Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-7 - STARTUP HELP ASSISTANCE  

Division 128B - Who is entitled to STARTUP HELP assistance?  

SECTION 128B-30   Citizenship or residency requirements  

128B-30(1)    

A student meets the citizenship or residency requirements under this section in relation to an *accelerator program course if:

(a)    the student is an Australian citizen; or

(b)    the student:

(i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and

(ii) will be resident in Australia for the duration of the accelerator program course.

128B-30(2)    

In determining, for the purposes of subparagraph (1)(b)(ii) , whether the student will be resident in Australia for the duration of the *accelerator program course, 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 accelerator program course; or

(b)    is required for the purpose of completing a requirement of the accelerator program course.

128B-30(3)    
A student also meets the citizenship or residency requirements under this section in relation to an *accelerator program course if the student:

(a)    is a New Zealand citizen who will be resident in Australia for the duration of the accelerator program course; and

(b)    

either:

(i) holds a special category visa under the Migration Act 1958 ; or

(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and

(c)    both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (4) (the test day ); and

(ii) was a *dependent child when the student first began to be usually resident in Australia; and

(d)    has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and

(e)    has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.

128B-30(4)    
In determining, for the purpose of paragraph (3)(a) , whether the student will be resident in Australia for the duration of the *accelerator program course, 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 accelerator program course; or

(b)    is required for the purpose of completing a requirement of the accelerator program course.

128B-30(5)    
For the purposes of subsection (3) , the day is the earlier of:

(a)    if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that forms part of a *course of study, or for another *accelerator program course - the day the student first made such a request; or

(b)    otherwise - the day the student made the request for Commonwealth assistance in relation to the accelerator program course.

128B-30(6)    
Despite subsections (1) , (2) and (3) , a student does not meet the citizenship or residency requirements in relation to an *accelerator program course if the higher education provider reasonably expects that the student will not undertake in Australia any of the accelerator program course.