Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p4
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 4/67)
Character Range: 294564–297249

the application period under section 97‑35; 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.
 (3) If the higher education provider is unable to act for one or more of the purposes of subsection (2), or section 97‑30, 97‑35 or 97‑40, the *Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.

97‑27  Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—no tax file number
 (1) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *HELP balance with an amount equal to the amounts of *HECS‑HELP assistance that the person received for a unit of study if:
 (a) the person has been enrolled in the unit with the provider; and
 (b) subsection 193‑5(1) applies to the person in relation to the unit.
 (2) The *Secretary may re‑credit the person's *HELP balance under subsection (1) if the provider is unable to do so.

97‑30  Special circumstances
 (1) For the purposes of paragraph 97‑25(2)(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; and
 (b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and
 (c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.
 (2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36‑21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.
Note: The matters referred to in paragraphs 36‑21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS‑HELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

97‑35  Application period
 (1) If:
 (a) the person applying under paragraph 97‑25(2)(d) for the re‑crediting of the person's *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and
 (b) the higher education provider gives notice to the person that the withdrawal has taken effect;
the application period for the application is the period of 12 months after the day specified in the notice as the