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Student and Youth Assistance Act 1973
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Department of Social Services
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C2004C07131
30 March 1998
-
03 June 1998
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
5 Binding of the Crown
5A Extension of Act
5B Secretary to have general administration
5C Principles of administration
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Part 2—AUSTUDY Scheme
6 AUSTUDY scheme
6A Definitions
6B Deciding whether a person resides in Australia
6C Refugees
6D Dependent child
6E Member of a couple
6F Meaning of change of circumstances resident
6G Meaning of post-1996 Australian resident
6H Meaning of pre-1997 Australian resident
6J Certain determinations disallowable instruments
7 Benefits under the AUSTUDY scheme
8 Waiting period
9 Duration of waiting period
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Part 4—Advance, Suspension and Termination of Benefits
11 Advances on account of benefit
12 Suspension and termination of benefits
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Part 4A—Financial Supplement for Tertiary Students
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Division 1—Preliminary
12A Object and explanation of this Part
12B Interpretation
12C Which students are eligible for financial supplement
12D Agreements between Commonwealth and financial corporations
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Division 2—Applications for financial supplement
12E Explanation of Division
12F Secretary to give student notice of entitlement
12G Application for financial supplement
12H Effect of financial supplement on certain other benefits
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Division 3—Payment of financial supplement
12J Explanation of Division
12K Contract between applicant for financial supplement and participating corporation
12L Financial supplement contract exempt from certain laws and taxes
12M Students (Financial Supplement) Reserve
12N How payments of financial supplement are to be made
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Division 4—Payments under financial supplement contract to stop in certain circumstances
12P Explanation of Division
12Q Payments to stop at request of student
12R Payments to stop if student ceases to be eligible for financial supplement
12S What happens if student fails to notify change in circumstances
12T Payments to stop if student is found never to have been eligible for financial supplement
12U What happens if financial supplement was paid because of provision of false or misleading information
12V Death of student
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Division 5—Repayments of financial supplement during contract period
12W Explanation of Division
12X Calculation of amount outstanding under financial supplement contract
12Y Indexation amount
12Z Notice to student of amount outstanding in respect of financial supplement
12ZA Rights of student during contract period to make repayments in respect of financial supplement
12ZB What happens at end of contract period
12ZC Notice to student
12ZD Requests for correction of notices
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Division 6—Indebtedness existing after termination date
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Subdivision A—Introductory
12ZE Explanation of Division
12ZF FS debt and accumulated FS debt
12ZG Accumulated FS debt discharges earlier debts
12ZH Notice and a certificate to Commissioner
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Subdivision B—Voluntary discharge of indebtedness
12ZJ Voluntary payments in respect of FS debts
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Subdivision C—Requirement to discharge indebtedness
12ZK Compulsory payments in respect of accumulated FS debt
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Subdivision D—Returns and assessments
12ZL Annual returns
12ZM Assessment
12ZN Application of the Income Tax Assessment Act
12ZO How notices of assessment may be served
12ZP Power of Commissioner to defer assessment or reduce assessment to nil
12ZQ Review of decision of Commissioner
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Subdivision E—Miscellaneous
12ZR Benefits to students under student financial supplement scheme not subject to taxation
12ZS Application of payments
12ZT Indebtedness discharged by death
12ZU Secrecy
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Division 7—General
12ZV Explanation of Division
12ZW Application of the Bankruptcy Act
12ZX What happens if a decision of Secretary is set aside or varied
12ZY Notices of assignment
12ZZ Assignments etc. not subject to State or Territory taxes
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Part 4B—Other Indexation Provisions
12ZZA Maximum living allowances under AUSTUDY Regulations to be indexed by reference to Consumer Price Index
12ZZB Other provisions relating to indexation
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Part 6—Overpayments under this Act and under certain other Acts and Administrative Schemes
