For the purposes of a reference in this Act or another law to 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.

A person is qualified for an ABSTUDY student start-up loan for a qualification period if:

(2) A person’s qualification test day for a qualification period is the earliest of the following:

The amount of an ABSTUDY student start-up loan for which a person is qualified is $1,025.

(2) The amount of an ABSTUDY student start-up loan is to be indexed under Social Security Act 1991, on each 1 January, as if it were a student start-up loan amount referred to in the table in subsection 1191(1) of that Act. The indexed amount is taken to be the amount specified in subsection (1) on and from that 1 January.Division 2 of Part 3.16 of the

A person incurs an ABSTUDY SSL debt to the Commonwealth if the person is paid an ABSTUDY student start-up loan for a qualification period.

The ABSTUDY SSL debt is incurred by the person on the later of:

The amount of the person’s ABSTUDY SSL debt is the amount of the loan, reduced by any amount repaid before the day on which the debt is incurred.

Despite subsection (1), an ABSTUDY SSL debt is not incurred, and is taken never to have been incurred, in relation to a loan if:

(5) A person’s enrolment test day, for a qualification period, is the earliest of the following days:

This section applies if a person incurs an ABSTUDY SSL debt during the period beginning on 1 January 2025 and ending on 1 June 2025.

For the purposes of this Act, and despite subsection 8B(3), the amount of the ABSTUDY SSL debt is the amount worked out under that subsection reduced by 20%.

If a person incurs an ABSTUDY SSL debt, the Secretary must give the Commissioner a notice specifying the amount of the debt incurred by the person.

The Secretary may include in the notice any other details the Commissioner requests for the purpose of ensuring the Commissioner has the information needed to exercise powers or perform functions of the Commissioner under this Act.

(1) A person’s former accumulated ABSTUDY SSL debt, in relation to the person’s accumulated ABSTUDY SSL debt for a financial year, is worked out by multiplying:

For the purposes of this section, an assessment, or an amendment of an assessment, is taken to have been made on the day specified in the notice of assessment, or notice of amended assessment, as the date of issue of that notice.

(1) A person’s accumulated ABSTUDY SSL debt, for a financial year, is worked out as follows:

where:

ABSTUDY SSL debt repayments is the sum of all of the voluntary ABSTUDY SSL repayments (if any) paid, on or after 1 July in the financial year and before 1 June in that year, in reduction of the ABSTUDY SSL debts incurred in that year.

ABSTUDY SSL debts incurred is the sum of the amounts of all of the SSL debts (if any) that the person incurred during the first 6 months of the financial year.

former accumulated ABSTUDY SSL debt is the person’s former accumulated ABSTUDY SSL debt in relation to that accumulated ABSTUDY SSL debt.

The person incurs the accumulated ABSTUDY SSL debt on 1 June in the financial year.

For the purposes of working out a person’s former accumulated ABSTUDY SSL debt in relation to the person’s accumulated ABSTUDY SSL debt for the financial year starting on 1 July 2024, section 9B has effect as if the method statement in subsection (1) of that section included the following step after step 6:

Step 7. Reduce the amount worked out under step 6 by 20%.

For the purposes of working out a person’s accumulated ABSTUDY SSL debt for the financial year starting on 1 July 2024, section 9C has effect as if the formula in subsection (1) of that section were omitted and substituted with the following:

If, apart from this section, a person’s accumulated ABSTUDY SSL debt would be an amount consisting of a number of whole dollars and a number of cents, disregard the number of cents.

If, apart from this section, a person’s accumulated ABSTUDY SSL debt would be an amount of less than $1.00, the person’s accumulated ABSTUDY SSL debt is taken to be zero.

The accumulated ABSTUDY SSL debt that a person incurs on 1 June in a financial year discharges, or discharges the unpaid part of:

Nothing in subsection (1) affects the application of section 8B, 8BA, 8C, 9B, 9C or 9CA.

Upon the death of a person who has an accumulated ABSTUDY SSL debt, the accumulated ABSTUDY SSL debt is taken to be discharged.

To avoid doubt, this section does not affect any compulsory ABSTUDY SSL repayment amounts required to be paid in respect of the accumulated ABSTUDY SSL debt, whether or not those amounts were assessed before the person’s death.

The debts under this Part are:

To avoid doubt, debts that arise under section 39 are not debts under this Part.

To avoid doubt, nothing in this section affects section 7B (about the relationship of this Part to the ABSTUDY Scheme).

Subdivision B—Voluntary discharge of indebtedness

A person may at any time make a payment in respect of a debt that the person owes to the Commonwealth under this Part.

The payment must be made to the Commissioner.

Any money a person pays under this Subdivision to meet the person’s debts to the Commonwealth under this Part is to be applied in payment of those debts as the person directs at the time of the payment.

If the person has not given any directions, or the directions given do not adequately deal with the matter, any money available is to be applied as follows:

If:

A person is not liable under this section to pay an amount for an income year if the amount worked out under subsection (1) is zero or less.

(3) A person is not liable under this section to pay an amount for an income year if, under Medicare Levy Act 1986:section 8 of the

(1) A person’s repayable ABSTUDY SSL debt for an income year is:

A reference in paragraph (1)(b) of this section to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount.

Subdivision D—Assessments

A person may apply in the approved form to the Commissioner for deferral of the making of an assessment in respect of the person under section 10H.

The application must specify:

The income year specified in the application must be:

The Commissioner may, on application by a person under this section, defer making an assessment in respect of the person under section 10H if the Commissioner is of the opinion that:

The Commissioner may defer making the assessment for any period that he or she thinks appropriate.

The Commissioner must, as soon as practicable after an application is made under this section:

A person may apply in the approved form to the Commissioner for an amendment of an assessment made in respect of the person under section 10H so that:

The application:

The Commissioner may, on application by a person under this section, amend an assessment made in respect of the person under section 10H so that:

The Commissioner must, as soon as practicable after an application is made under this section:

The Secretary may provide to the Commissioner a tax file number that a person has notified to the Secretary for the purposes of paragraph 7C(1)(c), for the purpose of verifying that the number is the person’s tax file number.

If the Commissioner is satisfied that the number is the person’s tax file number, the Commissioner may give the Secretary a written notice informing the Secretary accordingly.

If the Commissioner is satisfied:

That number is taken to be the number that the person notified to the Secretary.

If:

The Commissioner must give a copy of any notice under subsection (1) of this section to the person concerned, together with a written statement of the reasons for the decision to give the notice.

