Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 43A

Secretary's limited power to waive

  (1)   The Secretary may, on behalf of the Commonwealth, waive the Commonwealth's right to recover the whole or a part of a debt only in the circumstances described in section   43B, 43C, 43D, 43E or 43F.

When waiver takes effect

  (2)   A waiver takes effect:

  (a)   if a day is stated in the waiver as the day on which the waiver takes effect--on the day so stated (whether that day is before, on or after the day on which the decision to waive is made); or

  (b)   if a day is not so stated in the waiver--on the day on which the decision to waive is made.

Note:   If the Secretary waives the Commonwealth's right to recover all or part of a debt, the waiver is a permanent bar to recovery of that debt or that part of the debt--that debt or that part of the debt effectively ceases to exist.