38 Recovery of certain overpayments by offsetting
40 Late payment charge and interest in relation to overpayment of a benefit
41 Determination that late payment interest not to be payable in relation to certain periods
42 Recovery of certain overpayments from third parties
43 Write off and waiver of certain overpayments etc.
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Part 7—Miscellaneous
44A Provision of tax file numbers
48 Obligation to notify happening of certain events
49 Offences
50 Proceedings against corporations
51 Evidentiary certificates
55 Time for instituting criminal proceedings
55A Appropriation
56 Regulations
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Part 8—Youth Training Allowance
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Division 1—Interpretation
57 Application of Part 1.2 of the Social Security Act
58 Interpretation [see Note 2]
60 Calculation of amount of pharmaceutical allowance paid
61 Transferee to youth training allowance
62 Tables, notes etc. form part of section
63 Payments are period-based
64 Qualification for, or payability of, youth training allowance
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Division 2—Qualification for, and payability of, youth training allowance
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Subdivision A—Basic qualifications
65 Qualification for youth training allowance [see Note 3]
67 Youth training allowance may continue to end of payment period
68 People may be treated as unemployed
69 Unemployment due to industrial action
70 Assurance of support
71 Move to area of lower employment prospects
72 Liquid assets test waiting period [see Note 8]
73 Registration by Commonwealth Employment Service
74 Prospective determinations for some claimants
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Subdivision B—Activity test
75 Activity test
75A Certain actions deemed to be failure to satisfy activity test
76 Relief from activity test—general
77 Relief from activity test—people engaged in voluntary work
78 Relief from activity test—special circumstances
78AA Pre-natal and post-natal relief from activity test
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Subdivision BAA—Exemption from activity test–people temporarily incapacitated for work
78AAA Subdivision not to apply to person with a pending claim for disability support pension
78A Interpretation
78B Incapacitated person not required to satisfy activity test
78D Refusal to attend interview etc. may result in person being required to satisfy activity test
78E Time limit for exemption from requirement to satisfy activity test
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Subdivision C—Youth Training Activity Agreements
79 Youth Training Activity Agreements—requirement
80 Youth Training Activity Agreements—terms
81 Youth Training Activity Agreements—failure to negotiate
82 Youth Training Activity Agreements—self-employment
83 Youth Training Activity Agreements—group enterprises and co-operative enterprises
84 Agreements entered into before 20 March 1995
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Subdivision D—Situations in which allowance not payable (general)
85 Youth training allowance not payable in certain circumstances
86 Provision of tax file number
87 Provision of partner’s tax file number
88 Full-time students
89 Multiple entitlement exclusion
90 Commonwealth funded employment program exclusion
90A Provisional commencement day: claimant for disability support pension
91 Provisional commencement day: general
91A Claims by telephone, facsimile or computer [see Note 9]
92 Start of youth training allowance—person subject to activity test
92A Start of youth training allowance—person not subject to activity test
92B Refusal to attend interview etc.
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Subdivision E—Situations in which allowance not payable (waiting periods)
96 Ordinary waiting period
97 Duration of ordinary waiting period
98 Education leavers waiting period
99 Duration of education leavers waiting period—non-secondary school leavers
100 Duration of education leavers waiting period—secondary school leavers
101 Newly arrived residents waiting period
102 Duration of newly arrived residents waiting period
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Subdivision F—Activity test breaches
103 Activity test penalties for failure to satisfy activity test
104 Activity test penalties for failure to enter Youth Training Activity Agreement
105 Activity test penalties for failure to comply with Youth Training Activity Agreement
106 Unemployment due to voluntary act
107 Unemployment due to misconduct
108 Refusal of job offer
108A Failure to provide information etc.
109 Activity test non-payment periods
110 Start of activity test non-payment periods [see Note 2]
111 Application of activity test non-payment periods before claims for youth training allowance
111A Activity test non-payment periods—interaction with activity test breach rate reduction periods
112 Activity test non-payment periods—interaction with waiting periods
113 Effect of sections 110, 111 and 112
113A Where one event may give rise to both an activity test penalty and an administrative breach rate reduction period
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Subdivision G—Situations in which allowance not payable (administrative breaches)
114 Secretary may require a person to attend the Department of Social Security or the Commonwealth Employment Service etc.
