(1) If:
(a) an education entry payment is made to a person; and
(b) the person does not pay the enrolment fees for the course in relation to which the education entry payment was made in the calendar year in respect of which the education entry payment was made;
the amount of the education entry payment so made is a debt due to the Commonwealth.
(2) Subsection (1) does not apply to a person who is not required to pay the enrolment fees mentioned in paragraph (1)(b).