Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p10
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 10/19)
Character Range: 188845–191587

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) any of the following apply:
 (i) the provider identifies, under paragraph 166‑25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;
 (ii) the person elects, under subparagraph 166‑25(7)(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;
 (iii) the *Higher Education Tuition Protection Director decides, under paragraph 166‑26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;
 (iv) the person elects, under subparagraph 166‑26B(4)(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).
 (2) The provider must pay to the Commonwealth an amount equal to any *HECS‑HELP assistance to which the person was entitled for the unit.
 (3) If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.

36‑24B  Providers to repay amounts—no tax file numbers
 (1) This section applies to a person if a higher education provider cancels the person's enrolment in a unit of study under subsection 193‑5(1).
Note: A HECS‑HELP debt of a person to whom this section applies is remitted under subsection 137‑5(4).
 (2) The provider must:
 (a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and
 (b) pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96‑1.

36‑24BA  Providers to repay amounts—person's SLE amount re‑credited in special circumstances
 (1) This section applies if:
 (a) a person has been enrolled as a *Commonwealth supported student with a higher education provider in a unit of study; and
 (b) the person's *SLE amount has been re‑credited under section 79‑1 with an amount equal to the *EFTSL value of the unit.
 (2) The provider must:
 (a) pay to the person an amount equal to the payment, or