Document ID: chunk:federal_register_of_legislation:C2021A00055:clause:1_7:p1
Version: federal_register_of_legislation:C2021A00055
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 4934–7571

7  Before section 36‑24C
Insert:

36‑24BB  Providers to repay amounts—provider completes request for assistance
 (1) This section applies to a person if the person's *HELP balance is re‑credited with an amount relating to *HECS‑HELP assistance for a unit of study under section 97‑45.
Note: The person's HECS‑HELP debt relating to the unit is taken to be remitted if the person's HELP balance is re‑credited in relation to the unit under section 97‑45: see section 137‑5.
 (2) The higher education provider must:
 (a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *student contribution amount for the unit; and
 (b) pay to the Commonwealth an amount equal to any *HECS‑HELP assistance to which the person was entitled for the unit.
 (3) Subsection (2) does not apply to the provider if:
 (a) the person enrolled in the unit as a *replacement unit; or
 (b) it is determined that section 36‑24A applies to the person in relation to the unit.
 (4) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:
 (a) the amount (if any) that is to be paid to the person; and
 (b) the amount (if any) that is to be paid to the Commonwealth; and
 (c) the person (if any) who is to pay the amounts.

36‑24BC  Providers to repay amounts—person not entitled to assistance
 (1) This section applies to a person if the person's *HELP balance is re‑credited with an amount relating to *HECS‑HELP assistance for a unit of study under section 97‑50.
Note: The person's HECS‑HELP debt relating to the unit is taken to be remitted if the person's HELP balance is re‑credited in relation to the unit under section 97‑50: see section 137‑5.
 (2) The higher education provider must:
 (a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to the person's *student contribution amount for the unit; and
 (b) pay to the Commonwealth an amount equal to any *HECS‑HELP assistance to which the person was entitled for the unit.
 (3) Subsection (2) does not apply to the provider if:
 (a) the person enrolled in the unit as a *replacement unit; or
 (b) it is determined that section 36‑24A applies to the person in relation to the unit.
 (4) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:
 (a) the amount (if any) that is to be paid to the person; and
 (b) the amount (if any) that is to