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 73 SECRETARY MUST INVITE SUBMISSIONS BEFORE RE-CREDITING

73(1)

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Before re-crediting a student ' s HELP balance under this Division (other than section 72A ), the Secretary must give the course provider concerned notice in writing:

(a) stating that the Secretary is considering the re-credit; and

(b) stating the reasons why the Secretary is considering the re-credit; and

(c) inviting the provider to make written submissions to the Secretary about the re-credit within 28 days.

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73(2)

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In deciding whether to re-credit the HELP balance, the Secretary must take into account any submissions received within the 28 day period.

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73(3)
The Secretary must give the student and the provider written notice of the Secretary ' s decision and the reasons for the decision. The notice must be given as soon as practicable after the decision is made.

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