Chapter 2
-
Grants for higher education assistance etc
History
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part
2-4
of the
Higher Education Support Act 2003
in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2
-
Grants for higher education assistance
PART 2-2
-
COMMONWEALTH
GRANT SCHEME
Division 36
-
What are the conditions of receiving a grant?
Subdivision 36-B
-
Conditions relating to Commonwealth supported students
SECTION 36-15
Persons not to be advised they are Commonwealth supported
36-15(1A)
A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:
(a)
the unit contributes to the requirements of a *course of study; and
(b)
the course of study is, or is to be, undertaken by the person primarily at an overseas campus.
History
S 36-15(1A) inserted by No 178 of 2011, s 3 and Sch 4 item 1, applicable in relation to units of study whose census dates are on or after 1 January 2012. No 178 of 2011, s 3 and Sch 4 item 9 contains the following transitional provisions:
9 Transitional provisions
Advice as to whether person is Commonwealth supported student
(1)
The amendment made by item 1 of this Schedule does not apply in relation to a unit of study (the
proposed unit of study
) that is, or is to be, undertaken by a person if:
(a)
the proposed unit of study contributes to the requirements of a course of study (the
current course of study
); and
(b)
the person started the current course of study before the commencement of this Schedule; and
(c)
before that commencement, the person was a Commonwealth supported student in relation to another unit of study that contributed to the requirements of the current course of study; and
(d)
the person would not have been a Commonwealth supported student in relation to that other unit of study if the amendment made by item 1 of this Schedule had applied in relation to that other unit of study and the person; and
(e)
the census date for the proposed unit of study is on or after the commencement of this Schedule.
HECS-HELP assistance
(2)
The amendments made by items 1, 2 and 3 of this Schedule do not apply in relation to a unit of study (the
proposed unit of study
) in which a student is enrolled with a higher education provider as part of a course of study (the
current course of study
) if:
(a)
the student started the current course of study before the commencement of this Schedule; and
(b)
before that commencement, the student was a Commonwealth supported student in relation to another unit of study that forms part of the current course of study; and
(c)
the student would not have been a Commonwealth supported student in relation to that other unit of study if the amendments made by items 1, 2 and 3 of this Schedule had applied in relation to that other unit of study and the student; and
(d)
the census date for the proposed unit of study is on or after the commencement of this Schedule.
FEE-HELP assistance
(3)
The amendments made by items 4 and 5 of this Schedule do not apply in relation to a unit of study (the
proposed unit of study
) that is, or is to be, undertaken by a student as part of a course of study (the
current course of study
) if:
(a)
the student started the current course of study before the commencement of this Schedule; and
(b)
before that commencement, the student received an amount of FEE-HELP assistance for another unit of study that forms part of the current course of study; and
(c)
the student would not have received an amount of FEE-HELP assistance for that other unit of study if the amendments made by items 4 and 5 of this Schedule had applied in relation to the unit of study and the student; and
(d)
the census date for the proposed unit of study is on or after the commencement of this Schedule.
VET FEE-HELP assistance
(4)
The amendments made by items 6 and 7 of this Schedule do not apply in relation to a VET unit of study (the
proposed VET unit of study
) that is, or is to be, undertaken by a student as part of a VET course of study (the
current VET course of study
) if:
(a)
the student started the current VET course of study before the commencement of this Schedule; and
(b)
before that commencement, the student received an amount of VET FEE-HELP assistance for another VET unit of study that forms part of the current VET course of study; and
(c)
the student would not have received an amount of VET FEE-HELP assistance for that other VET unit of study if the amendments made by items 6 and 7 of this Schedule had applied in relation to the VET unit of study and the student; and
the census date for the proposed VET unit of study is on or after the commencement of this Schedule.
36-15(1)
A higher education provider must not advise a person enrolled in a unit of study with the provider that the person is a *Commonwealth supported student in relation to the unit if:
(a)
the enrolment is in an *employer reserved place; or
(b)
the unit forms part of a *bridging course for overseas-trained professionals; or
(c)
the unit forms part of a course to which a determination under subsection (2) applies.
36-15(2)
The Minister may, by legislative instrument, determine that:
(a)
a specified *course of study is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students; or
(b)
a *course of study of a specified type is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students.
36-15(3)
In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course, or a course of that type.
36-15(4)
A determination of the Minister under subsection (2) must not be made later than 6 months before the day that students are able next to commence the specified course, or a course of that type, with the provider.
36-15(5)
A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:
(a)
the provider has completed any part of a *request for Commonwealth assistance that the person is required to complete; and
(b)
the request relates to the person enrolling in the unit of study or, where the unit forms part of a *course of study undertaken with the provider, the course of study.
History
S 36-15(5) inserted by No 93 of 2020, s 3 and Sch 4 item 15, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).