Higher Education Legislation Amendment (Miscellaneous Measures) Act 2015 (160 of 2015)

Schedule 1   New Zealand citizens

Higher Education Support Act 2003

3   After subsection 104-5(2)

Insert:

(2A) A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student:

(a) is a New Zealand citizen; and

(b) holds 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 (2B) (the test day ); and

(ii) was a *dependent child when he or she 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.

(2B) For the purposes of subsection (2A), 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 formed part of the same *course of study - 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 unit.