Higher Education Support Amendment (VET FEE-HELP Student Protection) Act 2018 (160 of 2018)

Schedule 1   Amendments

Higher Education Support Act 2003

5   At the end of clause 56 of Schedule 1A

Add:

Re-crediting under subclause 46AA(1)

(4) If:

(a) under subclause 46AA(1) (inappropriate conduct by provider or provider's agent), a person's *FEE-HELP balance is re-credited with an amount relating to *VET FEE-HELP assistance for a *VET unit of study with a *VET provider; and

(b) the inappropriate conduct which the *Secretary is satisfied was reasonably likely to have been engaged in was, or included, the VET provider treating the person as being entitled to the assistance under clause 43, when the person was not entitled to that assistance;

the VET provider must pay to the Commonwealth an amount equal to the amount of VET FEE-HELP assistance to which the person was treated as being entitled for the unit.

Note: The VET provider must repay the amount under subclause (4) even if the person's FEE-HELP balance is not increased by an amount equal to the amount re-credited.