Higher Education Legislation Amendment (2005 Measures No. 4) Act 2005 (158 of 2005)

Schedule 2   Tuition assurance requirements

Higher Education Support Act 2003

28   After subsection 110-5(1)

Insert:

(1A) Subsection (1) does not apply to the provider if:

(a) the person's *FEE-HELP balance was re-credited under subsection 104-25(1) (main case of re-crediting a person's FEE-HELP balance); and

(b) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *tuition assurance requirements.

(1B) The Higher Education Provider Guidelines may, in setting out the tuition assurance requirements, specify, in relation to the re-crediting of a person's *FEE-HELP balance in circumstances to which subsection (1A) applies:

(a) the amount (if any) that is to be paid to the Commonwealth; and

(b) the person (if any) who is to pay the amounts.