Education Amendment Act 2010

65 New section 307AAA inserted

The following section is inserted after section 307:

307AAA Suspension or refusal for not providing information

(1)

The Secretary may do whichever of the following the case requires, if he or she is satisfied that a recipient or non-recipient has, without reasonable cause, failed or refused to comply with a requirement under section 307(3) or to comply with section 307(5) and, in the case of a recipient, that the recipient has been warned of the consequence of the failure or refusal and given the opportunity to show reasonable cause or answer the question:

(a)

suspend any statutory allowance held by the recipient, whether granted before or after the failure or refusal:

(b)

refuse to grant any statutory allowance, or refuse to advance any student loan, to the recipient, whether or not the recipient may appear to be entitled to be granted the allowance or advanced the loan.

(2)

Despite subsection (1), the recipient must be given an opportunity to provide the information sought before any action is taken in respect of him or her under subsection (1), if the failure or refusal to comply is by a non-recipient.

(3)

Payments must not be made under a statutory allowance while it is suspended under subsection (1).