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 71
WHEN SECRETARY MAY RE-CREDIT HELP BALANCE
71(1)
The Secretary may re-credit the student
'
s HELP balance if the Secretary is satisfied that the course provider, or a person acting on the provider
'
s behalf, engaged in unacceptable conduct in relation to the student
'
s application for the VET student loan.
History
S 71(1) amended by No 76 of 2018, s 3 and Sch 3 item 138, by substituting
"
HELP balance
"
for
"
FEE-HELP balance
"
, effective 1 January 2020. For transitional provisions, see note under Part
6
heading.
71(2)
Unacceptable conduct
, in relation to an application for a VET student loan, has the meaning given by the rules.
71(3)
The Secretary may re-credit the student
'
s HELP balance if the Secretary is satisfied of one or more of the following:
(a)
the student is not an eligible student;
(b)
the student is not a genuine student;
(c)
the student does not have a tax file number;
(d)
the student does not have a student identifier.
History
S 71(3) amended by No 76 of 2018, s 3 and Sch 3 item 138, by substituting
"
HELP balance
"
for
"
FEE-HELP balance
"
, effective 1 January 2020. For transitional provisions, see note under Part
6
heading.
71(4)
The Secretary may re-credit the student
'
s HELP balance if the Secretary is satisfied that:
(a)
the provider has failed to comply with this Act; and
(b)
the failure has adversely affected the student.
History
S 71(4) amended by No 76 of 2018, s 3 and Sch 3 item 138, by substituting
"
HELP balance
"
for
"
FEE-HELP balance
"
, effective 1 January 2020. For transitional provisions, see note under Part
6
heading.
71(5)
The amount re-credited must not exceed the amount of the VET student loan that has been used to pay tuition fees for the student for the course, or the part of the course.
71(6)
This section applies whether or not the student applies for the re-credit.