Document ID: chunk:federal_register_of_legislation:C2005A00158:clause:2_6
Version: federal_register_of_legislation:C2005A00158
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 10024–11674

6  After section 36‑22
Insert:

36‑22A  Providers to repay amounts etc. for units wholly consisting of work experience in industry—provider ceases to provide course

 (1) A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person if:
 (a) the person has been 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 unit wholly consists of *work experience in industry; and
 (d) 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 ceased to provide the unit as a result of ceasing to provide the course of which the unit formed part; and
 (e) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
 (f) the person chose the option designated under the *tuition assurance requirements as student contribution/fee repayment in relation to the unit.

Note: A HECS‑HELP debt of a person to whom this section applies is remitted under subsection 137‑5(5).

 (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 any *HECS‑HELP assistance to which the person was entitled for the unit.

 (3) The *Secretary may determine that this section applies to a person if the provider is unable to do so.