7ABSTUDY student start-up loan overpayments

7 ABSTUDY student start-up loan overpayments

Subject to subsections (2) and (3), subsection 38A(1) of the Student Assistance Act applies to a person if the person is not undertaking full-time study in respect of an approved scholarship course at the end of 35 days after the later of:

(a) the person’s qualification test day for a qualification period; and
(b) the person’s course start day in a qualification period.

(2) Subsection (1) does not apply if the person’s qualification test day is: (a) the day mentioned in paragraph 7C(2)(a) of the Student Assistance Act and the person completes the relevant approved scholarship course in the period of 35 days that starts after that qualification test day; or (b) the day mentioned in paragraph 7C(2)(b) of the Student Assistance Act. (3) Subsection 38A(1) of the Student Assistance Act applies to a person if: (a) the person’s qualification test day is the day mentioned in paragraph 7C(2)(a) of the Student Assistance Act; and (b) that qualification test day is less than 35 days before the person is expected to complete the relevant approved scholarship course; and (c) the person is not enrolled in the relevant approved scholarship course on the day that course ends. (4) In this section:

approved scholarship course has the same meaning as in subsection 3(1) of the Student Assistance Act.

qualification period has the same meaning as in subsection 3(1) of the Student Assistance Act.

qualification test day has the same meaning as in subsection 3(1) of the Student Assistance Act.

Schedule 1—Repeals

Student Start-up Loan Debts and ABSTUDY Student Start-up Loan Overpayments Determination 2016

1 The whole of the instrument

Repeal the instrument.