Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1a_46aa:p2
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1A cl 46AA (pt 2/2)
Character Range: 714712–716964

(d) informing the person that, if no submissions are received within the 28 day period, the Secretary may proceed to make the decision.
 (5) In deciding whether to re‑credit the *HELP balance, the *Secretary must take into account any submissions received from the person within the 28 day period.

Submissions by providers before decision to re‑credit in circumstances requiring repayment by provider
 (6) Before making a decision to re‑credit a person's *HELP balance to which subclause 56(4) applies, the Secretary must give the *VET provider a notice in writing:
 (a) stating that the Secretary is considering making the decision; and
 (b) stating that, if the Secretary makes the decision, the VET provider will be required to pay an amount to the Commonwealth under subclause 56(4) in relation to the re‑crediting; and
 (c) stating the reasons why the Secretary is considering making the decision; and
 (d) inviting the VET provider to make written submissions to the Secretary, within 28 days, about why that decision should not be made; and
 (e) informing the VET provider that, if no submissions are received within the 28 day period, the Secretary may proceed to make the decision.
 (7) In deciding whether to re‑credit the *HELP balance, the *Secretary must take into account any submissions received from the *VET provider within the 28 day period.

Written notice of decision
 (8) If the *Secretary re‑credits a person's *HELP balance under subclause (1), the Secretary must, as soon as practicable, give written notice of the Secretary's decision and the reasons for it to:
 (a) the person; and
 (b) if subclause 56(4) applies to the decision—the *VET provider.

Final date for re‑crediting
 (9) The *Secretary must not re‑credit a person's *HELP balance under subclause (1) on the Secretary's own initiative, after:
 (a) 31 December 2020; or
 (b) if a later day is prescribed by the *VET Guidelines for the purposes of this paragraph—that later day.
 (10) The *Secretary must not re‑credit a person's *HELP balance under subclause (1) on application made by the person, if the application is made after:
 (a) 31 December 2020; or
 (b) if a later day is prescribed by the *VET Guidelines for the purposes of this paragraph—that later day.