Student Assistance Act 1973
38AABSTUDY student start‑up loan overpayments
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38A ABSTUDY student start‑up loan overpayments
(1) If: (a) a person is paid an ABSTUDY student start‑up loan for a qualification period; and (b) the circumstances determined under subsection (2) apply to the person; then the amount of the loan is an ABSTUDY student start‑up loan overpayment. (2) 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). (3) 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.