Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

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 36-5   Meaning of Commonwealth supported student  

36-5(1)    

A person is a Commonwealth supported student , in relation to a unit of study, if:

(a)    the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:

(i) in relation to the unit; or

(ii) if the person is undertaking a *course of study with the provider of which the unit forms a part - in relation to that course of study; and

(b)    

at the end of the *census date for the unit, the higher education provider would not have been prohibited under this Subdivision from so advising the person.

36-5(3)    
However, the person is not a Commonwealth supported student in relation to the unit if he or she notifies an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit.

36-5(4)    
A notice under subsection (3):

(a)    must be in writing; and

(b)    must be given on or before the *census date for the unit.

36-5(5)    

In addition, the person is not a *Commonwealth supported student in relation to the unit of study if the *Secretary determines that the person is not a genuine student in relation to the unit.

36-5(6)    

In determining whether a person is a genuine student for the purposes of subsection (5), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.

36-5(7)    

If a determination under subsection (5) is made in writing, the determination is not a legislative instrument.