If the Commissioner issues, to a person who has notified a tax file number to the Secretary for the purposes of paragraph 7C(1)(c), a new tax file number in place of a tax file number that has been withdrawn, the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

That new number is taken to be the number that the person notified to the Secretary.

If the Commissioner cancels a tax file number issued to a person who has notified the tax file number to the Secretary for the purposes of paragraph 7C(1)(c), the Commissioner may give to the Secretary a written notice informing the Secretary accordingly.

The Commissioner must give a copy of any notice under subsection (1) of this section to the person concerned, together with a written statement of the reasons for the decision to give the notice.

(1) Taxation Administration Act 1953 has effect as if:Part 4-25 in Schedule 1 to the

Subsection (1) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection.

The object of this Part is to enable a tertiary student who is, or except for the ABSTUDY parental income test would be, eligible for certain benefits under the ABSTUDY scheme to obtain a repayable financial supplement by choosing to enter into a contract for that purpose with a financial corporation that participates in the Student Financial Supplement Scheme.

The payment of financial supplement will reduce certain other benefits payable to the student under the ABSTUDY scheme. The amount of the supplement that the student is eligible to obtain depends on the total amount of those benefits that the student chooses to receive, and the student may choose to repay some of the benefits, or to receive lower benefits, in order to receive a higher supplement.

The student is not liable to pay interest to the financial corporation in respect of financial supplement obtained, but the Commonwealth will, without cost to the student, pay a subsidy to the financial corporation that includes an amount in lieu of interest.

However, the amount of the financial supplement that has to be repaid under a contract will be indexed on 1 June in the year next following the year in which the contract is entered into and on 1 June in each subsequent year. The amount by which supplement is increased by indexation is owed by the student to the Commonwealth and not to the financial corporation. The student is entitled, but not required, to make early repayments above a certain amount in respect of the supplement during the period of the contract. There is a discount, worked out under subsection 12ZA(7) or (7A), for repayments made before the end of that period.

If financial supplement obtained by a student is not repaid in full before the end of the period of the contract, the obligation to repay the amount of the supplement that is still outstanding is assigned to the Commonwealth and the indexed amount is repayable by the student to the Commonwealth through the taxation system when the student’s income reaches a certain level.

(1) In this Part, unless the contrary intention appears, expressions that are defined in the Income Tax Assessment Act 1936 have the same meanings as in that Act.

(2) For the purposes of the application of this Part in relation to a person at a time after the person entered or first entered into a financial supplement contract with a participating corporation, the person is called a student even though the contract period or any contract period may have ended or the person may have ceased to be a student.

Subject to subsection (1A), a person is an eligible student for the purposes of this Part in relation to a year or a part of a year if:

(1A) A person is not an eligible student 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 Minister may, by legislative instrument, determine that subsection (2) does not apply in relation to a place, or a class of place, specified in the determination.

If a person is undertaking, or proposes to undertake, by correspondence with an education institution:

An eligible student may apply for financial supplement only to a financial corporation that has entered into an agreement with the Commonwealth to pay financial supplement in accordance with this Act.

Subject to this section, if the Minister has, whether before or after the commencement of this Part, entered into, on behalf of the Commonwealth, an agreement with a financial corporation for the payment by the corporation, in the year beginning on 1 January 1993 or a subsequent year, of financial supplement to eligible students, the corporation is a participating corporation for the purposes of this Part in respect of that year.

Subsection (2) does not apply in relation to an agreement unless the agreement:

Subject to subsection (5), the parties to an agreement referred to in subsection (2) (or such an agreement as previously amended) may enter into an agreement amending or terminating the first-mentioned agreement (or that agreement as previously amended).

The amendment or termination of an agreement does not affect any financial supplement contract that was in force immediately before the amendment or termination took effect.

An agreement entered into between the Commonwealth and a financial corporation as mentioned in this section is not subject to any stamp duty or other tax under a law of a State or Territory.

An officer may disclose to a participating corporation any information about a student that is relevant to the exercise or performance by the corporation of any of its rights or obligations in respect of the student under this Part.

A participating corporation may disclose to an officer any information about a student that is relevant to the exercise or performance of any rights, powers or obligations conferred or imposed on an officer or on the Commonwealth in respect of the student under this Part.

The Secretary must:

(1A) 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 the Secretary may review the decision and must, if the decision is revoked or varied, give to the student:section 12G,

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.

A person who receives a notice under section 12F stating that the person is an eligible student in respect of a year or part of a year, is entitled to apply for the whole or part of the financial supplement he or she is eligible to obtain in respect of the year or part of the year. To obtain financial supplement, the person must apply in accordance with this section.

The person may obtain the financial supplement if the person applies for it while the person is an eligible student in respect of the year or part of the year, as the case requires.

The person may also obtain the financial supplement if:

An application for financial supplement must be made by lodging the form of application, duly completed, together with the notice issued under section 12F, at any office of a participating corporation.

The Secretary must notify an applicant under subsection (3) and the corporation of a decision made under that subsection in respect of the applicant.

The payment of financial supplement to a person will, as mentioned in subsection 12A(2), reduce the person’s entitlement to certain other benefits under the ABSTUDY scheme in accordance with subsection (2).

If:

If, apart from this subsection, the amount by which a benefit would be reduced by subsection (2) is an amount of dollars and cents and the cents include a half of one cent, the amount is increased by a half of one cent.

(1) If a person (the student) who is entitled to do so applies to a participating corporation in accordance with section 12G for the payment of financial supplement in respect of a year or a part of a year, the corporation must, as soon as practicable, accept the application by written notice to the student.

The acceptance of the application forms a binding contract in respect of that year or that part of that year between the corporation and the student for the making of a loan by the corporation to the student in accordance with this Division of such amount of financial supplement as the student from time to time requests but not exceeding the maximum amount of financial supplement that the student is from time to time eligible to obtain and for the making, if the student so wishes, of repayments during the contract period in accordance with Division 5 in respect of the amount outstanding from time to time under the contract.

Despite subsection (2), any amount paid to the student by the corporation in accordance with advice provided by the Commonwealth is taken to be financial supplement paid under the contract even though the student may not have been eligible to obtain that amount.

Subsection (3) does not affect the operation of Division 4.

In determining the extent (if any) to which it is liable to make a payment in respect of financial supplement to a student under a financial supplement contract, a participating corporation is entitled to rely on advice provided by the Commonwealth.

Subject to this Part, the validity of a financial supplement contract is not affected merely because the student was not an eligible student when the application was accepted or ceases at a later time to be an eligible student.

