Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc

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PART 2-2 - COMMONWEALTH GRANT SCHEME

Division 36 - What are the conditions of receiving a grant?

Subdivision 36-B - Conditions relating to Commonwealth supported students

SECTION 36-15 Persons not to be advised they are Commonwealth supported

36-15(1A)

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A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

(a) the unit contributes to the requirements of a *course of study; and

(b) the course of study is, or is to be, undertaken by the person primarily at an overseas campus.

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History

S 36-15(1A) inserted by No 178 of 2011, s 3 and Sch 4 item 1, applicable in relation to units of study whose census dates are on or after 1 January 2012. No 178 of 2011, s 3 and Sch 4 item 9 contains the following transitional provisions:

9 Transitional provisions
Advice as to whether person is Commonwealth supported student

(1)
The amendment made by item 1 of this Schedule does not apply in relation to a unit of study (the proposed unit of study ) that is, or is to be, undertaken by a person if:

(a) the proposed unit of study contributes to the requirements of a course of study (the current course of study ); and

(b) the person started the current course of study before the commencement of this Schedule; and

(c) before that commencement, the person was a Commonwealth supported student in relation to another unit of study that contributed to the requirements of the current course of study; and

(d) the person would not have been a Commonwealth supported student in relation to that other unit of study if the amendment made by item 1 of this Schedule had applied in relation to that other unit of study and the person; and

(e) the census date for the proposed unit of study is on or after the commencement of this Schedule.

HECS-HELP assistance

(2)
The amendments made by items 1, 2 and 3 of this Schedule do not apply in relation to a unit of study (the proposed unit of study ) in which a student is enrolled with a higher education provider as part of a course of study (the current course of study ) if:

(a) the student started the current course of study before the commencement of this Schedule; and

(b) before that commencement, the student was a Commonwealth supported student in relation to another unit of study that forms part of the current course of study; and

(c) the student would not have been a Commonwealth supported student in relation to that other unit of study if the amendments made by items 1, 2 and 3 of this Schedule had applied in relation to that other unit of study and the student; and

(d) the census date for the proposed unit of study is on or after the commencement of this Schedule.

FEE-HELP assistance

(3)
The amendments made by items 4 and 5 of this Schedule do not apply in relation to a unit of study (the proposed unit of study ) that is, or is to be, undertaken by a student as part of a course of study (the current course of study ) if:

(a) the student started the current course of study before the commencement of this Schedule; and

(b) before that commencement, the student received an amount of FEE-HELP assistance for another unit of study that forms part of the current course of study; and

(c) the student would not have received an amount of FEE-HELP assistance for that other unit of study if the amendments made by items 4 and 5 of this Schedule had applied in relation to the unit of study and the student; and

(d) the census date for the proposed unit of study is on or after the commencement of this Schedule.

VET FEE-HELP assistance

(4)
The amendments made by items 6 and 7 of this Schedule do not apply in relation to a VET unit of study (the proposed VET unit of study ) that is, or is to be, undertaken by a student as part of a VET course of study (the current VET course of study ) if:

(a) the student started the current VET course of study before the commencement of this Schedule; and

(b) before that commencement, the student received an amount of VET FEE-HELP assistance for another VET unit of study that forms part of the current VET course of study; and

(c) the student would not have received an amount of VET FEE-HELP assistance for that other VET unit of study if the amendments made by items 6 and 7 of this Schedule had applied in relation to the VET unit of study and the student; and

the census date for the proposed VET unit of study is on or after the commencement of this Schedule.

36-15(1)
A higher education provider must not advise a person enrolled in a unit of study with the provider that the person is a *Commonwealth supported student in relation to the unit if:

(a) the enrolment is in an *employer reserved place; or

(b) the unit forms part of a *bridging course for overseas-trained professionals; or

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(c) the unit forms part of a course to which a determination under subsection (2) applies.

36-15(2)

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The Minister may, by legislative instrument, determine that:

(a) a specified *course of study is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students; or

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(b) a *course of study of a specified type is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students.

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36-15(3)
In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course, or a course of that type.

36-15(4)
A determination of the Minister under subsection (2) must not be made later than 6 months before the day that students are able next to commence the specified course, or a course of that type, with the provider.

36-15(5)

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A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

(a) the provider has completed any part of a *request for Commonwealth assistance that the person is required to complete; and

(b) the request relates to the person enrolling in the unit of study or, where the unit forms part of a *course of study undertaken with the provider, the course of study.

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