Student Assistance Act 1973
No. 155, 1973
Compilation No. 70
Compilation date: 1 July 2026
Includes amendments: Act No. 17, 2025
About this compilation
This compilation
This is a compilation of the Student Assistance Act 1973 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
5 Binding of the Crown
5A Extension of Act
5B Secretary to have general administration
5C Principles of administration
5D Minister may determine secondary and tertiary courses etc.
5E Application of the Criminal Code
Part 2—ABSTUDY student start‑up loans
Division 1—Introduction
6A Simplified outline of this Part
Division 2—Qualification for and amount of ABSTUDY student start‑up loan
7A Simplified outline of this Division
7B ABSTUDY Scheme
7C Qualification for ABSTUDY student start‑up loan
7D Circumstances in which person is not qualified for ABSTUDY student start‑up loan
7E Amount of ABSTUDY student start‑up loan
Division 3—Indebtedness: incurring ABSTUDY SSL debts
8A Simplified outline of this Division
8B ABSTUDY SSL debts
8BA Reduction in ABSTUDY SSL debts incurred between 1 January and 1 June 2025
8C ABSTUDY SSL debt discharged by death
8D Notice to Commissioner
Division 4—Indebtedness: working out accumulated ABSTUDY SSL debts
9A Simplified outline of this Division
9B Stage 1—working out a former accumulated ABSTUDY SSL debt
9C Stage 2—working out an accumulated ABSTUDY SSL debt
9CA Reduction in…
Overview
The Student Assistance Act 1973 (the Act) was introduced to provide certain benefits to students, including financial assistance for tertiary education, to help alleviate the financial burden on students and their families. The Act was enacted by the Australian Parliament and aims to support students in continuing their education by offering financial assistance, thereby promoting access to higher education and reducing financial barriers. The Act provides for the administration of benefits and loans to students, including the management of debts and repayments, and outlines the responsibilities of the Secretary and the Commissioner in this regard. It also details the circumstances under which students may qualify for and receive these benefits, the conditions for discharging indebtedness, and the penalties for non-compliance with the provisions of the Act. The Act has been subject to numerous amendments over the years to adapt to changing educational and economic environments, reflecting a commitment to supporting student welfare and educational attainment.
Scope and Application
The Student Assistance Act 1973 applies to students and financial corporations involved in the provision of student assistance benefits in Australia. The Act governs the administration and delivery of financial assistance to students through programs like ABSTUDY and the Student Financial Supplement Scheme. It outlines eligibility criteria, qualification processes, and the terms under which students may be required to repay their loans or supplements. The Act also addresses the recovery of debts and overpayments, and specifies the administrative and legal framework for these processes. It extends to the Commonwealth, Norfolk Island, the Territory of Christmas Island, and the Territory of Cocos (Keeling) Islands. The Act is administered by the Secretary of the Department of Human Services, subject to directions from the relevant Minister. Subordinate instruments may further define specific aspects of the Act, such as determining secondary and tertiary courses, setting thresholds for student assistance, and prescribing details of the financial supplement contracts.
Key Provisions
- The Student Assistance Act 1973 (the "Act") provides benefits and loans to eligible students. The key provisions of the Act relate to the ABSTUDY student start-up loans and the financial supplement for tertiary students. Section 7C of the Act outlines the requirements for a person to qualify for an ABSTUDY student start-up loan, which include being a full-time student receiving Living Allowance under the ABSTUDY Scheme and meeting certain income and enrolment conditions. Section 8B states that a person incurs an ABSTUDY SSL debt when they are paid an ABSTUDY student start-up loan, unless the loan is to be recovered under another provision of the Act. Section 10F requires the person to repay the ABSTUDY SSL debt once their income exceeds the minimum repayment threshold.
- The Act imposes several obligations on the parties it governs. Section 11A allows the Secretary and the Commissioner to share information for tax administration purposes. Section 48 requires students who receive benefits under the Act to notify the Secretary of certain events. Section 12D requires eligible students to apply for a financial supplement contract with a participating financial corporation. Section 12K requires the participating corporation to enter into a contract with the eligible student, if the student applies.
- The Act also sets out offences and penalties for breaches. Section 49 makes it an offence for a person to contravene certain provisions of the Act, with a maximum penalty of imprisonment for 12 months and/or a fine of 100 penalty units. Section 39AA makes it an offence to fail to repay a student assistance overpayment, with a maximum penalty of imprisonment for 2 years and/or a fine of 200 penalty units. Section 39 makes debts arising under the Act recoverable by the Commonwealth. Failure to repay such debts can result in the Secretary taking action to recover the debt, including issuing a notice under section 40 and charging interest under section 41. The Act also allows the Secretary to write off debts in certain circumstances under section 43.
- Area of Law
- Social Security Law
- Education Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Debt Recovery
- Penalties & Sanctions
- Financial Administration
- Taxation Law
- Reporting & Disclosure Obligations
