Student Assistance Act 1973

Part 1 - Preliminary  

SECTION 5D   MINISTER MAY DETERMINE SECONDARY AND TERTIARY COURSES ETC.  

5D(1)    
The Minister may, for the purposes of this Act, determine in writing that:

(a)    a course of study or instruction is a secondary course, or a tertiary course; or

(b)    a part of a course of study or instruction is a part of a secondary course, or a part of a tertiary course.

5D(1A)    

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To avoid doubt, a course of study or instruction includes an accelerator program course (within the meaning of the Higher Education Support Act 2003 ).

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History

S 5D(1A) inserted by No 38 of 2023, s 3 and Sch 1 item 94, applicable in relation to working out if a person is qualified for any allowance, payment, supplement or loan in respect of days occurring on or after 29 June 2023 (whether or not the person first qualified for that allowance, payment, supplement or loan before 29 June 2023).

5D(2)    
For the purposes of this section, a determination that:

(a)    was made under paragraph 7(1)(c) as in force before the day on which this section commences; and

(b)    was in force immediately before that day;

is taken to be a determination under subsection (1) of this section and may be amended or repealed accordingly.

5D(2A)    

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A determination under subsection (1) may make provision for and in relation to a specified course, that ceases to be a secondary course or a tertiary course, continuing to be a secondary course or a tertiary course in relation to specified persons in specified circumstances.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .

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History

S 5D(2A) inserted by No 111 of 2018, s 3 and Sch 2 item 1, effective 19 October 2018.

5D(3)    

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A determination under subsection (1) is a legislative instrument.

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History

S 5D(3) amended by No 103 of 2013, s 3 and Sch 3 item 191, by substituting " legislative instrument " for " disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 " , effective 29 June 2013.

S 5D inserted by No 45 of 1998.

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