Document ID: chunk:federal_register_of_legislation:C2025C00125:section:106l:p1
Version: federal_register_of_legislation:C2025C00125
Segment Type: section
Provision Reference: s 106L (pt 1/3)
Character Range: 210049–212568

106L  Power of Secretary to remit debt in special circumstances
 (1) The Secretary may, in writing, remit the whole or part of a person's HEC semester debt or PELS semester debt if:
 (a) the person has not completed the course requirements for his or her course of study in respect of a semester during the semester or during the year in which the semester occurred; and
 (b) the Secretary is satisfied that special circumstances apply to the person (see subsection (3)); and
 (c) the person applies in writing to the Secretary for remission of the debt within 12 months after the person's withdrawal day in relation to a unit in the person's course of study for the semester (see subsection (3B)).
 (2) The Secretary may, in writing, remit the whole or part of a person's BOTP study period debt or OL study period debt if:
 (a) the person has not completed the BOTP course, or one or more of the units of study, for which he or she was enrolled for the study period; and
 (b) the Secretary is satisfied that special circumstances apply to the person (see subsection (3); and
 (c) the person applies in writing to the Secretary for remission of the debt within 12 months after the person's withdrawal day in relation to the BOTP course, or a unit of study, in which the person was enrolled for the study period (see subsection (3B)).
 (3) For the purposes of this section, special circumstances, in relation to a person, include circumstances that the Secretary is satisfied:
 (a) are beyond the person's control; and
 (b) do not make their full impact on the person until on or after the census date for the course of study for the semester or the study period (as the case requires); and
 (c) make it impracticable for the person to complete the course requirements for the course of study for the semester during the semester or during the year in which the semester occurs, or the units of study for which he or she was enrolled for the study period (as the case requires).
Note: For meaning of census date, see sections 34 (HECS) and 99 (OLDPS).
 (3A) The Secretary may issue guidelines relating to circumstances in which the Secretary will be satisfied of a matter referred to in paragraph (3)(a), (b) or (c). A decision of the Secretary under subsection (1) or (2) must be in accordance with any such guidelines.
 (3B) For the purposes of this section, a person's withdrawal day, in relation to a unit in a course of study for a semester, or a BOTP course, or a unit of study, for a study period, is:
 (a) if the