Higher Education Support Act 2003

S 104-1A repealed by No 89 of 2023, s 3 and Sch 1 item 12, effective 1 January 2024. S 104-1A formerly read:

SECTION 104-1A Failure by a student to complete previous units with provider  
104-1A(1)
A student is not entitled to *FEE-HELP assistance for a unit of study provided, or to be provided, by a higher education provider if:
(a) in a case where the unit of study is part of a course leading to the award of a bachelor degree or higher qualification:

(i) the student has already undertaken 8 or more other units of study at that provider as part of that course of study; and

(ii) the student did not successfully complete at least 50% of those other units; or

(b) in any other case:

(i) the student has already undertaken 4 or more other units of study at that provider as part of a course of study; and

(ii) the student did not successfully complete at least 50% of those other units.

104-1A(2)
This section does not apply if:
(a) the student applies in writing to the provider for an exemption from subsection (1); and
(b) the higher education provider is satisfied that special circumstances apply to the student (see section 104-30).

S 104-1A inserted by No 83 of 2017, s 3 and Sch 3 item 26, applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2018; and

(c) the unit of study has a census date that occurs on or after 1 January 2018; and

(d) the unit is provided by a higher education provider approved under section 16-25 , whether approved before or after 17 August 2017.

No 93 of 2020, s 3 and Sch 4 item 2 provides that this amendment is applicable in relation to a unit of study if:

(a) the unit of study is undertaken as part of a course of study; and

(b) the student enrolled in the course of study on or after 1 January 2022; and

(c) the unit of study has a census date that occurs on or after that day; and

(d) the unit is provided by a higher education provider taken to be approved under section 16-5 , whether taken to be approved before, on or after that day.