Higher Education Support Act 2003
A higher education provider must, on the *Secretary ' s behalf, re-credit a person ' s *SLE amount at a particular time with an amount equal to the *EFTSL value of a unit of study if: (a) the person has been enrolled in the unit with the provider; and (b) the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and (c) the unit is not:
(i) an *ineligible work experience unit for the person; or
(d) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and (e) one or more *up-front payments have been made in relation to the unit and the amount of that payment, or the sum of those payments, is equal to 90% of the person ' s *student contribution amount for the unit; and (f) the provider is satisfied that special circumstances apply to the person (see section 79-5 ); and (g) the person applies, in writing, to the provider for the re-crediting of the person ' s SLE amount; and (h) either:
(ii) a *replacement unit; and
(i) the application is made before the end of the application period for the application under section 79-10 ; or
(ii) the provider waives the requirement that the application be made before the end of that period on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
If a higher education provider re-credits a person ' s *SLE amount at a particular time under subsection (1) , the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary ' s behalf, re-credit any one or more of the following amounts to take account of the re-credit under that subsection: (a) an amount of *ordinary SLE (if any) that the person has at that time; (b) an amount of *additional SLE (if any) that the person has at that time; (c) an amount of *lifelong SLE (if any) that the person has at that time.
A refusal to re-credit one or more of those amounts is reviewable under Part 5-7 .79-1(3)
If a higher education provider is unable to act for any one or more of the purposes of subsection (1) or (2) , or section 79-5 , 79-10 or 79-15 , the *Secretary may act as if any one or more of the references in those provisions to the provider were a reference to the Secretary.
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