Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 49

  (1)   A person must not contravene subsection   48(1).

Penalty:   Imprisonment for 12 months.

  (1A)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1A) (see subsection   13.3(3) of the Criminal Code ).

  (2)   Where a person is convicted of an offence against subsection   (1) of this section or an offence against section   135.2, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act, the court may, in addition to imposing a penalty, order the person to pay to the Commonwealth an amount equal to any amount paid under this Act, or a current special educational assistance scheme, as a result of the act, failure or omission in respect of which the person was convicted.

  (3)   For the purposes of subsection   (2), a certificate by the Secretary stating that a specified amount is the amount paid to a specified person under this Act, or a current special educational assistance scheme, as a result of a specified act, failure or omission is prima facie evidence of the matters stated in the certificate.

  (4)   A reference in this section to payment of an amount under this Act or to an amount paid under this Act includes a reference to payment of an amount or to an amount paid, as the case may be, under a financial supplement contract.