Document ID: chunk:federal_register_of_legislation:C2022C00002:clause:3_29
Version: federal_register_of_legislation:C2022C00002
Segment Type: clause
Provision Reference: sch 3 cl 29
Character Range: 28556–30801

29  At the end of Subdivision 104‑B of Division 104
Add:

104‑43  Re‑crediting a person's FEE‑HELP balance if not a genuine student
 (1) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *FEE‑HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if:
 (a) the person has been enrolled in the unit with the provider; and
 (b) the Secretary is satisfied that the person is not a *genuine student.
Note: A FEE‑HELP debt relating to a unit of study will be remitted if the FEE‑HELP balance in relation to the unit is re‑credited: see subsection 137‑10(4).
 (2) The *Secretary may re‑credit the person's *FEE‑HELP balance under subsection (1) if the provider is unable to do so.

104‑44  Re‑crediting a person's FEE‑HELP balance if provider completes request for assistance etc.
 (1) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *FEE‑HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.
Note: A FEE‑HELP debt relating to a unit of study will be remitted if the FEE‑HELP balance in relation to the unit is re‑credited under this section: see subsection 137‑10(4).
 (2) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *FEE‑HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if the Secretary is satisfied that the student was not entitled to receive FEE‑HELP assistance for the unit of study with the higher education provider.
 (3) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *FEE‑HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.
 (4) The *Secretary may re‑credit the person's *FEE‑HELP balance under this section if the provider is unable to do so.