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This Act may be cited as the Student Assistance Act 1973.
This Act shall come into operation on a date to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
ABSTUDY SSL debt means a debt incurred under section 8B.
ABSTUDY student start‑up loan means a loan for which a person qualifies under Division 2 of Part 2.
Part 2 is taken to be part of the ABSTUDY Scheme and ABSTUDY student start‑up loans are taken to be made under the ABSTUDY Scheme: see section 7B.
ABSTUDY student start‑up loan overpayment has the meaning given by subsection 38A(1).
accumulated ABSTUDY SSL debt has the meaning given by section 9C.
accumulated FS debt has the meaning given by subsection 12ZF(2) or (3).
actual repayments, in relation to financial supplement, at a particular time, means the sum of the amounts actually repaid in respect of the financial supplement before that time.
adjusted parental income, for the purposes of Part 4A, has the meaning given by the regulations.
amount notionally repaid, in relation to financial supplement, has the meaning given by subparagraph 12ZA(10)(b)(ii).
amount outstanding, in relation to a financial supplement contract, has the meaning given by section 12X.
approved form has the meaning given by section 388‑50 in Schedule 1 to the Taxation Administration Act 1953.
approved scholarship course has the same meaning as in the ABSTUDY Scheme.
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act 2024.
ART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART.
ART review has the meaning given by section 311.
Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
In Division 4 of Part 6 (about departure prohibition orders), Australia has an extended meaning.
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997.
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
Commissioner means the Commissioner of Taxation.
compulsory ABSTUDY SSL repayment amount means an amount that:
is required to be paid in respect of an accumulated ABSTUDY SSL debt under section 10F; and
is included in a notice of assessment made under section 10H.
compulsory repayment amount means an amount that:
is required to be paid in respect of an accumulated FS debt under section 12ZK; and
is included in a notice of an assessment made under section 12ZM.
contract period, in relation to a financial supplement contract, means the period beginning when the contract was entered into and ending on 31 May in the year in which the last of the periods of 12 months referred to in paragraph 12X(3)(b) ends.
current special educational assistance scheme means:
the Assistance for Isolated Children Scheme; or
the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme).
departure authorisation certificate means a certificate under Subdivision D of Division 4 of Part 6.
departure prohibition order means an order under Subdivision A of Division 4 of Part 6 (including such an order varied under Subdivision C of that Division).
discount, in relation to a repayment of an amount of financial supplement, has the meaning given by section 12ZA.
disqualifying education costs scholarship has the same meaning as in the Social Security Act 1991.
education institution means:
a higher education institution; or
a technical and further education institution; or
a secondary school; or
any other institution (including an educational institution), authority or body, that is in Australia and that, in accordance with a determination by the Minister, is to be regarded as an education institution for the purposes of this Act.
eligible student, for the purposes of Part 4A, has the meaning given by section 12C.
A person cannot be an eligible student for the whole 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 (see subsection 12C(1A)).
enrolment test day has the meaning given by subsection 8B(5).
exempt foreign income has the meaning given by subsection 12ZL(4).
family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999.
financial corporation means:
a foreign corporation within the meaning of paragraph 51(xx) of the Constitution whose sole or principal business activities in Australia are the borrowing of money and the provision of finance; or
a financial corporation within the meaning of that paragraph;
and includes a bank.
financial institution has the same meaning as in the Social Security Act 1991.
financial supplement means a loan made by a participating corporation under a financial supplement contract to the other party to the contract.
financial supplement contract means a contract in force as provided by subsection 12K(2).
former accumulated ABSTUDY SSL debt has the meaning given by section 9B.
former special educational assistance scheme means:
the former Aboriginal Secondary Assistance Scheme; or
the scheme known as the Aboriginal Overseas Study Assistance Scheme or the Aboriginal and Torres Strait Islander Overseas Study Award Scheme; or
the former Adult Secondary Education Assistance Scheme; or
the former Secondary Allowances Scheme; or
the former Living Allowance for English as a Second Language Scheme.
FS assessment debt means an amount that is required to be paid in respect of an accumulated FS debt under section 12ZK and is included in a notice of an assessment made under section 12ZM.
