Higher Education Legislation Amendment (Miscellaneous Measures) Act 2015 (160 of 2015)

Schedule 1   New Zealand citizens

Higher Education Support Act 2003

6   At the end of section 118-5

Add:

; or (c) a student to whom subsection (2) applies.

(2) This subsection applies to a student who:

(a) is a New Zealand citizen; and

(b) holds a special category visa under the Migration Act 1958; and

(c) both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (3) (the test day ); and

(ii) was a *dependent child when he or she first began to be usually resident in Australia; and

(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

(3) For the purposes of subsection (2), the day is the earlier of:

(a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the *course of study the student is enrolled in with the home provider - the day the student first made such a request; or

(b) otherwise - the day the student made the request for Commonwealth assistance in relation to the period.