Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p10
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 10/19)
Character Range: 480438–483286

In identifying whether there is a suitable *replacement unit, the provider must have regard to the following matters:
 (a) whether the student will receive credit under the student's *original course for the replacement unit;
 (b) whether the mode of delivery of the replacement unit is the same as the mode of delivery of the *affected unit;
 (c) the location where the replacement unit will be primarily delivered;
 (d) whether the student:
 (i) will incur additional fees that are unreasonable; and
 (ii) will be able to attend the replacement unit without unreasonable impacts on the student's prior commitments;
 (e) any other matters prescribed by the Higher Education Provider Guidelines.

Suitable replacement unit or suitable replacement course available
 (7) If paragraph (4)(a) applies, the provider must give a written notice to the student that includes the following:
 (a) a statement that the student may decide to do one of the following:
 (i) enrol in a suitable *replacement unit or suitable *replacement course;
 (ii) enrol in another unit of study or course;
 (iii) elect to have an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit re‑credited to the student's *HELP balance;
 (b) a description of each suitable replacement unit or suitable replacement course, including the qualification that the suitable replacement course leads to;
 (c) the contact details of the provider of each suitable replacement unit or suitable replacement course;
 (d) an explanation that, if *tuition fees or the student's *student contribution amount have been paid for the affected unit of the *original course, tuition fees or the student contribution amount would not be payable for a suitable replacement unit or a replacement unit of a suitable replacement course;
 (e) an explanation that if the student chooses to enrol in another unit of study or course, there is no obligation on the provider of the other unit or course to offer a replacement unit without charge to the student;
 (f) an explanation of the matters the provider must have regard to under subsections (5) and (6);
 (g) any other matters prescribed by the Higher Education Provider Guidelines.

Elections for up‑front payments must be consistent
 (8) Despite paragraph (7)(a), if an *up‑front payment was made for any *affected units of the *original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph 62F(7)(a) of the *TEQSA Act in relation to those units.
Example: A student who is entitled to FEE‑HELP assistance or HECS‑HELP assistance for an affected unit of an original course also makes an up‑front payment for the same affected unit. The student elects, under subparagraph (7)(a)(i), to enrol in a suitable