Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:93:p6
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 93 (pt 6/6)
Character Range: 26019–28549

(i)    is capable of making all necessary arrangements to ensure that all payments can be made under the VET tuition fee repayment option for students enrolled as VET students in VET units of study with the first body; and
              (ii)    has the necesa financial and administrative resources to fulfil all such arrangements.
        This subsection has effect subject to subsection 12(1) (about corporate separation).

        VET tuition fee repayment option

        (3)    Subsections (4) to (7) provide for the VET tuition fee repayment option.

        (4)    Subsections (5) to (7) apply for a student if:
(a)    the first body ceases to provide an eligible VET course of study at a particular time, and as a result ceases to provide a VET unit of study that forms part of the course; and
(b)    the student is enrolled as a VET student in the unit at that time with the first body; and
(c)    the student does not have an agreement to pay in arrears the VET tuition fees for the unit; and
(d)    the student chooses the option described in subsections (5) to (7) for the unit.

        (5)    Within 20 business days (or within such longer period as the Secretary allows) the first body must:

            (a)    re-credit the student's HELP balance in respect of the unit as required under subclause 51(1) of Schedule 1A to the Act; and
            (b)    notify its VET repayment TAS operator or VET repayment guarantor (as applicable) of this as soon as possible.

              Note:     If the first body is unable to re-credit the student's HELP balance, the Secretary may re-credit it under subclause 51(2) of Schedule 1A to the Act, and will notify the VET repayment TAS operator or VET repayment guarantor (as applicable) of this.

        (6)    The VET repayment TAS operator or VET repayment guarantor (as applicable) must (under the arrangements described in subsection (2)):
(a)    pay to the student the total of any VET tuition fee payments already paid to the first body for that unit (other than any payments received from the Commonwealth); and
(b)    pay to the Commonwealth an amount equal to the sum of any amounts paid for that unit by the Commonwealth to the first body in discharge of the student's VET tuition fees for that unit.

        (7)    That operator or guarantor (as applicable) must (under those arrangements) make these payments within 10 business days of being notified of the re-crediting of the student's HELP balance in respect of the unit.

Division 4—General requirements