A financial supplement contract is not invalid, and is not voidable, under any other law (whether written or unwritten) in force in a State or Territory.

Without limiting the generality of subsection (7), a financial supplement contract is not invalid merely because the student is an undischarged bankrupt when the contract is entered into, and any liability of the student to a participating corporation or the Commonwealth under or because of the contract is enforceable despite the bankruptcy.

An eligible student under a financial supplement contract has a right to cancel the contract. However, the student may waive the right to cancel the contract (see section 12KB). If the student waives the right to cancel the contract, subsections (2) to (6) do not operate in respect of that contract.

To exercise the right to cancel the contract, the student must give to the participating corporation written notice that the student is withdrawing his or her application for financial supplement. The notice may be lodged at any office of the corporation.

(3) The student’s right is exercisable at any time within the period of 14 days (the cooling off period) after the day the corporation accepts the student’s application under subsection 12K(1).

During the cooling off period the corporation must not make a payment to the student under the contract.

If:

An eligible student under a financial supplement contract may waive the right to cancel the contract.

To exercise the right of waiver, the student must give to the participating corporation written notice that he or she is waiving the right to cancel the contract immediately after his or her application is accepted by the corporation under subsection 12K(1).

A law of a State or Territory relating to the provision of credit or other financial assistance does not apply to a financial supplement contract.

An application for the payment of financial supplement, a financial supplement contract, or an act or thing done or transaction entered into under such a contract, is not subject to taxation under any law of a State or Territory.

A student who is a party to a financial supplement contract with a participating corporation may, by written notice to the corporation lodged at any office of the corporation, tell the corporation that he or she does not require any further payments under the contract after a day stated in the notice.

If notice is so given to the corporation:

If:

If notice is given to the corporation under subsection (1), then, unless the decision of the Secretary under subsection (1) is set aside or varied:

This section has effect subject to section 12ZX.

If the Secretary decides that an eligible student to whom a notice is given under within 14 days of the happening of the event, the Secretary may give written notice of the decision to the student and to the participating corporation.section 12QA failed to notify the Department under subsection 48(1) of the happening of a prescribed event in relation to the student

If notice is given under subsection (1), then, unless the decision of the Secretary under subsection (1) is set aside or varied:

Nothing in this section affects the operation of section 12QA.

If the Secretary decides that false or misleading information was provided to the Commonwealth in relation to an eligible student to whom a notice is given under section 12QA, the Secretary may give written notice of the decision to the student and to the participating corporation.

If notice is given under subsection (1), then, unless the decision of the Secretary under subsection (1) is set aside or varied:

Nothing in this section affects the operation of section 12QA.

If the Secretary decides that a student who is a party to a financial supplement contract with a participating corporation ceased to be an eligible student during the year or the part of the year to which the contract relates, the Secretary must give written notice to the student and to the corporation stating that the student ceased to be an eligible student and stating the date on which the student so ceased.

If notice is so given to the corporation, then, unless the decision of the Secretary under subsection (1) is set aside or varied:

This section has effect subject to section 12ZX.

If the Secretary decides that the student to whom a notice is given under subsection 12R(1) failed to notify the Department under subsection 48(1) that he or she had ceased to be an eligible student within 14 days after he or she so ceased, the Secretary may give written notice of the decision to the student and to the corporation.

If notice is so given, then, unless the decision of the Secretary under subsection (1) is set aside or varied:

Nothing in this section affects the operation of section 12R.

If:

If notice is so given, then, unless the decision of the Secretary under subsection (1) is set aside or varied:

This section has effect subject to section 12ZX.

If the Secretary decides that the incorrectness of the statement referred to in paragraph 12T(1)(b) resulted from false or misleading information provided to the Commonwealth in relation to the student, the Secretary may give written notice of the decision to the student and to the corporation.

If notice is so given, then, unless the decision of the Secretary under subsection (1) is set aside or varied:

In the formula in paragraph (2)(c):

interest subsidy means the part of the total subsidy paid by the Commonwealth to the corporation in respect of the financial supplement paid to the student under the contract that was paid in lieu of interest on the principal sum.

Nothing in this section affects the operation of section 12T.

If a student who is a party to a financial supplement contract with a participating corporation dies during the contract period, the Secretary may give written notice to that effect to the corporation.

If a notice is given under subsection (1), the following provisions apply:

If, despite paragraph (2)(a), the corporation makes payments to the student after the time the notice is given, any amounts so paid after the end of 4 weeks after that day:

(1) Subject to this section, the amount outstanding under the contract at any time after the contract was entered into and before 1 June in the year next following the year in respect of which the contract was entered into is the amount worked out in relation to the contract, as at that time, using the formula:

In subsection (1):

discounts means the sum of the discounts under subsection 12ZA(7) to which the student became entitled in respect of the financial supplement before the time mentioned in subsection (1).

Subject to the following provisions of this section, at any time during:

(4) For the purposes of the application of the formula in subsection (3) in relation to a time (the relevant time) within a period of 12 months beginning on 1 June (the relevant 12 months):

previous amount outstanding means the amount that was outstanding under the contract immediately before the beginning of the relevant 12 months.

actual repayments means the sum of the amounts actually repaid in respect of the financial supplement during the relevant 12 months but before the relevant time.

discounts means the sum of the discounts under subsection 12ZA(7) to which the student became entitled in respect of the financial supplement during the relevant 12 months but before the relevant time.

indexation factor means the lower of the WPI indexation factor and the number worked out to 3 decimal places in relation to the relevant 12 months using the formula:

WPI indexation factor means the number worked out to 3 decimal places in relation to the relevant 12 months using the formula:

later reference period means the period of 12 months immediately before the relevant 12 months.

earlier reference period means the period of 12 months immediately before the later reference period.

If an indexation factor or a WPI indexation factor worked out under subsection (4) would end with a number greater than 4 if it were worked out to 4 decimal places, the indexation factor is increased by 0.001.

(5A) The Minister must cause to be published in the Gazette before each 1 June the indexation factor worked out under subsection (4) (as affected by subsection (5)) in relation to the period of 12 months beginning on that day.

An indexation factor published under subsection 12ZZB(3) before the commencement of this subsection has effect as if it were an indexation factor published under subsection (5A).

If, apart from this subsection, an amount worked out under subsection (3) would be an amount of dollars and cents, the amount of the cents is to be disregarded.

This section has effect subject to paragraph 12U(2)(c).

Subject to paragraphs 12QB(2)(d), 12QC(2)(d), 12S(2)(d) and 12U(2)(c), the student is not required during the contract period to make a repayment in respect of the amount outstanding under the contract.

