Higher Education Support Act 2003
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2 - Grants for higher education assistance
Table A providers
36-30(1)
If: (a) a person is to be enrolled with a *Table A provider in a unit of study; and (aa) the unit to be undertaken with the provider forms part of an *undergraduate course of study; and (b) the provider is not prohibited, under Subdivision 36-B , from advising the person that he or she is a *Commonwealth supported student in relation to the unit;
the provider must enrol the person in the unit as a Commonwealth supported student.
S 36-30(1) amended by No 93 of 2020, s 3 and Sch 4 item 18, by substituting " under Subdivision 36-B " for " under section 36-10 or section 36-15, or both " in para (b), effective 1 January 2021.
S 36-30(1) amended by No 104 of 2011, s 3 and Sch 2 item 10, by omitting " that is *covered by the person ' s *Student Learning Entitlement " after " unit of study " from para (a), applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 .
S 36-30(1) amended by No 43 of 2008, s 3 and Sch 2 item 6, by inserting para (aa), applicable in relation to an enrolment of a person in a unit of study on or after 1 January 2009.
36-30(2)
Subsection (1) does not apply in respect of a person ' s enrolment with a *Table A provider in a unit of study that forms part of an *undergraduate course of study if: (a) the person commences the undergraduate course of study with the provider before 1 January 2009; or (b) both:
(i) the person transfers to the undergraduate course of study with the provider on or after 1 January 2009 from another undergraduate course of study in which the person was enrolled with the provider before 1 January 2009; and
(c) all of the following apply:
(ii) the person had not completed that other undergraduate course of study; or
(i) the person was offered, and accepted, a place (other than a Commonwealth supported place) in the undergraduate course of study with the provider before 1 January 2009;
(ii) the undergraduate course of study was to commence before 1 January 2009;
(d) at the time the person commences the undergraduate course of study with the provider, the person is an *overseas student.
(iii) with the provider ' s approval, the person commences the course of study after that time; or
S 36-30(2) substituted by No 43 of 2008, s 3 and Sch 2 item 7, applicable in relation to an enrolment of a person in a unit of study on or after 1 January 2009. S 36-30(2) formerly read:
36-30(2)
Subsection (1) does not apply, and is taken never to have applied, in relation to that enrolment if:
(a) in respect of the year in which the person is enrolled in the unit, the provider has already filled, or fills, all of the *number of Commonwealth supported places allocated to the provider for the year under section 30-10 ; or
(b) the person notifies an *appropriate officer of the provider that he or she does not wish to be a *Commonwealth supported student in relation to the unit.
Other higher education providers
36-30(3)
If a person is to be enrolled, with a higher education provider that is not a *Table A provider, in a unit of study, the provider must enrol the person in the unit as a *Commonwealth supported student if: (a) completion of the unit is in furtherance of a *national priority; and (b) places have been allocated to the provider under section 30-10 in respect of that national priority for the year in which the person is enrolled in the unit; and (c) the provider is not prohibited, under Subdivision 36-B , from advising the person that the person is a Commonwealth supported student in relation to the unit.
S 36-30(3) amended by No 93 of 2020, s 3 and Sch 4 item 19, by inserting para (c), effective 1 January 2021.
S 36-30(3) amended by No 104 of 2011, s 3 and Sch 2 item 11, by omitting " that is *covered by a person ' s *Student Learning Entitlement " after " a unit of study " , applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 3-10 .
36-30(4)
Subsection (3) does not apply, and is taken never to have applied, in relation to that enrolment if: (a) in respect of the year in which the person is enrolled in the unit, the provider has already filled, or fills, all of the *number of Commonwealth supported places in respect of that *national priority; or (b) the person notifies an *appropriate officer of the provider that he or she does not wish to be a *Commonwealth supported student in relation to the unit.
Notices under paragraph (4)(b)
36-30(5)
A notice under paragraph (4)(b): (a) must be in writing; and (b) must be given on or before the *census date for the unit.
S 36-30(5) amended by No 43 of 2008, s 3 and Sch 2 item 8, by omitting " (2)(b) or " after " under paragraph " , effective 25 June 2008.
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