FS debt has the meaning given by subsection 12ZF(1).
guidance and appeals panel has the same meaning as in the ART Act.
guidance and appeals panel proceeding has the same meaning as in the ART Act.
HELP debt indexation factor has the same meaning as in the Higher Education Support Act 2003.
HELP repayment income has the same meaning as repayment income has in the Higher Education Support Act 2003.
higher education institution means an educational institution in Australia that, in accordance with a determination by the Minister, is to be regarded as a higher education institution for the purposes of this Act.
Human Services Department means Services Australia.
income tax has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
income tax law has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
income year has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
indexation amount, in relation to a financial supplement contract, has the meaning given by section 12Y.
index number, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.
Medicare levy means the Medicare levy imposed by the Medicare Levy Act 1986.
medicare program has the same meaning as in the Human Services (Medicare) Act 1973.
minimum HELP repayment income has the same meaning as minimum repayment income has in the Higher Education Support Act 2003.
minimum repayment income has the same meaning as in the Higher Education Support Act 2003.
notional repayments, in relation to financial supplement, at a particular time, means the sum of the amounts notionally repaid in respect of the financial supplement before that time.
office, in relation to a financial corporation, has the meaning given by the regulations.
officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Division 3 of Part 10, includes:
a person who has been such a person; and
a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under this Act; and
a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under this Act.
participating corporation has the meaning given by subsection 12D(2).
prescribed benefit, for the purposes of Part 4A, in relation to the ABSTUDY scheme, means a benefit under the scheme concerned that is declared by the regulations to be a prescribed benefit for the purposes of that Part.
prescribed educational scheme overpayment means an amount paid under a prescribed education scheme that should not have been paid.
principal sum, in relation to a financial supplement contract, at a particular time, means the total of the amounts of financial supplement paid under the contract before that time by the relevant participating corporation to the other party to the contract.
protected information means information about a person that:
has been obtained for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme); and
is held in the records of:
the Department; or
a Department administered by a Minister responsible for the administration of the Social Security Act 1991; or
the Human Services Department.
qualification period, for an ABSTUDY student start‑up loan, means a period of 6 months starting on 1 January or 1 July in any year.
qualification test day, for a qualification period for an ABSTUDY student start‑up loan, has the meaning given by subsection 7C(2).
repayable ABSTUDY SSL debt has the meaning given by section 10G.
repayable debt, for an income year, has the meaning given by section 12ZLB.
repayment income has the meaning given by section 12ZL.
return means an income tax return within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997.
secondary school means an educational institution in Australia that, in accordance with a determination by the Minister, is to be regarded as a secondary school for the purposes of this Act.
Secretary means the Secretary of the Department.
social security law has the same meaning as in the Social Security Act 1991.
special educational assistance scheme overpayment means an amount paid under a current special educational assistance scheme, or a former special educational assistance scheme, that should not have been paid.
student, in Part 4A, has a meaning affected by subsection 12B(2).
student assistance benefit means a payment under:
the AUSTUDY scheme under this Act as in force before 1 July 1998; or
the Student Financial Supplement Scheme (including the Scheme as in force before 1 July 1998); or
a current or former special educational assistance scheme.
student assistance overpayment means:
an amount:
paid under the AUSTUDY scheme under this Act as in force before 1 July 1998; and
that should not have been paid; or
a debt due by a person other than a financial corporation to the Commonwealth under paragraph 12QB(2)(d), 12QC(2)(d), 12S(2)(d) or 12U(2)(c) (including a debt accrued under either of those paragraphs as in force before 1 July 1998).
Student Financial Supplement Scheme means the scheme constituted by Part 4A for the payment of financial supplement to students.
An application under the Student Financial Supplement Scheme cannot be made in respect of 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 (see subsection 12C(1A)).
subsidy means subsidy under an agreement referred to in section 12D.
taxable income has the meaning given by section 4‑15 of the Income Tax Assessment Act 1997.
tax file number has the same meaning as in Part VA of the Income Tax Assessment Act 1936.
technical and further education institution means an educational institution in Australia that, in accordance with a determination by the Minister, is to be regarded as a technical and further education institution for the purposes of this Act.
termination date, in relation to a financial supplement contract, means the last day of the contract period.