Non-payment by the student of the amount outstanding under the contract does not constitute a default under the contract for the purposes of any law of the Commonwealth, of a State or of a Territory.

Subject to subsection (4), the student may make to the corporation a repayment in respect of the amount outstanding under the contract at any time during the contract period.

The student is not entitled to make a repayment under subsection (3) that is less than an amount prescribed by the regulations unless the amount repaid is equal to the amount outstanding under the contract.

If the student purports to make a repayment under subsection (3) that exceeds the amount that, having regard to the discount to which the student would be entitled under subsection (7) or (7A) (as the case may be), would be needed to be paid in order to pay in full the amount outstanding under the contract, the excess is taken not to be a repayment in respect of the financial supplement and is to be repaid by the corporation to the student.

(6) If the student makes a repayment as mentioned in subsection (3), the following provisions of this section have effect in relation to the amount of that repayment (the amount repaid) except:

If the student makes a repayment in respect of the amount outstanding under the contract that is less than the amount outstanding under the contract, the student is entitled for the purposes of this Part, in respect of the amount outstanding under the contract, to a discount of an amount worked out using the formula:

If the student makes a repayment in respect of the amount outstanding under the contract that equals that amount, the student is entitled, for the purposes of this Act, to a discount of an amount worked out using the formula:

If, apart from this subsection, an amount worked out under subsection (7) or (7A) would be an amount of dollars and cents, the amount is to be rounded to the nearest dollar (rounding 50 cents upwards).

(9) If no indexation amount existed in relation to the contract immediately before the repayment is made, the student is taken to have repaid to the corporation in respect of the financial supplement an amount (the amount notionally repaid) equal to the discount.

If an indexation amount existed in relation to the contract immediately before the repayment is made:

The Commonwealth is liable to pay to the corporation an amount equal to the amount notionally repaid.

If, after the making of the repayment mentioned in subsection (6), the sum of the actual repayments and the notional repayments is equal to or exceeds the principal sum:

The Secretary must, as soon as practicable after the termination date in relation to the contract, arrange for written notice to be given to the student:

If, after a notice was given to the student under subsection (1) or this subsection, the Secretary or an officer of the Department is satisfied that a material particular in the notice was not, or has ceased to be, correct, the Secretary must arrange for a further written notice to be given to the student setting out the correct particular.

A notice given to the student under this section is given for the purpose only of providing information to the student, and an FS debt of the student to the Commonwealth is not affected by a failure to give such a notice or by any incorrect statement in such a notice.

If the student considers that the notice given to the student under within 14 days after the date on which the notice was given, or within such further period as the Secretary or an officer of the Department allows, give to the Secretary a written request for the notice to be corrected in respect of that particular.section 12ZC was not, or has ceased to be, correct in a material particular, the student may,

A request must set out the particular that is considered to be incorrect and the grounds on which the student considers that particular to be incorrect.

The making of a request does not affect an FS debt of the student to the Commonwealth.

If a request is received by the Secretary, the Secretary must arrange, as soon as practicable, for the matter to which the request relates to be considered and for written notice to be given to the student of the decision on the request and, if it is decided as a result of that consideration that a material particular in the notice under section 12ZC was not, or has ceased to be, correct, for a further notice to be given to the student under subsection 12ZC(2).

(1) If, at the end of the contract period in relation to a financial supplement contract between a participating corporation and another person, there was an amount outstanding under the contract, the person incurs on 1 June immediately following the end of that period a debt (FS debt) to the Commonwealth worked out using the formula:

where:

amount outstanding means the amount outstanding under the contract at the end of the contract period.

indexation factor means the factor calculated under subsection (6).

(2) If an FS debt or FS debts of a person that existed on 1 June in a year (the relevant date) are not, or do not include, an FS debt that existed on 1 June in the immediately preceding year, the person incurs on the relevant date an accumulated FS debt to the Commonwealth equal to that FS debt or the total of those FS debts.

(3) If an FS debt or FS debts of a person that existed on 1 June in a year (the later date) are, or include, an FS debt or FS debts that existed on 1 June in the immediately preceding year (the earlier date), the person incurs on the later date an accumulated FS debt to the Commonwealth worked out using the formula:

where:

adjusted accumulated FS debt means the adjusted accumulated FS debt at the earlier date.

indexation factor means the factor calculated under subsection (6).

later FS debts means any FS debt, or the total of any FS debts, of the person that did not exist on the earlier date.

The reference in subsection (3) to the adjusted accumulated FS debt of a person at the earlier date is a reference to the amount worked out using the formula:

where:

accumulated FS debt means the accumulated FS debt of the person at the earlier date.

FSA debts means the sum of:

For the purposes of subsection (4), an assessment or an amendment of an assessment is taken to have been made on the date specified in the notice of assessment or notice of amended assessment, as the case may be, as the date of that notice.

(6) The factor to be calculated for the purposes of the definition of indexation factor in subsection (1) or (3) in determining an FS debt or the accumulated FS debt of a person at 1 June in a year (the relevant year) is the lower of the WPI indexation factor (see subsection (6A)) and the number worked out to 3 decimal places using the formula:

(6A) The WPI indexation factor is the number worked out to 3 decimal places using the formula:

If an indexation factor or a WPI indexation factor calculated in accordance with subsection (6) or (6A) would end with a number greater than 4 if it were worked out to 4 decimal places, the indexation factor is increased by 0.001.

(7A) The Commissioner must cause to be published in the Gazette before each 1 June the indexation factor worked out under subsection (6) (as affected by subsection (7)) that is applicable in working out FS debts and accumulated FS debts incurred in the 1 June concerned.

An indexation factor published under subsection 12ZZB(4) before the commencement of this subsection has effect as if it were an indexation factor published under subsection (7A).

If, apart from this subsection, the amount of an FS debt or accumulated FS debt worked out under this section would be an amount of dollars and cents, the amount of the cents is to be disregarded.

(1) Subject to subsection (2), an accumulated FS debt that a person incurs on 1 June in a year (the relevant date):

For the purpose of applying sections 12ZF and 12ZFA, subsection (1) of this section is to be disregarded.

The Secretary must, as soon as practicable after the termination date in relation to a financial supplement contract between a participating corporation and a student, arrange for notice to be given to the Commissioner stating such of the following information as is in the possession of the Secretary:

If, after a notice is given to the Commissioner under subsection (1) or this subsection, the Secretary or an officer of the Department is satisfied that a material particular in the notice was not, or has ceased to be, correct, the Secretary must arrange for a further notice to be given to the Commissioner setting out the correct particular.

