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

4   Section 104-5

Repeal the section, substitute:

104-5 Citizenship or residency requirements

(1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is:

(a) an Australian citizen; or

(b) a *permanent humanitarian visa holder who will be resident in Australia for the duration of the unit; or

(c) if the student is undertaking, or is to undertake, the unit as part of a *bridging course for overseas-trained professionals - a *permanent visa holder who will be resident in Australia for the duration of the unit.

(2) In determining, for the purpose of paragraph (1)(b) or (c), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:

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

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

(3) Despite subsections (1) and (2), a *permanent humanitarian visa holder or *permanent visa holder does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the visa holder will not undertake in Australia any units of study contributing to the *course of study, or the *bridging course for overseas-trained professionals, of which the unit forms a part.