Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-5 - SA-HELP ASSISTANCE  

Division 126 - Who is entitled to SA-HELP assistance?  

SECTION 126-5   Citizenship or residency requirements  

126-5(1)    
A student meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student is, on the day the fee is payable:

(a)    an Australian citizen; or

(b)    

both:

(i) a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and

(ii) resident in Australia.

126-5(1A)    

A student also meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student:

(a)    is a New Zealand citizen on the day the fee is payable; and

(b)    

on the day the fee is payable, either:

(i) holds a special category visa under the Migration Act 1958 ; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held 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 (1B) (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.

126-5(1B)    

For the purposes of subsection (1A) , the day is the earlier of:

(a)    if the student:

(i) is enrolled with the provider in a *course of study; and

(ii) has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the course - 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 fee.

126-5(2)    

Despite subsections (1) and (1A) , a student does not meet the citizenship or residency requirements in relation to a *student services and amenities fee imposed on the student by a higher education provider if the provider reasonably expects that:

(a)    for a student enrolled in one course for the purposes of paragraph 126-1(1)(b) - the student will not undertake in Australia any *units of study with the provider, or any or the *accelerator program course (as applicable); or

(b)    for a student enrolled in more than one course for the purposes of paragraph 126-1(1)(b) - the student will not undertake in Australia:

(i) any units of study with the provider; and

(ii) if one of the courses is an accelerator program course - any of the accelerator program course.