The Secretary must, if required by the Commissioner to do so, give a written certificate to the Commissioner setting out a matter specified by the Commissioner that was, or was required to be, set out in a notice under subsection (1) or (2).

Subdivision B—Voluntary discharge of indebtedness

If a person is indebted to the Commonwealth under this Division, the person may at any time make a payment in respect of that indebtedness.

A payment under subsection (1) is to be made to the Commissioner.

If:

(2) A person is not liable under this section to pay an amount for an income year if, under Medicare Levy Act 1986:section 8 of the

(1) A person’s repayment income for an income year is an amount equal to the sum of:

(4) The person’s exempt foreign income is the total amount (if any) by which the person’s income that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936 exceeds the total amount of losses and outgoings that the person incurs in deriving that exempt income.

For the purposes of subsection (4), disregard any capital losses and outgoings.

(1) A person’s repayable debt for an income year is:

A reference in paragraph (1)(b) to an amount assessed to be payable is, if the amount has been increased or reduced by an amendment of the relevant assessment, a reference to the increased amount or the reduced amount.

The amount that a person is liable to pay under section 12ZK, in respect of:

A person is not liable under this section to pay an amount for an income year if the amount worked out under subsection (1) is zero or less.

Subdivision D—Returns and assessments

(1) Taxation Administration Act 1953 has effect as if:Part 4-25 in Schedule 1 to the

Subsection (1) does not have the effect of making a person liable to a penalty for any act or omission that happened before the commencement of this subsection.

The Commissioner may, on application in the approved form by a person, defer, for such period as the Commissioner considers appropriate, the making of an assessment in relation to the person under section 12ZM if the Commissioner considers that, were the assessment to be made, payment of the assessed amount would cause serious hardship to the person or considers that there are other special reasons that make it fair and reasonable to defer the making of the assessment.

The Commissioner may, on application in the approved form by a person, amend an assessment made in relation to the person under section 12ZM so that no amount is payable under the assessment if the Commissioner considers that payment of the assessed amount has caused or would cause serious hardship to the person or considers that there are other special reasons that make it fair and reasonable to make the amendment.

If an application referred to in subsection (1) or (2) is made, the Commissioner must as soon as practicable consider the matter to which the application relates and give to the applicant written notice of the Commissioner’s decision on the application.

In this section:

approved form has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953.

Application may be made to the ART for review of a decision of the Commissioner on an application referred to in subsection 12ZP(1) or a decision by the Commissioner refusing to amend an assessment pursuant to an application referred to in subsection 12ZP(2).

A notice under subsection 12ZP(3) must include a statement to the effect that:

A failure to comply with subsection (2) in relation to a notice does not affect the validity of the notice or of the decision to which the notice relates.

Subdivision E—Miscellaneous

Any amount paid or other benefit given to a person under the Student Financial Supplement Scheme is not subject to taxation under any law of the Commonwealth unless a provision of such a law expressly provides to the contrary.

Subsection (1) does not affect any liability to taxation of a participating corporation in respect of any subsidy or other amount paid to the corporation under the Student Financial Supplement Scheme.

In this section:

Commissioner includes a Second Commissioner of Taxation and a Deputy Commissioner of Taxation.

officer means a person:

A reference in this section to the acquisition by a person of confidential information is a reference to the acquisition of information in relation to the affairs of another person disclosed or obtained under or for the purposes of this Division.

For the purposes of this section, a person who performs services for the Commonwealth, although not appointed or employed by the Commonwealth, is taken to be employed by the Commonwealth.

A person who is or has been an officer must not, directly or indirectly:

Subsection (4) does not apply to the extent that the person makes the record of the information, or discloses the information, for the purposes of this Division or in the performance of the person’s duties as an officer.

For the purposes of an offence against subsection (4), strict liability applies to the physical element of circumstance, that the information was disclosed or obtained under or for the purposes of this Division.

Except when it is necessary to do so for the purpose of carrying into effect the provisions of this Division, an officer cannot be required:

Subsection (4) does not prohibit the Commissioner, or a person authorised by the Commissioner, from disclosing any information to the ART in connection with proceedings under this Act or any other Act of which the Commissioner of Taxation has the general administration.

No Act of which the Commissioner of Taxation has the general administration prohibits the Commissioner, or a person authorised by the Commissioner, from disclosing any information to a person performing, as an officer, duties arising under this Division for the purpose of enabling the person to perform those duties.

(8) Subsection (4) does not prohibit an officer (the relevant officer) from disclosing any information to an officer of the Department for the purpose of assisting the relevant officer in the performance of duties arising under this Division.

For the purposes of subsection (4), an officer is taken to have disclosed information to another person in contravention of that subsection if the officer discloses the information to a Minister.

An officer must, if and when required by the Commissioner to do so, make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in accordance with the provisions of this section.

In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

disclose, in relation to information, means give, reveal or communicate in any way.

(1) This section applies if, at any time after a financial supplement contract (the contract) is entered into between a participating corporation (the corporation) and a student, including a time after the end of the contract period:

A debt arising under or out of the contract is not a provable debt in the bankruptcy or for the purposes of the personal insolvency agreement.

Any right of the Commonwealth or of the corporation to bring an action or other proceeding against the student in respect of such a debt is not affected by the bankruptcy or personal insolvency agreement.

(4) The trustee of the estate of the bankrupt student or the trustee of the personal insolvency agreement, as the case may be, is not entitled to recover under the Bankruptcy Act 1966 any payment made by the student to the Commonwealth or to the corporation in respect of such a debt.

A reference in this section to a debt arising under or out of the contract includes a reference to:

If:

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).

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.

If a person:

A debt that arises under subsection (1) because of an ABSTUDY student start-up loan overpayment is taken to have arisen when the person is paid the loan to which the overpayment relates.

If a relevant debt owed by a person to the Commonwealth has not been wholly paid, the Secretary must give the person a notice specifying:

The outstanding amount of the debt is due and payable on the 28th day after the date of the notice.

The Secretary may give more than one notice under subsection (1) in relation to a person and a relevant debt of the person.

If:

(2) The period starts at the beginning of the day after the due day and ends at the end of the earlier of the following days:

The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

If:

(2) The period starts at the beginning of the day after the day (the due day) on which the payment was required to be made under the arrangement and ends at the end of the earliest of the following days:

The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

If:

(5) The period starts at the beginning of the day after that 14th day and ends at the end of the earlier of the following days:

The interest charge for a day in the period described in subsection (5) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(1) For the purposes of sections 41 and 41A, the interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year.

