Document ID: chunk:federal_register_of_legislation:C2025C00046:section:62c
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 62C
Character Range: 94830–96661

62C  When a provider defaults in relation to a student
 (1) A registered higher education provider defaults in relation to a domestic student if:
 (a) the provider fails to start to provide a unit of study to the student on the day the unit was scheduled to start; and
 (b) the student has not withdrawn before that day; and
 (c) an up‑front payment:
 (i) was made for the student for the unit of study on or before that day; or
 (ii) was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE‑HELP assistance or HECS‑HELP assistance for the unit.
 (2) A registered higher education provider defaults in relation to a domestic student if:
 (a) the provider ceases to provide a unit of study to the student on a day after the unit starts but before it is completed; and
 (b) the student has not withdrawn before that day; and
 (c) an up‑front payment:
 (i) was made for the student for the unit of study on or before that day; or
 (ii) was not made for the student for the unit on or before that day and the student was not entitled, and would not have been entitled, to FEE‑HELP assistance or HECS‑HELP assistance for the unit.
 (3) A registered higher education provider defaults in relation to a domestic student if circumstances prescribed by the Up‑front Payments Guidelines apply in relation to the provider and the student.
Note: If the student was entitled, or would have been entitled, to FEE‑HELP assistance or HECS‑HELP assistance in relation to the unit of study (or any other affected units of the original course) the provider may also have defaulted in relation to the student under the Higher Education Support Act 2003: see section 166‑10 of that Act.

Division 2—Tuition Protection

Subdivision A—Obligations of defaulting providers