Higher Education Support Act 2003
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 the provider or the Secretary is satisfied that the person was not entitled to receive HECS-HELP assistance for the unit of study with the provider.
For example, a person is not entitled to HECS-HELP assistance for a unit of study if the person is not a Commonwealth supported student in relation to the unit: see section 90-1 .
Subdivision 36-B sets out circumstances in which a higher education provider must not advise a person that the person is a Commonwealth supported student in relation to a unit of study.
A HECS-HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re-credited under this section: see subsection 137-5(5) .97-50(2)
The *Secretary may re-credit the person ' s *HELP balance under subsection (1) if the provider is unable to do so.