12ZA Rights of student during contract period to make repayments in respect of financial supplement 12ZB What happens at end of contract period 12ZC Notice to student 12ZD Requests for correction of notices Division 6—Indebtedness existing after termination date Subdivision A—Introductory 12ZE Explanation of Division 12ZEA Extent of Commissioner's general administration of this Division 12ZF FS debt and accumulated FS debt 12ZG Accumulated FS debt discharges earlier debts 12ZH Notice and a certificate to Commissioner Subdivision B—Voluntary discharge of indebtedness 12ZJ Voluntary payments in respect of FS debts 12ZJA Refunding of payments Subdivision C—Requirement to discharge indebtedness 12ZK Compulsory payments in respect of accumulated FS debt 12ZL Repayment income 12ZLA Minimum repayment income 12ZLB Repayable debt for an income year 12ZLC Amounts payable to the Commonwealth Subdivision D—Returns and assessments 12ZM Assessment 12ZN Application of tax legislation 12ZNA Charges and administrative penalties for failing to meet obligations 12ZNB Pay as you go (PAYG) withholding 12ZND Pay as you go (PAYG) instalments 12ZO How notices of assessment may be served 12ZP Power of Commissioner to defer assessment or reduce assessment to nil 12ZQ Review of decision of Commissioner Subdivision E—Miscellaneous 12ZR Benefits to students under student financial supplement scheme not subject to taxation 12ZS Application of payments 12ZT Indebtedness discharged by death 12ZU Secrecy Division 7—General 12ZV Explanation of Division 12ZW Application of the Bankruptcy Act 12ZX What happens if a decision of Secretary is set aside or varied 12ZY Notices of assignment 12ZZ Assignments etc. not subject to State or Territory taxes Part 6—Overpayments arising under this Act and certain administrative schemes Division 1—Debts recoverable by the Commonwealth 38 Definitions 38A ABSTUDY student start‑up loan overpayments 39 Debts are recoverable by the Commonwealth 39AA Recovery of certain debts from current special educational assistance scheme payments Division 2—Recovery of debts 40 Notice in respect of relevant debt 41 Interest charge—no repayment arrangement in effect 41A Interest charge—failure to comply with or termination of repayment arrangement 41B When interest charge becomes due and payable 41C What is the interest charge rate? 41D Exemption from interest charge—general 41E Exemption from interest charge—Secretary's determination 41F Arrangement for payment of relevant debt 41G Guidelines on interest charge provisions 42 Recovery of certain overpayments from third parties 42A Recovery of amounts from financial institutions 42B No time limit on debt recovery action Division 3—Non‑recovery of debts 43 Secretary may write off debt 43A Power to waive Commonwealth's right to recover debt 43B Waiver of debt arising from error 43C Waiver of debt relating to an offence 43D Waiver of small debt 43E Waiver in relation to settlements 43F Waiver in special circumstances Division 4—Departure prohibition orders Subdivision A—Secretary may make departure prohibition orders 43G Secretary may make departure prohibition orders Subdivision B—Departure from Australia of debtors prohibited 43H Departure from Australia of debtors prohibited Subdivision C—Other rules for departure prohibition orders 43J Notification requirements for departure prohibition orders 43K Operation of departure prohibition order 43L Revocation and variation of departure prohibition orders 43M Notification requirements for revocations and variations Subdivision D—Departure authorisation certificates 43N Application for departure authorisation certificate 43P When Secretary must issue departure authorisation certificate 43Q Security for person's return to Australia 43R What departure authorisation certificate must authorise 43S Notification requirements for departure authorisation certificates 43T Notification requirements for substituted days Subdivision E—Appeals and review in relation to departure prohibition orders and departure authorisation certificates 43U Appeals to courts against making of departure prohibition orders 43V Jurisdiction of courts 43W Orders of court on appeal 43X Review of decisions Subdivision F—Enforcement 43Y Powers of officers of Customs and members of the Australian Federal Police 43Z Privilege against self‑incrimination 43ZA Production of authority to depart Subdivision G—Interpretation 43ZB Interpretation—departure from Australia for foreign country 43ZC Meaning of Australia Part 7—Miscellaneous Division 1—Provision and use of tax file numbers 45 Requesting tax file numbers 46 How request for tax file number is satisfied 47 Consequences of not giving tax file number 47A Use of tax file numbers 48 Obligation to notify happening of certain events 49 Offences 50 Proceedings against corporations 51 Evidentiary certificates 55 Time for instituting criminal proceedings 55A Appropriation 56 Regulations Part 9—Review of decisions Division 1—Internal review 302 Application of Division 303 Secretary may review decisions 304 Application for review 305 Secretary may continue payment pending outcome of application for review 306 Powers of Secretary or authorised review officer if application for review 308 Notification of further rights of review Division 1A—Internal review of certain Commissioner decisions relating to ABSTUDY student start‑up loans 308A Decisions reviewable under this Division 308B Commissioner must give reasons for reviewable decisions 308C Reviewer of decisions 308D Reviewer may reconsider reviewable decisions 308E Notice to ART Principal Registrar 308F Reconsideration of reviewable decisions on request 308G Withdrawal of request 308H ART review of reviewable decisions 308J Decision changed before ART review completed Division 2—Review by ART Subdivision A—Preliminary 309 Simplified outline of this Division 310 Application of Division Subdivision B—ART review 311 Application for ART review 311A Person who made the decision 311B Decision‑maker taken to have elected not to participate in ART review proceeding 312 No time limit for application for certain ART reviews 313 Operation and implementation of decision under ART review 313A Remitting decisions for reconsideration 313B Requesting reasons for decision 313C Legal or financial assistance 314 Secretary may continue payment pending outcome of application for ART review 315 Variation of original decision after application is made for ART review 315A Hearing of certain ART reviews in private 316 Powers of ART for purposes of ART review 317 Certain decisions on ART review 319 Secretary or ART may treat event as having occurred if decision set aside on ART review Subdivision D—Matters relating to reviews by the ART 327 Settlement of proceedings before the ART Part 10—Administration Division 1—General administration 338 Delegation 339 Authorised review officers 340 Decisions to be in writing 341 Notice of decisions Division 2—Information gathering 342 Application 342A Reasonable belief needed to require information or documents 343 General power to obtain information 344 Power to obtain information from a person who owes a debt to the Commonwealth 345 Power to obtain information about a person who owes a debt to the Commonwealth 347 Provisions relating to requirements 347A Self‑incrimination 347B Use of information in investigations etc. 348 Relationship with other laws Division 3—Confidentiality 350 Operation of section 12ZU unaffected 350A Definitions 351 Permitted obtaining of, making a record of, disclosure of or use of protected information 351A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information 351B Secretary may arrange for use of computer programs to make decisions 352 Offence—unauthorised obtaining of protected information 353 Offence—unauthorised making a record of, disclosure of or use of protected information 354 Protection extends to court, tribunal etc. proceedings 355 Secretary's certificate 356 Guidelines for exercise of Secretary's disclosure powers 357 Offence—soliciting disclosure of protected information 358 Making untrue representations for purpose of soliciting disclosure of protected information 359 Offences—offering to supply protected information 360 Officer's oath or declaration 361 Freedom of Information Act not affected Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes Endnote 6—Repeal table Endnote 7—Renumbering table