Document ID: chunk:federal_register_of_legislation:C2025C00163:section:38a
Version: federal_register_of_legislation:C2025C00163
Segment Type: section
Provision Reference: s 38A
Character Range: 137962–138700

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.