(2) The base interest rate for a day depends on which quarter of the year the day is in. For each day in a quarter in column 1 of the table, it is the monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia for the month in column 2 of the table.

If the monthly average yield of 90-day Bank Accepted Bills for a particular month in column 2 of the table in subsection (2) is not published by the Reserve Bank of Australia before the beginning of the relevant quarter, assume that it is the same as the last monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia before that month.

The base interest rate must be rounded to the second decimal place (rounding .005 upwards).

A person is not liable to pay interest charge under section 41 or 41A if on the day before the start of the period in respect of which the person would otherwise have been liable to pay that charge:

The Minister may, by legislative instrument, determine circumstances for the purposes of paragraph (1)(f).

The Secretary may determine that interest charge is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a relevant debt.

The Secretary may make a determination under this section in circumstances that include (but are not limited to) the Secretary being satisfied that the person has a reasonable excuse for:

The determination may relate to a period before, or to a period that includes a period before, the making of the determination.

The determination may be expressed to be subject to the person complying with one or more specified conditions.

If the determination is expressed to be subject to the person complying with one or more specified conditions, the Secretary must give written notice of the determination to the person as soon as practicable after the determination is made.

If:

The Secretary may cancel or vary the determination by written notice given to the person.

The Secretary may, on behalf of the Commonwealth, enter into an arrangement with a person under which the person is to pay a relevant debt, owed by the person to the Commonwealth, or the outstanding amount of such a debt, in a way set out in the arrangement.

If a person is required to make a payment under an arrangement entered into under subsection (1) before the end of a particular day, the person must make that payment before the end of that day.

An arrangement entered into under subsection (1) has effect, or is taken to have had effect, on and after the day specified in the arrangement as the day on which the arrangement commences (whether that day is the day on which the arrangement is entered into or an earlier or later day).

If an arrangement entered into under subsection (1) does not specify a day as mentioned in subsection (3), it has effect on and after the day on which it is entered into.

The Secretary may terminate or alter an arrangement entered into under subsection (1):

This section applies where:

The first reference in paragraph (2)(b) to another person includes a reference to:

The Secretary may, by written notice given to the third party, require the third party to pay to the Commonwealth:

A payment required to be made by the notice is to be made within the time specified in the notice, not being a time earlier than:

The third party must not contravene the notice.

Subsection (5) does not apply if the party has a reasonable excuse.

The Secretary must give a copy of the notice to the debtor.

Contravention of subsection (6) does not invalidate the notice.

If the third party makes a payment to the Commonwealth under the notice, the payment is to be taken to have been made with the authority of the debtor and of any other person concerned.

If the whole or a part of the debt stops being due to the Commonwealth otherwise than because of a payment made by the third party, the following provisions have effect:

If the third party, without reasonable excuse, contravenes the notice, an amount equal to:

If:

If, apart from this section, money is not due or payable on demand by the third party unless a condition is fulfilled, the money is to be taken, for the purposes of this section, to be due or payable on demand, whether or not the condition has been fulfilled.

If a person has unsatisfied liabilities to the Commonwealth in relation to more than one debt, the Secretary may:

An apportionment made by the Secretary under subsection (13) must be made in writing.

If:

If:

As soon as possible after issuing a notice under subsection (2), the Secretary must inform the deceased estate in writing of:

A financial institution must comply with a notice given to it under subsection (1) or (2).

It is a defence to a prosecution of a financial institution for failing to comply with a notice given to it under subsection (1) or (2) if the financial institution proves that it was incapable of complying with the notice.

If a notice is given to a financial institution under:

The Secretary may, on behalf of the Commonwealth, write off a debt.

Class of debts

(2) For the purposes of subsection (1), the Secretary may write off debts that are included in a class of debts determined by the Minister by notice published in the Gazette.

When decision takes effect

A decision made under subsection (1) takes effect:

The Secretary may, on behalf of the Commonwealth, waive the Commonwealth’s right to recover the whole or a part of a debt only in the circumstances described in section 43B, 43C, 43D, 43E or 43F.

When waiver takes effect

A waiver takes effect:

Subject to subsection (2), the Secretary must waive the right to recover the proportion of a debt that is attributable solely to an administrative error made by the Commonwealth if the debtor received in good faith the payment or payments that gave rise to that proportion of the debt.

Circumstances under which subsection (1) applies

Subsection (1) only applies if:

If:

For the purposes of this section, a proportion of a debt may be 100% of the debt.

In this section:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

parent, in relation to a person, means:

If:

For the purposes of this section, a proportion of a debt may be 100% of the debt.

If the Commonwealth has agreed to settle a civil action against a debtor for recovery of a debt for less than the full amount of the debt, the Secretary must waive the right to recover the difference between the debt and the amount that is the subject of the settlement.

Settlement of proceedings before the ART

If the Secretary has agreed to settle proceedings before the ART relating to recovery of a debt on the basis that the debtor will pay less than the full amount of the debt, the Secretary must waive the right to recover the difference between the debt and the amount that is the subject of the settlement.

Waiver where at least 80% of debt recovered and debtor cannot pay more

If:

(4) If the Secretary and a debtor agree that the debtor’s debt will be fully satisfied if the debtor pays the Commonwealth an agreed amount less than the amount of the debt outstanding at the time of the agreement (the unpaid amount), the Secretary must waive the right to recover the difference between the unpaid amount and the agreed amount.

Limits on agreement to accept part-payment in satisfaction of outstanding debt

The Secretary must not make an agreement described in subsection (4) unless the Secretary is satisfied that:

(6) For the purposes of subsection (5), the present value of the unpaid amount is the amount worked out in accordance with the following formula:

where:

annual repayment is the amount of the debt that the Secretary believes would be recovered under this Part in a year if subsection (4) did not apply in relation to the debt.

interest is the annual rate of interest specified by the Minister in a written notice.

repayment period is the number of years needed to repay the unpaid amount if repayments equal to the annual repayment were made each year.

Facts: Terry owed a debt of $8,000 to the Commonwealth. He has repaid $2,000 with the remaining debt being $6,000.

Terry, with the assistance of his mother, offers to make a single payment of $4,700 in full satisfaction, leaving $1,300 of the debt unpaid. Without Terry’s mother’s assistance, Terry can only pay fortnightly instalments amounting to $1,200 a year and, at that rate, would take 5 years to pay the remaining $6,000.

Assume that the Minister has specified an interest rate of 10%.

