Commonwealth Consolidated Acts

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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 104.43

Re - crediting a person's HELP balance in relation to FEE - HELP assistance if not a genuine student

  (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

  (b)   the Secretary has determined under subsection   104 - 1(1AA) that the student is not a genuine student in relation to the unit.

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 subsection   137 - 10(4).

  (2)   The * Secretary may re - credit the person's * HELP balance under subsection   (1) if the provider is unable to do so.


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