Document ID: chunk:federal_register_of_legislation:C2019A00111:clause:2_9
Version: federal_register_of_legislation:C2019A00111
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 51572–52807

9  Subsection 36‑24A(1)
Repeal the subsection, substitute:
 (1) A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person if:
 (a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and
 (b) the unit would, if completed, form part of a *course of study undertaken with the provider; and
 (c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person; and
 (d) Part 5‑1A applied to the provider at the time the provider defaulted in relation to the person; and
 (e) either of the following apply:
 (i) the *HELP Tuition Protection Director decides, under paragraph 166‑25(1)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;
 (ii) the person elects, under subparagraph 166‑25(3)(a)(iii), to have an amount equal to the amounts of *HECS‑HELP assistance that the person received for the unit *re‑credited to the student's *HELP balance.
Note: A HECS‑HELP debt of a person to whom this section applies is remitted under subsection 137‑5(4).