(1) If a student is entitled to an amount of * FEE - HELP assistance for a unit of study with a higher education provider, and access to the unit was not provided by * Open Universities Australia, the Commonwealth must:
(a) as a benefit to the student, lend to the student the amount of FEE - HELP assistance; and
(b) pay the amount lent to the provider in discharge of the student's liability to pay his or her * tuition fee for the unit.
(2) If a student is entitled to an amount of * FEE - HELP assistance for a unit of study and access to the unit was provided by * Open Universities Australia, the Commonwealth must:
(a) as a benefit to the student, lend to the student the amount of FEE - HELP assistance; and
(b) pay the amount lent to Open Universities Australia in discharge of the student's liability to pay his or her * tuition fee for the unit.