Higher Education Support Act 2003

Div 97 inserted by No 76 of 2018, s 3 and Sch 3 item 6, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 144 - 147 contains the following application and transitional provisions:

Part 2 - Application and transitional provisions

144 Application - HELP balance provisions  
(1)
For the purposes of this item, HELP balance provisions means the following provisions of the Higher Education Support Act 2003 (as amended by this Schedule):

(a) paragraph 90-1(ba) ;

(b) section 93-20 so far as that section relates to an amount of HECS-HELP assistance to which a student is or would be entitled for a unit of study;

(c) subparagraph 128-15(1)(a)(i) ;

(d) Division 97 ;

(e) subparagraph 107-10(1)(a)(ia) ;

(f) subparagraph 107-10(2)(b)(ia) ;

(g) subparagraph 54(1)(a)(ia) of Schedule 1A ;

(h) subparagraph 54(2)(b)(ia) of Schedule 1A .

(2)
The HELP balance provisions apply in relation to a unit of study in which a student was or is enrolled with a higher education provider as part of a course of study if the census date for the unit is on or after 1 January 2020.
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.

147 Transitional - indexation  
147
Despite anything in subsection 198-10(1) of the Higher Education Support Act 2003 , the HELP loan limit is not to be indexed on 1 January 2020.

S 97-42(1) amended by No 101 of 2020, s 3 and Sch 2 item 83, 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 HECS-HELP assistance that the person received for the *affected unit *re-credited to the person ' s HELP balance.

S 97-42(1) amended by No 111 of 2019, s 3 and Sch 2 item 36, by substituting para (b) to (d), effective 1 January 2020. Para (b) 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 97-42 inserted by No 76 of 2018, s 3 and Sch 3 item 6, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.