Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p13
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 13/67)
Character Range: 316966–319706

contributing to the *course of study, or the *bridging course for overseas‑trained professionals, of which the unit forms a part.
 (4) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study to which access was provided by *Open Universities Australia if the student was not resident in Australia on the day the student gave the *request for Commonwealth assistance in relation to the unit as referred to in subparagraph 104‑1(1)(i)(i).

104‑10  Course requirements
 (1) The course requirements for *FEE‑HELP assistance for a unit of study are that:
 (a) if the unit is being undertaken as part of a *course of study, the course is not a course that:
 (i) is subject to a determination under subsection (2); or
 (ii) is with a higher education provider that is subject to a determination under subsection (2); and
 (b) if the unit is being undertaken as part of a course of study with a higher education provider:
 (i) the course of study is an *accredited course in relation to the provider; or
 (ia) the course of study is a *microcredential course; or
 (ii) if the provider is a *self‑accrediting entity—the course of study is an *enabling course.
 (2) The Minister may, by legislative instrument, determine that:
 (a) a specified course provided by a specified higher education provider is a course in relation to which *FEE‑HELP assistance is unavailable; or
 (b) all courses provided by a specified higher education provider are courses in relation to which FEE‑HELP assistance is unavailable.
 (3) In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course or courses.

104‑12  Secretary may act if provider is unable to
  If a higher education provider is unable to act for the purposes of subsection 104‑1AA(2), the *Secretary may act as if one or more of the references in that provision to a higher education provider were a reference to the Secretary.

Subdivision 104‑B—Re‑crediting HELP balances in relation to FEE‑HELP assistance

104‑25  Main case of re‑crediting a person's HELP balance in relation to FEE‑HELP assistance
 (1A) If section 104‑42 applies to re‑credit a person's *HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.
 (1) A higher education provider must, on the *Secretary's behalf, re‑credit a person's *HELP balance with an amount equal to the amounts of *FEE‑HELP assistance that the person received for a unit of study if:
 (a) the person has been enrolled in the unit with the provider;