115 Administrative breach rate reduction period to apply to persons who fail to comply with notification requirements
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Subdivision H—Other situations in which allowance not payable
120 Removal from allowance for failure to continue Commonwealth Employment Service registration
121 Seasonal workers
122 Move to area of lower employment prospects
123 Youth training allowance not payable while person in gaol or in psychiatric confinement following criminal charge
124 Double benefit payment on release from gaol or from psychiatric confinement following criminal charge
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Division 3—Claim for youth training allowance
125 Need for a claim
126 Form of claim
127 Lodgment of claim
128 Claimant must be Australian resident and in Australia
129 Claim may be withdrawn
130 Secretary may request claimant to give statement of claimant’s tax file number
131 Secretary may request claimant to give statement of partner’s tax file number
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Division 4—Determination of claim
132 Secretary to determine claim [see Note 4]
133 Grant of claim
134 Date of effect of determination
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Division 5—Rate of youth training allowance
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Subdivision A—Rate of youth training allowance
135 How to work out a person’s youth training allowance rate
136 Youth training supplement
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Subdivision AA—Activity test breach rate reductions
136AA Activity test breach rate reduction periods
136AB Commencement of activity test breach rate reduction periods
136AC Application of activity test breach rate reduction periods before claims for youth training
136AD Activity test breach rate reduction periods—interaction with waiting periods
136AE Rate of youth training allowance where activity test breach rate reduction period applies
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Subdivision B—Administrative breach reductions in the rate of youth training allowance
136A Administrative breach rate reduction periods
136B Commencement of administrative breach rate reduction periods
136C Administrative breach rate reduction periods—interaction with activity test non-payment periods
136D Administrative breach rate reduction periods—interaction with activity test breach rate reduction periods
136DA Administrative breach rate reduction periods—interaction with waiting periods
136E Effect of sections 136C and 136D
136F Administrative breach rate reduction period not to apply in certain circumstances
136G Rate of youth training allowance where administrative breach rate reduction applies
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Division 6—Payment of youth training allowance
137 Start of youth training allowance
138 Instalments
139 Instalments for period less than a fortnight
140 Rounding off instalment
141 Instalments to be paid to person or nominee
142 Payment into bank account etc.
143 If allowance payday would fall on public holiday etc.
144 Payment of allowance after death
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Division 7—Protection of youth training allowance
145 Youth training allowance to be absolutely inalienable
146 Effect of garnishee or attachment order
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Division 8—Recipient obligations
147 Secretary may request recipient to give statement of recipient’s tax file number
148 Secretary may request recipient to give statement of partner’s tax file number
149 Secretary may require notice of the happening of an event or a change in circumstances
150 Secretary may require recipient to give particular information relevant to payment of youth training allowance
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Division 9—Continuation, variation and termination
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Subdivision A—General
151 Continuing effect of determination [see Note 2]
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Subdivision B—Automatic termination
151A Automatic termination: change of basis of qualification
152 Automatic termination—transfer to social security pension or benefit
153 Automatic termination—recipient complying with section 149 notification obligations
154 Automatic termination—recipient not complying with section 149 notification obligations
155 Automatic termination—failure to provide section 150 statement
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Subdivision C—Automatic rate reduction
156 Automatic rate reduction—partner starting to receive allowance, pension or benefit
156A Automatic rate reduction—recipient complying with section 149 notification obligations
157 Automatic rate reduction—recipient not complying with section 149 notification obligations
159 Changes to payments by computer following automatic termination or reduction
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Subdivision D—Determinations
160 Rate increase determination
161 Rate reduction determination
162 Cancellation or suspension determination
163 Cancellation or suspension for failure to comply with section 150, 343 or 344 notice
164 Changes to payments by computer
165 Resumption of payment after cancellation or suspension
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Subdivision E—Date of effect of determination
