VET Student Loans Act 2016

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

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SECTION 71 WHEN SECRETARY MAY RE-CREDIT HELP BALANCE

71(1)

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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.

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71(2)
Unacceptable conduct , in relation to an application for a VET student loan, has the meaning given by the rules.

71(3)

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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.

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71(4)

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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.

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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.

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