Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017 (83 of 2017)

Schedule 3   Amendment of the Higher Education Support Act 2003

Part 1   Amendments

Higher Education Support Act 2003

29   At the end of Subdivision 104-B of Division 104

Add:

104-43 Re-crediting a person's FEE-HELP balance if not a genuine student

(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:

(a) the person has been enrolled in the unit with the provider; and

(b) the Secretary is satisfied that the person is not a *genuine student.

Note: A FEE-HELP debt relating to a unit of study will be remitted if the FEE-HELP balance in relation to the unit is re-credited: see subsection 137-10(4).

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

104-44 Re-crediting a person's FEE-HELP balance if provider completes request for assistance etc.

(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

Note: A FEE-HELP debt relating to a unit of study will be remitted if the FEE-HELP balance in relation to the unit is re-credited under this section: see subsection 137-10(4).

(2) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the Secretary is satisfied that the student was not entitled to receive FEE-HELP assistance for the unit of study with the higher education provider.

(3) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.

(4) The *Secretary may re-credit the person's *FEE-HELP balance under this section if the provider is unable to do so.