Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 36.20

             (1)  If a person's * Student Learning Entitlement, in relation to a unit of study in which the person was enrolled with a higher education provider as a * Commonwealth supported student, has been re‑credited under Division 79, the 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 his or her * student contribution amount for the unit; and

                     (b)  pay to the Commonwealth an amount equal to any * HECS‑HELP assistance to which the person was entitled for the unit.

             (2)  Subsection (1) does not apply to the provider if:

                     (a)  the person's * Student Learning Entitlement was re‑credited under section 79‑1 (main case of re‑crediting a person's SLE); and

                     (b)  the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the * tuition assurance requirements.

             (3)  The Higher Education Provider Guidelines may, in setting out the tuition assurance requirements, specify, in relation to the re‑crediting of a person's * Student Learning Entitlement in circumstances to which subsection (2) 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.