Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

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 36-24A   Providers to repay amounts - provider defaults  

36-24A(1)    

A higher education provider must, on the *Secretary ' s behalf, determine that this section applies to a person if:

(a)    the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and

(b)    the unit would, if completed, form part of a *course of study undertaken with the provider; and

(c)    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 *defaulted in relation to the person; and

(d)    Part 5-1A applied to the provider at the time the provider defaulted in relation to the person; and

(e)    

any of the following apply:

(i) the provider identifies, under paragraph 166-25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;

(ii) the person elects, under subparagraph 166-25(7)(a)(iii) , to have an amount equal to the amounts of *HECS-HELP assistance that the person received for the unit re-credited to the student ' s *HELP balance;

(iii) the *Higher Education Tuition Protection Director decides, under paragraph 166-26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;

(iv) the person elects, under subparagraph 166-26B(4)(a)(iii) , to have an amount equal to the amounts of HECS-HELP assistance that the person received for the unit re-credited to the student ' s HELP balance.

Note:

A HECS-HELP debt of a person to whom this section applies is remitted under subsection 137-5(4) .

36-24A(2)    

The provider must pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.

36-24A(3)    
If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.