Document ID: chunk:federal_register_of_legislation:C2025C00046:section:62j:p2
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 62J (pt 2/3)
Character Range: 110002–112786

the original course, tuition fees would not be payable for a replacement unit of a suitable replacement course;
 (e) an explanation that if the student chooses to enrol in another course, there is no obligation on the provider of the other course to offer a replacement unit without charge to the student;
 (f) an explanation of the matters the Director must have regard to under subsection (3);
 (g) any other matters prescribed by the Up‑front Payments Guidelines.

Accepting an offer of a suitable replacement course
 (5) If the Higher Education Tuition Protection Director arranges for the student to be offered a place in a suitable replacement course, the student may accept the offer.
 (6) An acceptance must:
 (a) be in writing; and
 (b) be given to the provider of the suitable replacement course within the period specified in subsection (7).
 (7) For the purposes of subsection (6), the period is:
 (a) the period of 30 days after the Higher Education Tuition Protection Director gives notice under subsection (4); or
 (b) if the Director determines that exceptional circumstances apply:
 (i) any shorter period determined in writing by the Director; or
 (ii) any longer period (not exceeding 12 months) determined in writing by the Director, and agreed to by the student.

No suitable replacement course available
 (8) If paragraph (2)(b) applies, the Higher Education Tuition Protection Director must give a written notice to the student that includes the following:
 (a) an explanation of the matters the Director must have regard to under subsection (3);
 (b) an explanation of the student's right to request reconsideration, under section 187D, of the Director's decision within 28 days after the day on which the student is given the notice;
 (c) a statement that, to facilitate early refunds, the student may, at any time during the 28 days, give the Director notice in writing that the student will not seek reconsideration of the decision;
 (d) a statement that, if the student does not apply for reconsideration, an amount equal to the amount the provider was liable to pay to the student under subsection 62F(8) will be paid to the student.

Elections for FEE‑HELP or HECS‑HELP must be consistent
 (9) Despite paragraph (4)(a), if the student was entitled to FEE‑HELP assistance or HECS‑HELP assistance for any affected units of the original course, any elections made under that paragraph in relation to those units must be consistent with any elections made under paragraph 166‑26B(4)(a) of the Higher Education Support Act 2003 in relation to those units.
Example: A student who is entitled to FEE‑HELP assistance or HECS‑HELP assistance for an affected unit of an original course also makes an up‑front payment for the same affected unit. The student elects,