Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p6
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 6/19)
Character Range: 470054–472858

(b) recovered by the Commonwealth from that person as a debt due to the Commonwealth.

164‑18  Repayment of Commonwealth scholarships paid to students—breach of condition
 (1) This section applies if:
 (a) an amount is paid to a person by way of a *Commonwealth scholarship under section 46‑13; and
 (b) the person breaches a condition of the Commonwealth scholarship.
 (2) The amount may, in whole or part, be:
 (a) deducted from any amount that is payable, or to be paid, to that person under that section; or
 (b) recovered by the Commonwealth from that person as a debt due to the Commonwealth.

164‑20  Rounding of amounts
  If an amount payable by the Commonwealth under this Act is an amount made up of dollars and cents, round the amount down to the nearest dollar.

Part 5‑1A—Tuition protection

Division 1—Preliminary

166‑1  What this Part is about

      Certain higher education providers who default in delivering a unit of study to a student receiving or entitled to FEE‑HELP assistance or HECS‑HELP assistance for the unit must give information about the default to the Higher Education Tuition Protection Director and to the student. If the student has made an up‑front payment for the unit the provider may also have obligations under Part 5A of the Tertiary Education Quality and Standards Agency Act 2011 in relation to the default.
      The provider must assist the student to find a replacement unit or replacement course, or the provider must re‑credit the student's HELP balance (and offer the student a choice about this). If the provider fails to discharge this obligation, the Director must offer the student a suitable replacement course. If the Director is not satisfied that there is a suitable replacement course, or if the student elects re‑crediting, the student's HELP balance is re‑credited.

166‑5  Application of this Part
 (1) This Part applies to higher education providers other than:
 (a) *Table A providers; or
 (b) providers of a kind prescribed by the Higher Education Provider Guidelines.
 (2) Despite subsection (1), the Minister may, by written notice, determine that this Part:
 (a) applies to a specified higher education provider; or
 (b) does not apply to a specified higher education provider;
if the Minister considers it appropriate that this Part applies, or does not apply, to the provider.
 (2A) In deciding whether it is appropriate that this Part applies, or does not apply, to a specified higher education provider, the Minister must have regard to the following:
 (a) the risk of the provider *defaulting in relation to one or more students;
 (b) whether the provider is financially viable and likely to remain financially viable;
 (c) any non‑compliance, or risk of future non‑compliance, with this Act or legislative instruments made under