166 Date of effect of favourable determination
167 Date of effect of adverse determination
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Division 10—Bereavement payments on death of partner
168 Qualification for payments under this Division
169 Continued payment of partner’s pension or benefit
170 Lump sum payable in some circumstances
171 Adjustment of person’s youth training allowance rate
172 Effect of death of person entitled to payments under this Division
173 Matters affecting payments under this Division
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Division 11—General provisions relating to the ordinary income test
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Subdivision A—Ordinary income concept
174 General meaning of ordinary income
175 Certain amounts taken to be received over 12 months
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Subdivision B—Business income
176 Ordinary income from a business—treatment of trading stock [see Note 5]
177 Permissible reductions of business income [see Note 6]
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Subdivision C—Deemed income from financial assets
178 Deemed income from financial assets—people other than members of couples
179 Deemed income from financial assets—members of couples
182 Deeming threshold
183 Below threshold rate, above threshold rate
184 Actual return on financial assets not treated as ordinary income
185 Certain money and financial investments not taken into account
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Subdivision D—Investments taken into account on realisation
186 Treatment of superannuation fund investments
187 Early withdrawal from superannuation fund
188 Adjustment of ordinary income for investment losses
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Subdivision F—Immediate annuities and superannuation pensions
195 Immediate annuities
196 Superannuation pensions
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Subdivision J—Disposal of ordinary income
215 Disposal of ordinary income
216 Amount of disposition
217 Disposal of ordinary income—individuals
218 Disposal of ordinary income—members of couples
219 Treatment of transactions that constitute both a disposal of ordinary income and a disposal of assets
220 Dispositions more than 5 years old to be disregarded
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Division 12—Compensation recovery
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Subdivision A—General
224 General effect of Division
225 Certain lump sums to be treated as though they were received as periodic payments
226 Effect of certain State and Territory laws
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Subdivision B—Enforcement of compensation rights
227 Secretary may require person to take action to obtain compensation
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Subdivision C—Receipt of compensation
228 Youth training allowance not payable during lump sum preclusion period
229 Person may have to repay amount if both lump sum and youth training allowance payments have been received [see Note 2]
230 Lump sum compensation not counted as ordinary income
231 Rate reduction if periodic compensation payments received [see Note 2]
232 Rate reduction under income test and this Division
233 Person may have to repay amount if both periodic compensation payments and allowance payments have been received [see Note 2]
234 Periodic compensation payments not counted as ordinary income
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Subdivision D—Compensation payers
235 Secretary may send preliminary notice to potential compensation payer
236 Potential compensation payer must tell Department of liability
237 Secretary may send recovery notice to compensation payer
238 Preliminary notice or recovery notice suspends liability to pay compensation
239 Compensation payer’s payment to Commonwealth discharges liability to compensation recipient
240 Offence to make compensation payment after receiving preliminary notice or recovery payment
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Subdivision E—Insurers
241 Secretary may send preliminary notice to insurer
242 Insurer must tell Department of liability
243 Secretary may send recovery notice to insurer
244 Preliminary notice or recovery notice to insurer suspends both insurer’s and compensation payer’s liability
245 Insurer’s payment to Commonwealth discharges liability
246 Offence to make compensation payment after receiving preliminary notice or recovery notice
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Subdivision F—Miscellaneous
247 Secretary may give recovery notice either to compensation payer or to insurer but not to both
248 Secretary may disregard some payments
249 Division to bind Crown
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Division 13—Indexation and adjustment of amounts
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Subdivision A—Preliminary
250 Analysis of Division
251 Indexed amounts
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Subdivision B—Indexation
252 CPI Indexation Table
253 Indexation of amounts
254 Indexation factor
255 Rounding off indexed amounts
256 Adjustment of certain pharmaceutical rates
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Subdivision C—One-off adjustments of rent assistance thresholds
256A Rent assistance threshold increased on 20 March 1996
