(a) a person is paid a student start-up loan for a qualification period; and
(b) the circumstances determined under subsection (2) apply to the person;
(c) the amount of the loan is a debt due to the Commonwealth; and
(d) the debt is taken to have arisen when the person was paid the loan.
(2) The Minister may, by legislative instrument, determine circumstances in which subsection (1) applies to a person who has not met, or who has ceased to meet, the condition in subparagraph 1061ZVBB(1)(a)(iii) or (2)(a)(iii).
(3) Subsection (1) does not apply to a person if, in the Secretary's opinion, the person did not meet, or ceased to meet, the condition in subparagraph 1061ZVBB(1)(a)(iii) or (2)(a)(iii) because of exceptional circumstances beyond the person's control.