Chapter 2
-
Grants for higher education assistance etc
History
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part
2-4
of the
Higher Education Support Act 2003
in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2
-
Grants for higher education assistance
PART 2-2
-
COMMONWEALTH
GRANT SCHEME
Division 36
-
What are the conditions of receiving a grant?
Subdivision 36-B
-
Conditions relating to Commonwealth supported students
SECTION 36-24BB
Providers to repay amounts
-
provider completes request for assistance
36-24BB(1)
This section applies to a person if the person
'
s *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study under section
97-45
.
Note:
The person
'
s HECS-HELP debt relating to the unit is taken to be remitted if the person
'
s HELP balance is re-credited in relation to the unit under section
97-45
: see section
137-5
.
36-24BB(2)
The higher education provider must:
(a)
pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person
'
s *student contribution amount for the unit; and
(b)
pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section
96-1
.
History
S 36-24BB(2) amended by No 64 of 2022, s 3 and Sch 4 item 2, by substituting
"
section 96-1
"
for
"
section 96-1, 96-2 or 96-3
"
in para (b), applicable in relation to an up-front payment made in relation to a unit of study that has a census date on or after 1 January 2023.
S 36-24BB(2) amended by No 64 of 2022, s 3 and Sch 1 item 18, by substituting para (b), effective 30 November 2022. Para (b) formerly read:
(b)
pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.
36-24BB(3)
Subsection
(2)
does not apply to the provider if:
(a)
the person enrolled in the unit as a *replacement unit; or
(b)
it is determined that section
36-24A
applies to the person in relation to the unit.
36-24BB(4)
The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph
(3)(a)
applies:
(a)
the amount (if any) that is to be paid to the person; and
(b)
the amount (if any) that is to be paid to the Commonwealth; and
(c)
the person (if any) who is to pay the amounts.
History
S 36-24BB inserted by No 55 of 2021, s 3 and Sch 1 item 7, effective 25 June 2021. No 55 of 2021, s 3 and Sch 1 item 12 contain the following application provisions:
12 Application provisions
(1)
Subject to this item, the amendments of the
Higher Education Support Act 2003
made by this Part apply in relation to units of study with a census date on or after 1 January 2021.
(2)
Subitem (3) applies if, before the commencement of this item:
(a)
a person
'
s HELP balance was re-credited with an amount relating to HECS-HELP assistance for a unit of study under section
97-45
or
97-50
of the
Higher Education Support Act 2003
; and
(b)
the higher education provider paid to the Commonwealth an amount equal to any HECS-HELP assistance to which the person was entitled for the unit, in accordance with section
96-5
of that Act.
(3)
Paragraphs
36-24BB(2)(b)
and
36-24BC(2)(b)
of the
Higher Education Support Act 2003
, as inserted by this Part, do not apply to the provider in relation to the person and the unit.