Education Legislation Amendment (Provider Integrity and Other Measures) Act 2017 (83 of 2017)
Schedule 3 Amendment of the Higher Education Support Act 2003
Part 1 Amendments
Higher Education Support Act 2003
29 At the end of Subdivision 104-B of Division 104
Add:
104-43 Re-crediting a person's FEE-HELP balance if not a genuine student
(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:
(a) the person has been enrolled in the unit with the provider; and
(b) the Secretary is satisfied that the person is not a *genuine student.
Note: A FEE-HELP debt relating to a unit of study will be remitted if the FEE-HELP balance in relation to the unit is re-credited: see subsection 137-10(4).
(2) The *Secretary may re-credit the person's *FEE-HELP balance under subsection (1) if the provider is unable to do so.
104-44 Re-crediting a person's FEE-HELP balance if provider completes request for assistance etc.
(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.
Note: A FEE-HELP debt relating to a unit of study will be remitted if the FEE-HELP balance in relation to the unit is re-credited under this section: see subsection 137-10(4).
(2) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the Secretary is satisfied that the student was not entitled to receive FEE-HELP assistance for the unit of study with the higher education provider.
(3) A higher education provider must, on the *Secretary's behalf, re-credit a person's *FEE-HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if the student has not has been assessed by the higher education provider as academically suited to undertake the unit concerned.
(4) The *Secretary may re-credit the person's *FEE-HELP balance under this section if the provider is unable to do so.