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

Schedule 1   New Zealand citizens

Higher Education Support Act 2003

7   After subsection 126-5(1)

Insert:

(1A) A student also meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student:

(a) is a New Zealand citizen on the day the fee is payable; and

(b) holds a special category visa under the Migration Act 1958 on the day the fee is payable; and

(c) both:

(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (1B) (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.

(1B) For the purposes of subsection (1A), the day is the earlier of:

(a) if the student:

(i) is enrolled with the provider in a *course of study; and

(ii) has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the 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 fee.