Result: The present value of the unpaid amount of $6,000 to be repaid in 5 years at a 10% interest rate is worked out as follows:

As the proposed payment of $4,700 is more than the present value of the unpaid amount (which is $4,548 as shown), and as the other conditions in subsection (5) apply, the Secretary may accept Terry’s offer and make an agreement with him as described in subsection (4).

If the Secretary makes the agreement, the Secretary must, in accordance with subsection (4), waive the remaining $1,300 of the debt (being the difference between the unpaid amount of $6,000 and the agreed amount of $4,700).

Notice is a legislative instrument

(7) A notice described in the definition of interest in subsection (6) is a legislative instrument.

(1) The Secretary may make an order (a departure prohibition order) prohibiting a person from departing from Australia for a foreign country if:

Before making an order under this section, the Secretary must have regard to the following matters:

A departure prohibition order must be in a form approved by the Secretary.

Subdivision B—Departure from Australia of debtors prohibited

This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

The Secretary must notify the person that the order has been made.

The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

(4) Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Minister administering the Migration Act 1958 a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering that Act.

The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Division, to such other persons as the Secretary considers appropriate in the circumstances, being persons declared in an instrument under subsection (6).

The Secretary may, by legislative instrument, declare persons for the purposes of subsection (5).

The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

(2) However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958.

The Secretary must revoke a departure prohibition order in respect of a person if:

The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

A revocation or variation, under this section, of a departure prohibition order may be:

If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

If:

A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision D—Departure authorisation certificates

(1) A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate) authorising the person to depart from Australia for a foreign country.

The application must be in a form approved by the Secretary.

This section applies if a person makes an application under section 43N for a departure authorisation certificate.

The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person’s return to Australia by such day as is agreed by the person and the Secretary and is specified in the departure authorisation certificate.

The Secretary may substitute a later day for the day mentioned in subsection (1):

The Secretary may refuse an application by a person to substitute a later day if:

A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate.

The day specified in the certificate must be a day that is after the day on which the certificate is issued, but not more than 7 days after that day.

If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to:

If:

The notice must be in a form approved by the Secretary and must be given as soon as practicable after the refusal.

If, under the Secretary substitutes a later day for a person’s return to Australia, the Secretary must give notice of that decision to:section 43Q,

If:

A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision E—Appeals and review in relation to departure prohibition orders and departure authorisation certificates

A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) against the making of the order.

This section has effect subject to Chapter III of the Constitution.

Applications may be made to the ART for review of a decision of the Secretary under section 43L, 43P or 43Q.

Despite any provision of the Secretary under this Division.Part 9, that Part does not apply in relation to any decision of

In this section:

decision has the same meaning as in the ART Act.

Subdivision F—Enforcement

(1) This section applies if an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, believes on reasonable grounds that:

The officer or member may:

A person commits an offence if:

Subsection (3) does not apply if the person answers the question or produces the document to the extent that the person is capable of answering the question or producing the document.

An individual is not excused from answering a question, or producing a document, under paragraph 43Y(2)(b) on the ground that the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

However:

If:

A person commits an offence of strict liability if:

The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which an officer may make a decision that is the doing of a thing under section 43D (waiver of small debt) or section 44 (non-recovery of certain amounts).

A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.

The Secretary may request, but not compel, a person in Australia to give the Secretary a statement of the person’s tax file number if the person:

A request under this section may be made orally or in writing.

If the Secretary requests a person under section 45 to give the Secretary a statement of the person’s tax file number, the person satisfies the request by giving the Secretary, within the period mentioned in subsection (2) of this section (if applicable):

If the person is receiving a benefit under a current special educational assistance scheme, the material mentioned in paragraph (1)(a) or (b) must be given within 28 days after the making of the request.

Requirements for declarations

For the purposes of subparagraph (1)(b)(i), the statement is:

For the purposes of subparagraph (1)(b)(ii), the matters are as follows:

If the Secretary makes a request of a person under section 45, the consequences set out in the following table apply if the person does not satisfy the request in accordance with section 46.

Consequences of person not having tax file number after giving declaration

If:

The Secretary may exempt a person who has been given a request under section 45 from the operation of subsection (1) or (2) of this section.

(1) For the purposes of a current special educational assistance scheme, the Secretary may require the Commissioner of Taxation to provide the Secretary with information about people, including tax file numbers, that was contained in TFN declarations lodged with the Commissioner under Income Tax Assessment Act 1936.Division 3 of Part VA of the

Information provided to the Secretary under a requirement made under subsection (1) may be used only for the following purposes:

If a prescribed event happens in relation to a person who is receiving, or entitled to receive, an amount under a financial supplement contract or a current special educational assistance scheme, the person must notify the Department, in accordance with the regulations, of the happening of the event within 14 days.

(2) Despite Legislation Act 2003, regulations for the purposes of subsection (1) relating to notifying the Department may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.section 14 of the

A person must not contravene subsection 48(1).

Subsection (1) does not apply if the person has a reasonable excuse.

(2) Where a person is convicted of an offence against subsection (1) of this section or an offence against 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.section 135.2, 136.1, 137.1 or 137.2 of the

(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.

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.

Where, in proceedings for an offence against this Act or regulations made for the purposes of this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, employee or agent of the corporation, being a director, employee or agent who engaged in the conduct within the scope of his or her actual or apparent authority, had the state of mind.

Any conduct engaged in on behalf of a corporation:

A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.

A certificate by the Secretary stating:

A certificate given by the Secretary stating:

In any proceeding, a document purporting to be a certificate by the Secretary under this section is taken, unless the contrary is established, to be such a certificate and to have been duly given.

Payment of benefit in relation to:

The following payments, namely:

In this section:

benefit includes an advance on account of benefit that is expected to become payable under a scheme mentioned in subsection (1).

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:

Regulations may also be made under this section to prescribe matters in relation to any transitional matters (including prescribing any saving or application provisions) arising out of:

(3) Without limiting subsection (2), and in spite of any other provisions in this Act or any other Act, regulations under subsection (2) may modify the effect of a provision in Social Security Legislation (Youth Allowance Consequential and Related Measures) Act 1998 so as to:Part 2 of Schedule 11 to the

Unless otherwise stated, this Division applies to:

This Division does not apply to:

The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.

Decisions that are not reviewed

Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary’s powers under section 327 to settle proceedings before the ART.

Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.

Applications to ART

The Secretary may review a decision even if an application has been made to the ART for a review in relation to the decision.

