Document ID: chunk:federal_register_of_legislation:C2019A00111:clause:2_16:p6
Version: federal_register_of_legislation:C2019A00111
Segment Type: clause
Provision Reference: sch 2 cl 16 (pt 6/8)
Character Range: 67816–70710

must give a written notice to the *Secretary of that fact.
 (3) The *HELP 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.

Part 5‑1B—HELP Tuition Protection Fund, HELP Tuition Protection Director and HELP Tuition Protection Fund Advisory Board

Division 1—HELP Tuition Protection Fund

167‑1  Name of Fund
 (1) The *HELP Tuition Protection Fund is established by this section.
 (2) The *HELP Tuition Protection Fund is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

167‑5  Credits to the HELP Tuition Protection Fund
  There must be credited to the *HELP Tuition Protection Fund amounts equal to the following:
 (a) each amount of *HELP tuition protection levy received from a higher education provider;
 (b) each amount paid by a higher education provider to the Commonwealth under paragraph 36‑24A(2)(b), or subsection 110‑5(1) because of re‑crediting under section 104‑42, if the balance of the Fund had previously been reduced under paragraph 167‑10(1)(f) in relation to that amount;
 (c) any other money appropriated by the Parliament for the purposes of the HELP Tuition Protection Fund;
 (d) any penalties for late payment of HELP tuition protection levy;
 (e) each amount received by the Commonwealth for the purposes of the HELP Tuition Protection Fund.
Note 1: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.
Note 2: HELP tuition protection levy is imposed by the Higher Education Support (HELP Tuition Protection Levy) Act 2019. The Higher Education Provider Guidelines deal with collection of the levy: see section 19‑66A.

167‑10  Purposes of the HELP Tuition Protection Fund
 (1) The purposes of the *HELP Tuition Protection Fund are as follows:
 (a) making payments in connection with tuition protection;
 (b) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the *HELP Tuition Protection Director's functions, including in managing the HELP Tuition Protection Fund;
 (c) paying any remuneration and allowances payable to the HELP Tuition Protection Director;
 (d) paying any remuneration and allowances payable to the members of the *HELP Tuition Protection Fund Advisory Board;
 (e) paying any amount that is required or permitted to be repaid;
 (f) reducing the balance of the Fund (and therefore the available appropriation for the Fund)