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Division 14—Miscellaneous
257 Application of asset and income test reductions and compensation reductions for income tax purposes
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Division 15—Overpayments and debt recovery
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Subdivision A—Effect of Division
258 General effect of Division
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Subdivision B—Amounts recoverable under this Part
259 Application overseas
260 Debts due to the Commonwealth
261 Debts arising under this Part
262 Debts arising from prepayments and certain other payments
263 Debt arising from AAT stay orders
266 Debts arising from recipient’s contravention of Part
267 Person other than payee obtaining payment of a cheque
268 Debts arising from conviction of person for involvement in contravention of Part by debtor
270 Compensation debts
271 Compensation payer and insurer debts
272 Compensation arrears debts
273 Assurance of support debt
274 Overpayments and debts arising under other Acts and schemes
275 Interest payable on debt for failure to enter agreement to pay debt
276 Interest payable on debt for breach of agreement to pay debt
277 Penalty interest rate
278 Guidelines on the penalty interest charge scheme
279 Debt from failure to comply with garnishee notice
279A Recoverable debts
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Subdivision C—Methods of recovery
280 Application of sections dealing with deductions
281 Deductions from debtor’s allowance
282 Legal proceedings
283 Garnishee notice
284 Secretary may allow payment of debt by instalments
285 Deductions by consent from allowance of person who is not the debtor
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Subdivision D—Non-recovery of debts
286 Meaning of debt
287 Secretary may write off debt
289 Waiver of debt arising from error
290 Waiver of debt relating to an offence
290A Waiver of small debt
290B Waiver in relation to settlements
290C Waiver in special circumstances
291 Determination that penalty interest not payable in relation to particular periods
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Division 16—Miscellaneous
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Subdivision A—Offences
292 Operation of Subdivision
293 False statement in connection with claims
294 False statement—to deceive or to affect rates
295 False statement or document
296 Payment knowingly obtained if not payable
297 Payment knowingly obtained through fraud etc.
298 Conduct by directors, servants or agents
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Subdivision B—Collection of tax
299 Payment to Commissioner of Taxation—section 218 of Income Tax Assessment Act
300 Judicial notice to be taken of certain matters
301 Evidence
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Part 9—Review of Decisions
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Division 1—Internal review
302 Application of Division
303 Secretary may review decisions
304 Application for review
305 Secretary may continue payment pending outcome of application for review
306 Powers of Secretary or authorised review officer if application for review
307 Certain determinations not to be revived
308 Notification of further rights of review
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Division 2—Review by Social Security Appeals Tribunal
309 Application of Division
310 SSAT objectives
311 Application for review by SSAT
312 Application requirement for certain decisions
313 Non-reviewable decisions
314 Secretary may continue payment pending outcome of application for review
315 Automatic payment if review sought of decision concerning terms of agreement
316 SSAT review powers
317 SSAT review powers (Youth Training Activity Agreement decision)
318 Date of effect of SSAT decisions
319 Date of effect of SSAT decision (Youth Training Activity Agreement decision)
320 Application requirements
321 Variation of decision before review completed
322 Parties to SSAT review
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Division 3—Right to review by Administrative Appeals Tribunal
323 Application of Division
324 Review of SSAT decision by AAT
325 Variation of decision before AAT review completed
326 Review of SSAT decision on application by the Secretary
326A Secretary may settle proceedings before the Administrative Appeals Tribunal
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Division 4—Modification of the Administrative Appeals Tribunal Act 1975
327 Modification of the Administrative Appeals Tribunal Act
328 Statement of reasons for decision
329 Notice of application for review
330 Parties to review by the AAT
331 Lodging documents with the AAT
332 Power of the AAT to obtain additional statements
333 Operation and implementation of the decision under review
334 Power of the AAT if party fails to appear
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Part 10—Administration
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Division 1—General administration
335 Government policy statements
336 The Secretary and National Convener may agree on administrative arrangements
337 The Secretary and the Secretary to the Department of Social Security may agree on administrative arrangements for Parts 8, 9 and 10
338 Delegation
338A Delegations by Secretary: references to the Secretary, the Department etc.
