Higher Education Support Amendment (2022 Measures No. 1) Act 2023 (3 of 2023)

Schedule 1   Grandfathered students

Part 2   Application and transitional provisions

7   Full up-front payment made during transition period

(1) This item applies if:

(a) during the transition period, an affected student made one or more up-front payments to a higher education provider in relation to a unit of study; and

(b) the amount of that payment, or the sum of those payments, is equal to 90% of the affected student's old student contribution amount for the unit; and

(c) under section 96-3 of the Higher Education Support Act 2003, the Commonwealth paid an amount to the higher education provider for the unit in discharge of the affected student's liability to pay their old student contribution amount for the unit.

(2) If the amount paid by the Commonwealth is more than the amount that would have been paid to the higher education provider had the relevant amendment been in force during the transition period, the difference between the 2 amounts may be:

(a) deducted from any amount that is payable, or to be paid, to the higher education provider under the Higher Education Support Act 2003; or

(b) recovered by the Commonwealth from the higher education provider as a debt due to the Commonwealth.

(3) If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.