TFN declaration has the same meaning as in Part VA of the Income Tax Assessment Act 1936.
veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.
voluntary ABSTUDY SSL repayment means a payment made to the Commissioner in discharge of an accumulated ABSTUDY SSL debt or an ABSTUDY SSL debt. It does not include a payment made in discharge of a compulsory ABSTUDY SSL repayment amount.
WPI index number, in relation to a quarter, means the Wage Price Index (quarterly index/total hourly rates of pay excluding bonuses/Australia/private and public/all industries) number published by the Australian Statistician in respect of that quarter.
year means a calendar year.
For the purposes of the definitions of education institution, higher education institution, secondary school and technical and further education institution in subsection (1), a reference to Australia includes a reference to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
A determination by the Minister for the purposes of the definition of education institution, higher education institution, secondary school or technical and further education institution is a legislative instrument.
This Act binds the Crown in all its capacities.
Nothing in this Act permits the Crown to be prosecuted for an offence.
This Act extends to Norfolk Island, to the Territory of Christmas Island and to the Territory of Cocos (Keeling) Islands.
The Secretary is, subject to section 12ZEA and to any directions of the Minister, to have the general administration of this Act.
Section 12ZEA provides that the Commissioner has the general administration of Division 6 of Part 4A, to the extent that the Division relates to the Commissioner.
In administering this Act, the Secretary is to have regard to:
the desirability of achieving the following results:
the ready availability to members of the public of advice and information services relating to benefits under this Act;
the ready availability of publications containing clear statements about entitlements under this Act and procedural requirements;
the delivery of services under this Act in a fair, courteous, prompt and cost‑efficient manner;
a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on people who receive benefits under this Act;
the establishment of procedures to ensure that abuses of the schemes for benefits under this Act are minimised; and
the special needs of disadvantaged groups in the community; and
the need to be responsive to Aboriginality and to cultural and linguistic diversity; and
the importance of the systems of review of decisions under this Act; and
the need to apply government policy in accordance with the law and with due regard to relevant decisions of the ART.
In administering this Act, the Secretary is also bound by the Privacy Act 1988 and by the provisions of this Act concerning confidentiality—see Division 3 of Part 10.
The Minister may, for the purposes of this Act, determine in writing that:
a course of study or instruction is a secondary course, or a tertiary course; or
a part of a course of study or instruction is a part of a secondary course, or a part of a tertiary course.
To avoid doubt, a course of study or instruction includes an accelerator program course (within the meaning of the Higher Education Support Act 2003).
For the purposes of this section, a determination that:
was made under paragraph 7(1)(c) as in force before the day on which this section commences; and
was in force immediately before that day;
is taken to be a determination under subsection (1) of this section and may be amended or repealed accordingly.
A determination under subsection (1) may make provision for and in relation to a specified course, that ceases to be a secondary course or a tertiary course, continuing to be a secondary course or a tertiary course in relation to specified persons in specified circumstances.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
A determination under subsection (1) is a legislative instrument.
Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
ABSTUDY student start‑up loans are income‑contingent loans made under the ABSTUDY Scheme.
Broadly, full‑time students who are receiving Living Allowance might be qualified for an ABSTUDY student start‑up loan. A person can qualify for up to 2 loans each calendar year. To receive a loan, a person must make a claim before the end of the relevant period for each loan.
Once the person’s income exceeds the minimum repayment income under the Higher Education Support Act 2003 and the person has finished repaying any debt under that Act and certain other income‑contingent loan schemes, the person must start repaying debt in relation to ABSTUDY student start‑up loans.
Broadly, full‑time students who are receiving Living Allowance might be qualified for an ABSTUDY student start‑up loan. A person can qualify for up to 2 loans each calendar year.
For the purposes of a reference in this Act or another law to the ABSTUDY Scheme:
this Part is taken to be part of the ABSTUDY Scheme; and
ABSTUDY student start‑up loans are taken to be made under the ABSTUDY Scheme.
This Part does not limit the ABSTUDY Scheme. In particular, the ABSTUDY Scheme may make provision for matters relating to ABSTUDY student start‑up loans for which provision is not made in this Act.