Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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 - 45.
Note: 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 - 45: see section 137 - 5.
(2) 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
(b) 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.
(3) 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.
(4) 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.