Higher Education Legislation Amendment (2007 Measures No. 1) Act 2007 (72 of 2007)

Schedule 5   Residency requirements for Commonwealth assistance

Higher Education Support Act 2003

2   Subsection 36-10(2)

Repeal the subsection, substitute:

(2) A person meets the citizenship or residency requirements for the purposes of paragraph (1)(c) if the person is:

(a) an Australian citizen; or

(b) a citizen of New Zealand who will be resident within Australia for the duration of the unit; or

(c) a *permanent visa holder who will be resident within Australia for the duration of the unit.

(2A) In determining, for the purposes of subparagraph (2)(b) or (c), whether a person will be resident within Australia for the duration of the unit of study, disregard any period of residence outside Australia if:

(a) it cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

(b) it is required for the purpose of completing a requirement of that unit.

(2B) Despite subsections (2) and (2A), a person does not meet the citizenship or residency requirements under paragraph (2)(b) or (c), if the higher education provider reasonably expects that he or she will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.