Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-1 - STUDENT LEARNING ENTITLEMENT

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Division 76 - Reduction of a person ' s SLE amount

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SECTION 76-1 Reduction of a person ' s SLE amount

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76-1(1)
A higher education provider must, on the *Secretary ' s behalf, reduce a person ' s *SLE amount at a particular time if:

(a)

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the person enrolled in a unit of study as part of a *course of study (other than an *enabling course) with the provider; and

(b) at the end of the *census date for the unit, the person remained so enrolled; and

(c) the person is a *Commonwealth supported student in relation to the unit; and

(d)

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the unit is not:

(i) an *ineligible work experience unit for the person; or

(ii) a *replacement unit; and

(e) the person has, on or before the census date for the unit, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to:

(i) the unit; or

(ii) where the course of study of which the unit forms a part is undertaken with the provider - the course of study.

Note:

A person ' s SLE amount must be re-credited in certain circumstances: see Division 79 .

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76-1(2)
The amount of the reduction is an amount equal to the *EFTSL value of the unit of study.

76-1(3)
The reduction takes effect immediately after the *census date for the unit of study.

76-1(4)
If a higher education provider reduces a person ' s *SLE amount at a particular time under subsection (1) , the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary ' s behalf, reduce any one or more of the following amounts to take account of the reduction under that subsection:

(a) an amount of *ordinary SLE (if any) that the person has at that time;

(b) an amount of *additional SLE (if any) that the person has at that time;

(c) an amount of *lifelong SLE (if any) that the person has at that time.

76-1(5)

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If a higher education provider is unable to act for the purposes of subsection (1) or (4) , the *Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.

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History

S 76-1 inserted by No 93 of 2020, s 3 and Sch 4B item 6, applicable in relation to a unit of study that has a census date that is on or after 1 January 2022 (whether the unit of study is part of a course of study commenced before, on or after that day).

Former s 76-1 repealed by No 104 of 2011, s 3 and Sch 2 item 14, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 . S 76-1 formerly read:

SECTION 76-1 Reducing a person's SLE
76-1(1)
A person's *SLE is reduced if:

(a) at the end of the *census date for a unit of study with a higher education provider, the person is enrolled in the unit; and

(b) the person is enrolled in the unit as part of a *course of study (other than an *enabling course); and

(c) the person is a *Commonwealth supported student in relation to the unit; and

(d) the person has, on or before the census date, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to:

(i) the unit; or

(ii) where the course of study of which the unit forms a part is undertaken with the provider - the course of study.

76-1(2)
The amount of the reduction is an amount equal to the *EFTSL value of the unit of study.

76-1(3)
The reduction takes effect immediately after the *census date for the unit of study.

76-1(4)
This section does not apply if the unit of study consists wholly of *work experience in industry.

76-1(5)
This section does not apply to a unit that is a replacement unit within the meaning of the *tuition assurance requirements.
Note 1:

There are special rules for reduction of a person's additional SLE or life long SLE: see sections 76-5 and 76-10.

Note 2:

A person's SLE can be re-credited in some circumstances: see Division 79.

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