PART 6
-
RE-CREDITING HELP BALANCES
History
Pt 6 heading substituted by No 76 of 2018, s 3 and Sch 3 item 131, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 145 and 146 contains the following transitional provisions:
…
145 Transitional
-
re-credited amounts
145
If, before 1 January 2020, an amount was re-credited to a person
'
s FEE-HELP balance under:
(a)
Subdivision
104-B
of the
Higher Education Support Act 2003
; or
(b)
Subdivision
7-B
of Schedule
1A
to that Act; or
(c)
Part
6
of the
VET Student Loans Act 2016
;
section
128-15
of the
Higher Education Support Act 2003
(as amended by this Schedule) has effect as if the amount had been re-credited to the person
'
s HELP balance immediately after the start of 1 January 2020.
146 Transitional
-
pending decisions about re-credited amounts
146
If:
(a)
an application for the re-crediting of an amount to a person
'
s FEE-HELP balance was made before 1 January 2020; and
(b)
the application was made under:
(i)
section
104-25
of the
Higher Education Support Act 2003
; or
(ii)
clause
46
of Schedule
1A
to that Act; or
(iii)
section
72
of the
VET Student Loans Act 2016
; and
(c)
no decision was made on the application before the commencement of this item;
the application has effect, after the start of 1 January 2020, as if it were an application for the re-crediting of the amount to the person
'
s HELP balance.
…
Pt 6 heading formerly read:
PART 6
-
RE-CREDITING FEE HELP BALANCES
Division 3
-
Re-crediting by Secretary other than on discharge of debt
History
Div 3 heading amended by No 116 of 2018, s 3 and Sch 1 item 75, by inserting
"
other than on discharge of debt
"
, effective 1 January 2020.
SECTION 73
SECRETARY MUST INVITE SUBMISSIONS BEFORE RE-CREDITING
73(1)
Before re-crediting a student
'
s HELP balance under this Division (other than section
72A
), the Secretary must give the course provider concerned notice in writing:
(a)
stating that the Secretary is considering the re-credit; and
(b)
stating the reasons why the Secretary is considering the re-credit; and
(c)
inviting the provider to make written submissions to the Secretary about the re-credit within 28 days.
History
S 73(1) amended by No 111 of 2019, s 3 and Sch 1 item 23, by inserting
"
(other than section 72A)
"
, effective 1 January 2020. For application and transitional provisions, see note under Part
5A
heading.
S 73(1) amended by No 76 of 2018, s 3 and Sch 3 item 140, by substituting
"
HELP balance
"
for
"
FEE-HELP balance
"
, effective 1 January 2020. For transitional provisions, see note under Part
6
heading.
73(2)
In deciding whether to re-credit the HELP balance, the Secretary must take into account any submissions received within the 28 day period.
History
S 73(2) amended by No 76 of 2018, s 3 and Sch 3 item 140, by substituting
"
HELP balance
"
for
"
FEE-HELP balance
"
, effective 1 January 2020. For transitional provisions, see note under Part
6
heading.
73(3)
The Secretary must give the student and the provider written notice of the Secretary
'
s decision and the reasons for the decision. The notice must be given as soon as practicable after the decision is made.