Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  


Division 36 - What are the conditions of receiving a grant?  

Subdivision 36-B - Conditions relating to Commonwealth supported students  

SECTION 36-24BC   Providers to repay amounts - person not entitled to assistance  

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 .


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 .

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


pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under section 96-1 .

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.

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.

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