Document ID: chunk:federal_register_of_legislation:C2011A00104:clause:2_9:p3
Version: federal_register_of_legislation:C2011A00104
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 3/4)
Character Range: 21568–24108

The notice must include a statement of the reasons for the decision.

36‑24A  Providers to repay amounts—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 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
 (d) the *tuition assurance requirements applied to the provider at the time the provider ceased to provide the unit; and
 (e) the person chose the option designated under the tuition assurance requirements as student contribution/tuition 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(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 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 any *HECS‑HELP assistance to which the person was entitled for the unit.

36‑24C  Secretary may act if provider is unable to
  If a higher education provider is unable to act for one or more of the purposes of subsection 36‑20(1), section 36‑21, 36‑22 or 36‑23 or subsection 36‑24A(1), the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.