Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p43
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 43/67)
Character Range: 392699–395451

sections 128D‑5, 128D‑10 and 137‑17. See also paragraph 128B‑1(1)(c).
 (3) If the provider is unable to act for one or more of the purposes of this Subdivision, the *Secretary may act as if one or more of the references in this Subdivision to the provider were a reference to the Secretary.

128E‑5  Special circumstances
 (1) For the purposes of paragraph 128E‑1(1)(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 *accelerator program course; and
 (c) make it impracticable for the person to complete the requirements for the course in the period during which the person undertook, or was to undertake, the course.
 (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 a student contribution amount or an amount of HECS‑HELP assistance) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

128E‑10  Application period
 (1) If:
 (a) the person applying under paragraph 128E‑1(1)(d) in relation to an amount of *STARTUP‑HELP assistance for an *accelerator program course has withdrawn their enrolment in the course; and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 day the withdrawal takes effect.
 (2) If subsection (1) does not apply, the application period for the application is the period of 12 months after the end of the period during which the person undertook, or was to undertake, the course.

128E‑15  Dealing with applications
 (1) If:
 (a) the application is made under paragraph 128E‑1(1)(d) before the end of the relevant application period; or
 (b) the higher education 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;
the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.
 (2) The notice must include a statement of the reasons for the