Secretary may affirm, vary or substitute

The Secretary may:

If the Secretary makes a decision under subsection (4) after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary’s decision to the ART Principal Registrar.

Event taken to have occurred

If:

A person affected by a decision to which this Division applies may apply to the Secretary for review of the decision.

No application to decisions by Secretary

Subsection (1) does not apply to a decision made by the Secretary himself or herself.

Review following application

If a person applies under subsection (1) for review of a decision, the Secretary or an authorised review officer may review the decision under section 306.

Application taken to have been made

If:

If:

While a declaration under subsection (1) is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made.

Start and cessation of declaration

A declaration under subsection (1) in relation to an adverse decision:

(4) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding the opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned.

Meaning of adverse decision

In this section:

adverse decision means a decision under section 12R or 12T to stop the payment of Financial Supplement to a person.

If an application for review of a decision is made under subsection 304(1), the Secretary or an authorised review officer must:

If a person makes a decision under subsection (1), the person must give the applicant written notice of the decision.

If:

If a person gives the applicant notice under subsection 306(2), the notice must include:

A contravention of subsection (1) in relation to a decision does not affect the validity of the decision.

The Commissioner’s notice to a person of the making of a reviewable decision must include reasons for the decision.

Subsection (1) does not affect an obligation, imposed upon the Commissioner by any other law, to give reasons for a decision.

(1) The Commissioner is the reviewer of a reviewable decision for the purposes of this Division, subject to subsection (2).

If:

The reviewer of a reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.

The reviewer may reconsider the decision even if:

Subject to subsection 308H(2), after reconsidering the decision, the reviewer must:

(4) The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

The reviewer must give written notice of the decision on review to the person to whom that decision relates.

The notice:

A person whose interests are affected by a reviewable decision may request the reviewer to reconsider the decision.

The person’s request must be made by written notice given to the reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.

The notice must set out the reasons for making the request.

After receiving the request, the reviewer must reconsider the decision and:

(5) The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:

The reviewer must give the person written notice of the decision on review.

The notice:

The reviewer is taken, for the purposes of this Division, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s request.

A person who has requested the reviewer to reconsider a reviewable decision may, by written notice given to the reviewer, withdraw the request at any time before the review has been completed.

If a request is withdrawn, the request is taken never to have been made.

An application may be made to the ART for the review of a reviewable decision that has been confirmed, varied or set aside under section 308D (Reviewer may reconsider reviewable decisions) or 308F (Reconsideration of reviewable decisions on request).

(2) If the President of the Administrative Review Tribunal refers such an application to the guidance and appeals panel under Administrative Review Tribunal Act 2024, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.section 122 of the

If the reviewer varies a reviewable decision under subsection 308D(3) after an application has been made to the ART for review of that decision but before the determination of the application, the application is taken to be an application for review of the decision as varied.

Decision set aside and a new decision substituted

If the reviewer sets aside a reviewable decision under subsection 308D(3) and substitutes a new decision, after an application has been made to the ART for review of the reviewable decision but before the determination of the application, the application is taken to be an application for review of the new decision.

Unless otherwise stated, this Division applies to:

However, despite any other provision of this Division, the ART cannot review a decision:

Subject to subsection 310(2), if:

For the purposes of subsection (1), the decision made by the Secretary or authorised review officer is taken to be:

Subsection 294(1) (legal or financial assistance for applicants) of the ART Act does not apply in relation to:

Subsection 294(3) (legal or financial assistance for other parties) of the ART Act does not apply in relation to a proceeding for ART review unless the proceeding is a guidance and appeals panel proceeding.

Subsection 294(4) (legal or financial assistance for court proceedings) of the ART Act does not apply in relation to a matter that relates to a proceeding for ART review unless the proceeding is a guidance and appeals panel proceeding.

If:

A declaration under subsection (1) is to be in writing.

Act applies as if decision not made

While a declaration under subsection (1) is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made.

Start and cessation of declaration

A declaration under subsection (1) in relation to an adverse decision:

(5) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned.

Adverse decision

In this section:

adverse decision means a decision under section 12R or 12T to stop the payment of financial supplement to a person.

If an officer varies or substitutes a decision after an application has been made for ART review of the decision, the application is taken to be an application for ART review of the decision as varied or substituted.

However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.

This section applies in relation to a proceeding for ART review if the ART is constituted for the purposes of the proceeding otherwise than by the guidance and appeals panel.

The hearing of the proceeding must be in private.

The ART may give directions, in writing or otherwise, as to the persons who may be present at the hearing of the proceeding.

In giving directions, the ART must have regard to the wishes of the parties and the need to protect their privacy.

Section 69 (hearings to be in public unless practice directions or ART order requires otherwise) of the ART Act does not apply in relation to the hearing of the proceeding.

The Secretary may agree, in writing, with other parties to settle proceedings before the ART if the proceedings are an ART review and they relate to the recovery of a debt.

If the proceedings are settled and the Secretary gives the ART a copy of the agreement to settle the proceedings, the application for review of the decision that was the subject of the proceedings is taken to have been dismissed.

Subject to this section, the Secretary may, by signed writing, delegate to an officer all or any of the powers of the Secretary under this Act.

Secretary may not delegate power under paragraph 355(1)(b)

The Secretary must not delegate the Secretary’s power under paragraph 355(1)(b) to anyone except the Chief Executive Centrelink.

CEO may not subdelegate power under paragraph 355(1)(b)

(2A) If the Secretary delegates to the Chief Executive Centrelink the Secretary’s power under paragraph 355(1)(b), the Chief Executive Centrelink cannot, despite Human Services (Centrelink) Act 1997, delegate the power to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997).section 12 of the

The Secretary may authorise an officer to perform duties as an authorised review officer for the purposes of this Act.

Written authorisation

The Secretary’s authorisation must be in writing.

A decision of an officer under this Act must be in writing.

Entry in computer

A decision under this Act is taken to be in writing if it is entered into, or recorded with the use of, a computer.

If notice of a decision under a Part of this Act is:

Notice of a decision under this Act may be given to a person by properly addressing, prepaying and posting the notice as a letter.

When notice by post given

If a notice of a decision under this Act is given in accordance with subsection (3), notice of the decision is taken to have been given to the person at the time when the letter would be delivered in the ordinary course of the post unless the contrary is proved.

Effect of section

(5) This section only applies to notices of decisions and nothing in this section affects the operation of sections 28A and 29 of the Acts Interpretation Act 1901 in relation to other notices under this Act.

This Division extends to:

This Division other than section 348 binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

Operation of section 12ZU unaffected