71When Secretary may re‑credit HELP balance

#### 71 When Secretary may re‑credit HELP balance (1) The Secretary may re‑credit the student’s HELP balance if the Secretary is satisfied that the course provider, or a person acting on the provider’s behalf, engaged in unacceptable conduct in relation to the student’s application for the VET student loan. (2) Unacceptable conduct, in relation to an application for a VET student loan, has the meaning given by the rules. (3) The Secretary may re‑credit the student’s HELP balance if the Secretary is satisfied of one or more of the following: (a) the student is not an eligible student; (b) the student is not a genuine student; (c) the student does not have a tax file number; (d) the student does not have a student identifier. (4) The Secretary may re‑credit the student’s HELP balance if the Secretary is satisfied that: (a) the provider has failed to comply with this Act; and (b) the failure has adversely affected the student. (5) The amount re‑credited must not exceed the amount of the VET student loan that has been used to pay tuition fees for the student for the course, or the part of the course. (6) This section applies whether or not the student applies for the re‑credit.