Higher Education Support Act 2003
A person incurs a debt to the Commonwealth if, under section 96-1 , the Commonwealth:
(a) makes a loan to the person; and
(b) uses the amount lent to make a payment in discharge of the person ' s liability to pay his or her *student contribution amount for a unit of study.
The debt is a HECS-HELP debt.
The amount of the *HECS-HELP debt is the amount of the loan. When HECS-HELP debts are incurred 137-5(3)
A *HECS-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person ' s *student contribution amount for the unit. Remission of HECS-HELP debts 137-5(4)
A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if section 36-20 , 36-24A or 36-24B applies to the person (even if subsection 36-20(3) applies to the provider in relation to the person).
[ CCH Note: S 137-5(5) will be inserted by No 76 of 2018, s 3 and Sch 3 item 55, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading. S 137-5(5) will read:
A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *HELP balance is re-credited under section 97-25 , 97-27 or 97-42 in relation to the unit.
The debt is taken to be remitted even if the person ' s HELP balance is not increased by an amount equal to the amount re-credited.
(Repealed by No 104 of 2011)