Document ID: chunk:federal_register_of_legislation:C2020A00062:clause:2_1:p2
Version: federal_register_of_legislation:C2020A00062
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 2/2)
Character Range: 7664–9305

makes a determination in relation to a relevant student under subitem (3).
(7) The Higher Education Support Act 2003 has effect, and is taken to always have had effect, as if the Commonwealth had made the loan to the student, and made the payment to the provider:
 (a) if the excess amount was a purported payment of FEE‑HELP assistance for a unit of study—under section 110‑1 of that Act for that unit of study; or
 (b) if the excess amount was a purported payment of VET FEE‑HELP assistance for a VET unit of study—under clause 55 of Schedule 1A of that Act for that unit of study;
and to have done so immediately after the census date for the unit of study or VET unit of study.
(8) Despite subsection 128‑25(2) of the Higher Education Support Act 2003, the Secretary must not re‑credit the relevant student's HELP balance with an amount equal to the amount lent to the student under this item if, and to the extent that, the re‑crediting would have the effect that the student's HELP balance would exceed the HELP loan limit for the student.

 Delegation
(9) The Secretary may, in writing, delegate to an SES employee, or an acting SES employee, in the Department all or any of the powers of the Secretary under subitems (3) and (4).
(10) In exercising powers under the delegation, the delegate must comply with any directions of the Secretary.

Determination is not a legislative instrument
(11) A determination made under subitem (3) is not a legislative instrument.

Definitions
(12) Expressions used in this item that are also used in the Higher Education Support Act 2003 have the same meaning in this item as they have in that Act.