45CRequest for Commonwealth assistance requirements

45C  Request for Commonwealth assistance requirements  (1) The request for Commonwealth assistance requirements for *VET FEE‑HELP assistance for a *VET unit of study are that:  (a) the student completes, signs and gives an *appropriate officer of the *VET provider a *request for Commonwealth assistance that:  (i) if the *VET course of study of which the unit forms a part is undertaken with the provider—relates to the course, and is so given at least 2 business days after the student enrols in the course; or  (ii) otherwise—relates to the unit, and is so given at least 2 business days after the student enrols in the unit; and  (b) the request is so given on or before the *census date for the unit; and  (ba) if the student enrols in the course after the day the Higher Education Support Amendment (VET FEE‑HELP Reform) Act 2015 receives the Royal Assent—the student being entitled to the VET FEE‑HELP assistance for the unit:  (i) would not cause the VET provider’s *VET FEE‑HELP account to be in deficit at the end of that census date (see subclause 45D(7)); and  (ii) would not cause or contribute to that account being in deficit at the end of 2016 or a later calendar year; and  (c) the request is not withdrawn before the end of that census date. If VET provider incorrectly treats student as being entitled  (2) However, for the purposes of this Act (other than clause 39DH), if:  (a) either or both of the following things happen:  (i) the student fails to comply with paragraph (1)(a) of this clause by not giving the request at least 2 business days after the enrolment referred to in that paragraph;  (ii) paragraph (1)(ba) of this clause is not complied with; and  (b) the *VET provider treats the student as being entitled to *VET FEE‑HELP assistance for the unit; those paragraphs of this clause are taken to have been complied with. Note 1: The VET provider should not treat the student as being entitled to VET FEE‑HELP assistance: (a) if the student requests the assistance during the 2 business day cooling‑off period after the enrolment; or (b) if being entitled would cause or contribute to the provider’s VET FEE‑HELP account being in deficit. Note 2: However, if the provider does treat the student as being entitled, the provider will contravene subclause 39DH(1) (a civil penalty provision), and the student may still be able to receive the assistance.