Student Assistance Act 1973

The Secretary must:

decide whether a person (the student) who applies for benefits under the AUSTUDY scheme or the ABSTUDY scheme in respect of a year or a part of a year is an eligible student in respect of that year or that part of that year; and

give to the student written notice of the decision stating whether the student is an eligible student in respect of that year or that part of that year and, if so, stating:

the minimum and maximum amounts, as determined under the regulations, of the financial supplement that the student is eligible to obtain; and

such other information as is required by the regulations to be included in such a notice.

Subsection (1) does not apply in relation to a year, or a part of a year, that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent.

If the notice under subsection (1) states that the student is an eligible student, the Secretary must give to the student a form of application for the financial supplement approved by the Secretary.

At any time, whether before or after the student has lodged an application for the financial supplement with a participating corporation under section 12G, the Secretary may review the decision and must, if the decision is revoked or varied, give to the student:

a notice under paragraph (1)(b) stating that the decision has been revoked or varied and, if the decision has been varied, setting out particulars of the variation; and

if the decision has been varied before the student lodged an application for the financial supplement—a fresh form of application.

If a notice is given to the student as mentioned in subsection (3), any notice previously given to the student under paragraph (1)(b) before the decision was reviewed is taken to be revoked and the student is not entitled to use any previous notice in connection with an application for financial supplement under section 12G.