Document ID: chunk:federal_register_of_legislation:C2023A00036:clause:1_25:p8
Version: federal_register_of_legislation:C2023A00036
Segment Type: clause
Provision Reference: sch 1 cl 25 (pt 8/11)
Character Range: 28675–31498

person made in relation to the person's *accelerator program course fee for the course.

128D‑10  Implications of reversal for person's liability to higher education provider for accelerator program course fee
  If an amount of *STARTUP‑HELP assistance received by a person for an *accelerator program course is *reversed under Division 128E, the person is discharged from all liability to pay or account for so much of the person's *accelerator program course fee for the course as is equal to that amount.

Division 128E—Reversal of STARTUP‑HELP assistance

Subdivision 128E‑A—Reversal in special circumstances

128E‑1  Reversal of STARTUP‑HELP assistance: special circumstances
 (1) A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person, in relation to an amount of *STARTUP‑HELP assistance that the person received for an *accelerator program course with the provider, if:
 (a) the person has been enrolled in the accelerator program course with the provider; and
 (b) the person has not completed the requirements for the accelerator program course during the period during which the person undertook, or was to undertake, the course; and
 (c) the provider is satisfied that special circumstances apply to the person (see section 128E‑5); and
 (d) the person applies in writing to the provider for either or both of the following:
 (i) the repayment of any amounts that the person paid in relation to the person's *accelerator program course fee;
 (ii) the remission of the person's *STARTUP‑HELP debt in relation to the accelerator program course; and
 (e) either:
 (i) the application is made before the end of the application period under section 128E‑10; or
 (ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
Note: A decision that this section does not apply to a person is reviewable under Part 5‑7.
 (2) If the provider determines that this section applies to the person in relation to the amount of assistance, the amount is reversed.
Note: For the consequences if an amount of assistance is reversed, see sections 128D‑5, 128D‑10 and 137‑17. See also paragraph 128B‑1(1)(c).
 (3) If the provider is unable to act for one or more of the purposes of this Subdivision, the *Secretary may act as if one or more of the references in this Subdivision to the provider were a reference to the Secretary.

128E‑5  Special circumstances
 (1) For the purposes of paragraph 128E‑1(1)(c), special circumstances apply to the person if and only if the higher education provider receiving the application is satisfied that circumstances apply to the person that:
 (a) are beyond the person's control;