Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) If section 104 - 42 applies to re - credit a person's * HELP balance with an amount equal to the amounts of * FEE - HELP assistance that the person has received for a unit of study, then this section does not apply in relation to that unit.
(1) 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 * 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
(aa) access to the unit was not provided by * Open Universities Australia; and
(b) 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
(c) the provider is satisfied that special circumstances apply to the person (see section 104 - 30); and
(d) the person applies in writing to the provider for re - crediting of the HELP balance; and
(e) either:
(i) the application is made before the end of the application period under section 104 - 35; 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.
(2) * Open Universities Australia must, on the * Secretary's behalf, re - credit a person's * HELP balance with an amount equal to the amounts of * FEE - HELP assistance that the person has received for a unit of study if:
(a) access to the unit was provided by Open Universities Australia; and
(b) 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
(c) Open Universities Australia is satisfied that special circumstances apply to the person (see section 104 - 30); and
(d) the person applies in writing to Open Universities Australia for re - crediting of the HELP balance; and
(e) either:
(i) the application is made before the end of the application period under section 104 - 35; or
(ii) Open Universities Australia 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.
Note: A FEE - HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re - credited: see section 137 - 10.
(3) If the provider is unable to act for one or more of the purposes of subsection (1), or section 104 - 30, 104 - 35 or 104 - 40, the * Secretary may act as if one or more of the references in those provisions to the provider were a reference to the Secretary.
(4) If * Open Universities Australia is unable to act for one or more of the purposes of subsection (2), or section 104 - 30, 104 - 35 or 104 - 40, the * Secretary may act as if one or more of the references in those provisions to Open Universities Australia were a reference to the Secretary.