VET Student Loans Act 2016

PART 2 - LOANS TO STUDENTS  

Division 2 - Eligible students  

SECTION 11   CITIZENSHIP AND RESIDENCY  

11(1)    
The student must be:

(a)    an Australian citizen; or

(b)    

the holder of a permanent humanitarian visa, or a Pacific engagement visa, who is usually resident in Australia; or

(c)    a qualifying New Zealand citizen.

11(1A)    

Permanent humanitarian visa has the same meaning in this Act as in the Migration Regulations 1994 .

11(1B)    

A Pacific engagement visa is:

(a)    a visa referred to in the Migration Regulations 1994 as a Subclass 192 (Pacific Engagement) visa; or

(b)    a visa of a kind determined under subsection (1C) .

11(1C)    

The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (1B)(b) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:

(a)    the kind of visa has replaced or will replace:

(i) the kind of visa mentioned in paragraph (1B)(a) ; or

(ii) a kind of visa previously determined under this subsection; and

(b)    the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.

11(2)    
A qualifying New Zealand citizen is a New Zealand citizen who:

(a)    holds a special category visa; and

(b)    has been usually resident in Australia for at least 10 years; and

(c)    was a dependent child when he or she was first usually resident in Australia; and

(d)    has been in Australia for periods totalling 8 years during the previous 10 years; and

(e)    has been in Australia for periods totalling 18 months during the previous 2 years.