Document ID: chunk:federal_register_of_legislation:C2019A00111:clause:2_16:p4
Version: federal_register_of_legislation:C2019A00111
Segment Type: clause
Provision Reference: sch 2 cl 16 (pt 4/8)
Character Range: 62543–65411

*replacement unit of a suitable replacement course;
 (e) an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;
 (f) an explanation of the matters the Director must have regard to under subsection (2);
 (g) any other matters prescribed by the Higher Education Provider Guidelines.

No suitable replacement course available
 (4) If paragraph (1)(b) applies, the *HELP Tuition Protection Director must give a written notice to the student that includes the following:
 (a) an explanation of the matters the Director must have regard to under subsection (2);
 (b) an explanation of the student's right to request reconsideration, under section 209‑10, of the Director's decision within 28 days after the day on which the student is given the notice;
 (c) a statement that, to facilitate early re‑crediting, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;
 (d) a statement that, if the student does not apply for reconsideration, an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the student received for the *affected unit will be *re‑credited to the student's *HELP balance.

166‑27  Obligations of providers to provide information about replacement courses
 (1) The *HELP Tuition Protection Director may, by notice in writing, require a higher education provider to provide such information that the Director reasonably requires to enable the Director to make a decision under subsection 166‑25(1) regarding suitable *replacement courses for a student in relation to whom a provider has *defaulted.
 (2) The information must be provided:
 (a) in a form (if any) approved by the *HELP Tuition Protection Director for the information; and
 (b) in accordance with such other requirements as the Director makes.

Civil penalty
 (3) A higher education provider contravenes this subsection if:
 (a) the provider is given a notice under subsection (1); and
 (b)  the provider fails to comply with the notice.
Civil penalty: 60 penalty units.

Offence
 (4) A higher education provider commits an offence of strict liability if:
 (a) the provider is given a notice under subsection (1); and
 (b)  the provider fails to comply with the notice.
Penalty: 60 penalty units.

166‑30  Obligations of replacement providers
 (1) This section applies if a student accepts an offer of a place in a *replacement course.
 (2) The higher education provider who provides the *replacement course must give written notice of the acceptance to the *HELP Tuition Protection Director within 14 days of the acceptance.
 (3) The higher education provider who provides the *replacement course must ensure that the student:
 (a) is