339 Authorised review officers
340 Decisions to be in writing
341 Notice of decisions
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Division 2—Information gathering
342 Application
343 General power to obtain information
344 Power to obtain information from a person who owes a debt to the Commonwealth
345 Power to obtain information about a person who owes a debt to the Commonwealth
346 Power to obtain information to verify claims etc.
347 Provisions relating to requirements
348 State/Territory law does not affect obligations to provide information
349 End-of-employment statement by employer
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Division 3—Confidentiality
350 Operation of section 12ZU unaffected
351 Protection of personal information
352 Offence—unauthorised access to protected information [see Note 7]
353 Offence—unauthorised use of protected information
354 Protection extends to court, tribunal etc. proceedings
355 Secretary’s certificate
356 Guidelines for exercise of Secretary’s certificate power
357 Offence—soliciting disclosure of protected information
358 Making untrue representations for purpose of soliciting disclosure of protected information
359 Offences—offering to supply protected information
360 Officer’s oath or declaration
361 Freedom of Information Act not affected
Schedule 1–Calculation of Rate of Youth Training Allowance
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Part 1—Interpretation
1 Interpretation
2 When a person is regarded as independent
3 Person required to live away from home
4 Person living at home
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Part 2—Modules
Module A—Overall Rate Calculation Process
Module B—Maximum Basic Rate
Module C—Pharmaceutical Allowance
Module D—Rent Assistance
Module E—Assets Test
Module F—Parental Income Test
Module G—Income Test [see Notes 2 and 8]
Module H—Remote Area Allowance
Schedule 2—Pensions, Benefits and Allowances
Schedule 3—Fringe Benefits
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Part 1—Preliminary
1 Definitions
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Part 2—Car Benefits
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Division 1—What is a car benefit?
3 Definitions
4 Car benefits
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Division 2—Exempt car benefits
5 Exempt car benefits
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Division 3—Value of a car benefit
6 Method of valuing car benefits
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Part 3—Health Insurance Benefits
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Division 1—What is a health insurance benefit?
7 Health insurance benefits
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Division 2—Value of a health insurance benefit
8 Value of health insurance benefits
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Part 4—Housing Benefits
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Division 1—What is a housing benefit?
9 Definitions
10 Housing benefits
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Division 2—Exempt housing benefits
11 Exempt housing benefits
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Division 3—Value of a housing benefit
12 Method of valuing housing benefits
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Part 5—Loan Benefits
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Division 1—What is a loan benefit?
13 Definitions
14 Loan benefits
Division 2—Exempt loan benefits
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Division 3—Value of a loan benefit
16 Method of valuing loan benefits
17 What is a housing loan?
18 What is a relevant interest?
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Part 6—School Fees Benefits
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Division 1—What is a school fees benefit?
19 Definition
20 School fees benefits
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Division 2—Value of a school fees benefit
21 Value of school fees benefits
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Schedule 5—Application, Saving and Transitional Provisions
1 Definitions
2 Application and transitional provisions: amendments relating to tightening the activity test administration and simplifying the penalty periods that apply to youth training allowance
3 Application provision: amendments relating to unemployment due to industrial action
4 Application provision: amendments relating to the abolition of the minimum rate of payment to under 18 year old youth training allowance recipients
5 Application provision: abolition of the earnings credit scheme
6 Application provision: amendments relating to the application of the below threshold deeming rate
6A Application and transitional provisions: amendments relating to simplifying the penalty periods that apply to youth training allowance
7 Application provision: income maintenance periods
8 Application provision: amendments relating to the liquid assets test waiting period
9 Application and saving provisions: debts due to the Commonwealth and their recovery
