Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING AMENDMENT ACT (No. 2) 1990 No. 122 of 1990 - SECT 17

17. (1) Section 63 of the Principal Act is amended by omitting subsection (1)
and substituting the following subsections:

"(1) Subject to subsection (1A), where a student has incurred an HEC semester
debt, the Secretary may, on written application made by the student within 3
months after the debt was incurred, if the Secretary is satisfied:

   (a)  that the student, because of special circumstances, did not complete
        his or her course requirements during the semester or during the year
        in which the semester occurred; and

   (b)  that those circumstances justify the Secretary so doing; by writing
        signed by the Secretary remit the whole, or such part as the Secretary
        thinks fit, of the debt.

"(1A) An application may be made under subsection (1) within 15 months after
the debt was incurred, or, in the case of a debt incurred earlier than 12
months before the commencement of this subsection, within 3 months after that
commencement, if:

   (a)  the student was unable, because of circumstances beyond his or her
        control, to make an application within the period of 3 months referred
        to in that subsection; or

   (b)  the special circumstances referred to in subsection (1) only became
        known after the end of that period of 3 months.".

(2) Section 63 of the Principal Act as in force immediately before the
commencement of this section continues to apply in relation to applications
duly made under that section before the commencement of this Act.