Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:1_62k
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 1 cl 62K
Character Range: 35403–37890

62K  When payments must be made from the Higher Education Tuition Protection Fund
 (1) If a domestic student accepts an offer of a replacement course in accordance with subsections 62J(5), (6) and (7), the Higher Education Tuition Protection Director must pay to the provider of the replacement course an amount equal to the amount the defaulting provider was liable to pay to the student under subsection 62F(8).
 (2) The Higher Education Tuition Protection Director must pay a domestic student an amount equal to the amount the defaulting provider was liable to pay to the student under subsection 62F(8) if:
 (a) the provider has failed to discharge its obligations under section 62F to the student by the end of the provider obligation period; and
 (b) either:
 (i) the Director decides, under paragraph 62J(2)(b), that the Director is not satisfied that there is a suitable replacement course for the student; or
 (ii) the student elects, under subparagraph 62J(4)(a)(iii), to have an amount equal to the amount the provider was liable to pay the student under subsection 62F(8) paid to them.
 (3) Despite subsection (2), the Higher Education Tuition Protection Director is not required to pay an amount under that subsection if:
 (a) the Director becomes aware of the circumstances referred to in paragraph (2)(a) more than 12 months after the day the provider defaulted in relation to the student; or
 (b) the Director becomes aware of the circumstances referred to in subparagraph (2)(b)(ii) more than 12 months after the day the Director gives notice to the student under subsection 62J(4).
 (4) Despite subsection (1), the Higher Education Tuition Protection Director may pay a greater amount than the amount required to be paid under that subsection to the provider of the replacement course if the Director considers that to do so:
 (a) would best protect the interests of the student; and
 (b) would not jeopardise the sustainability of the Higher Education Tuition Protection Fund.
 (5) Despite subsection (1), if:
 (a) the Higher Education Tuition Protection Director is required under that subsection to pay an amount to the provider of the replacement course; and
 (b) the amount required to be paid is more than the cost of the replacement course;
the Higher Education Tuition Protection Director must pay the difference to the student.
 (6) A payment under this section must be made in accordance with any requirements prescribed by the Up‑front Payments Guidelines.