Higher Education Support Act 2003

Subdiv 104-B heading substituted by No 76 of 2018, s 3 and Sch 3 item 8, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 104-42(1) amended by No 101 of 2020, s 3 and Sch 2 item 84, by substituting para (d), applicable in relation to provider defaults that occur on or after 1 January 2021. Para (d) formerly read:

(d) either of the following apply:

(i) the *HELP Tuition Protection Director decides, under paragraph 166-25(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(3)(a)(iii), to have an amount equal to the amounts of *FEE-HELP assistance that the person received for the unit *re-credited to the person ' s HELP balance.

S 104-42(1) amended by No 111 of 2019, s 3 and Sch 2 item 11, by substituting para (c) to (d), effective 1 January 2020. For application and transitional provisions, see note under s 16-25 . Para (c) to (d) formerly read:

(b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and

(c) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and

(d) the person chose the option designated under the tuition assurance requirements as student contribution/tuition fee repayment in relation to the unit.

S 104-42(1) amended by No 76 of 2018, s 3 and Sch 3 items 24 and 25, by substituting " *HELP balance " for " *FEE-HELP balance " and " HELP balance " for " FEE-HELP balance " in the note, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.

S 104-42(2) substituted by No 111 of 2019, s 3 and Sch 2 item 12, effective 1 January 2020. For application and transitional provisions, see note under s 16-25 . S 104-42(2) formerly read:

104-42(2)
The *Secretary may re-credit the person ' s *FEE-HELP balance under subsection (1) if the provider is unable to do so.

S 104-42(2) amended by No 76 of 2018, s 3 and Sch 3 item 26, by substituting " *HELP balance " for " *FEE-HELP balance " , effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.