Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:11_135
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 11 cl 135
Character Range: 389020–390751

135  Transitional provisions—obligations to waive the right to recover amounts
(1) In this item:
applied provisions means the provisions applied by subsection 43(2) of the SA Act as in force before the commencement day.
recoverable amount means an amount of any of the following kinds:
 (a) a special educational assistance scheme overpayment;
 (b) a student assistance overpayment;
 (c) an amount payable to the Commonwealth in relation to an amount of a kind referred to in paragraph (a) or (b) (including an amount payable under section 40 or subsection 42(10) of the SA Act).
Secretary means:
 (a) the Secretary to the Department of Employment, Education, Training and Youth Affairs; or
 (b) the Secretary to the Department of Social Security.
(2) If a Secretary was, immediately before the commencement day, obliged to waive the right to recover a recoverable amount under the applied provisions, then, on and after the commencement day, the Secretary to the Department of Employment, Education, Training and Youth Affairs is taken to be obliged to waive that right as if:
 (a) in the case of an obligation under subsection 290B(1) of the applied provisions, the obligation were an obligation under subsection 43E(1) of the SA Act; and
 (b) in the case of an obligation under subsection 290B(2) of the applied provisions, the obligation were an obligation under subsection 43E(2) of the SA Act; and
 (c) in the case of an obligation under paragraph 290B(3)(b) of the applied provisions, the obligation were an obligation under paragraph 43E(3)(b) of the SA Act; and
 (d) in the case of an obligation under subsection 290B(4) of the applied provisions, the obligation were an obligation under subsection 43E(4) of the SA Act.