Higher Education Support Act 2003
View history note
Hide history noteA student 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 is, on the day the fee is payable: (a) an Australian citizen; or (b) both:
(i) a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and
(ii) resident in Australia.
126-5(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) on the day the fee is payable, either:
(i) holds a special category visa under the Migration Act 1958 ; or
(c) both:
(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
(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
(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.
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
126-5(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
(b) otherwise - the day the student made the request for Commonwealth assistance in relation to the fee.
(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
126-5(2)
Despite subsections (1) and (1A) , a student does not meet the citizenship or residency requirements in relation to a *student services and amenities fee imposed on the student by a higher education provider if the provider reasonably expects that: (a) for a student enrolled in one course for the purposes of paragraph 126-1(1)(b) - the student will not undertake in Australia any *units of study with the provider, or any or the *accelerator program course (as applicable); or (b) for a student enrolled in more than one course for the purposes of paragraph 126-1(1)(b) - the student will not undertake in Australia:
(i) any units of study with the provider; and
(ii) if one of the courses is an accelerator program course - any of the accelerator program course.
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