Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 * HECS - HELP assistance that the person received for a unit of study if the provider or the Secretary is satisfied that the person was not entitled to receive HECS - HELP assistance for the unit of study with the provider.
Note 1: For example, a person is not entitled to HECS - HELP assistance for a unit of study if the person is not a Commonwealth supported student in relation to the unit: see section 90 - 1.
Note 2: Subdivision 36 - B sets out circumstances in which a higher education provider must not advise a person that the person is a Commonwealth supported student in relation to a unit of study.
Note 3: A HECS - HELP debt relating to a unit of study is taken to be remitted if the HELP balance in relation to the unit is re - credited under this section: see subsection 137 - 5(5).
(2) The * Secretary may re - credit the person's * HELP balance under subsection (1) if the provider is unable to do so.