Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p5
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 5/67)
Character Range: 297021–299800

the unit; and
 (b) the higher education provider gives notice to the person that the withdrawal has taken effect;
the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.
 (2) If subsection (1) does not apply, the application period for the application is the period of 12 months after the period during which the person undertook, or was to undertake, the unit.

97‑40  Dealing with applications
 (1) If:
 (a) the application is made under paragraph 97‑25(2)(d) before the end of the relevant application period; or
 (b) the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;
the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.
 (2) The notice must include a statement of the reasons for the decision.
Note: Refusals of applications are reviewable under Part 5‑7.

97‑42  Re‑crediting a person's HELP balance in relation to HECS‑HELP assistance—provider defaults
 (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 *HECS‑HELP assistance that the person received for a unit of study if:
 (a) the person has been enrolled in the unit with the provider; and
 (b) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit because the provider *defaulted in relation to the person and the unit; and
 (c) Part 5‑1A applied to the provider at the time the provider defaulted in relation to the person; and
 (d) any of the following apply:
 (i) the provider identifies, under paragraph 166‑25(4)(b) that there is no suitable *replacement unit or *replacement course for the person;
 (ii) the person elects, under subparagraph 166‑25(7)(a)(iii), to have an amount equal to the amounts of HECS‑HELP assistance that the person received for the unit re‑credited to the student's HELP balance;
 (iii) the *Higher Education Tuition Protection Director decides, under paragraph 166‑26B(2)(b) that the Director is not satisfied that there is a suitable replacement course for the person;
 (iv) the person elects, under subparagraph 166‑26B(4)(a)(iii), to have an amount equal to the amounts of HECS‑HELP assistance that the person received for the unit re‑credited to the student's HELP balance.
Note: A HECS‑HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re‑credited: see subsection 137‑5(5).