Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_18:p15
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 15/19)
Character Range: 493531–496434

successfully completed by the student; and
 (b) if the student has been charged a *student contribution amount or a *tuition fee for an *affected unit—is not charged a student contribution amount or a tuition fee for the replacement unit or the replacement unit of the replacement course; and
 (c) is enrolled in the replacement unit or replacement course as soon as practicable.

Civil penalty
 (4) A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.

Offence
 (5) A higher education provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.

166‑32  Obligations of replacement providers regarding enrolment information
 (1) A higher education provider who provides a *replacement unit or a *replacement course to a student must keep up to date records of the following in relation to the student:
 (a) the student's full name and contact details;
 (b) the name of the replacement unit or replacement course (and *units of study) that the student is currently enrolled in;
 (c) any *student contribution amounts or *tuition fees charged to the student for the replacement unit or for any units of study of the replacement course;
 (d) details of the replacement unit or units of study of the replacement course successfully completed by the student;
 (e) details of the credits granted to the student for the replacement unit or for units of study of the *original course successfully completed by the student.
 (2) A higher education provider contravenes this subsection if the provider fails to comply with this section.
Civil penalty: 60 penalty units.
 (3) A higher education provider commits an offence of strict liability if the provider contravenes this section.
Penalty: 60 penalty units.

166‑35  Notification obligations where there is no replacement course or student elects re‑crediting
 (1) This section applies if:
 (a) a higher education provider *defaults in relation to a student; and
 (b) either of the following apply:
 (i) the Director decides, under paragraph 166‑26B(2)(b), that the Director is not satisfied that there is a suitable *replacement course for the person;
 (ii) the person elects, under subparagraph 166‑26B(4)(a)(iii), to have an amount equal to the amounts of *FEE‑HELP assistance or *HECS‑HELP assistance that the person received for the unit re‑credited to the student's *HELP balance.
 (2) The *Higher Education Tuition Protection Director must give a written notice to the *Secretary of that fact.
 (3) The *Higher Education Tuition Protection Director must give a written notice to the provider stating that 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.

166‑40  Other tuition