Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-2 - COMMONWEALTH GRANT SCHEME  

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

Subdivision 36-C - Conditions relating to enrolment  

SECTION 36-30   Providers to enrol persons as Commonwealth supported students  
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.

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

(ii) the person had not completed that other undergraduate course of study; or

(c)    all of the following apply:

(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;

(iii) with the provider ' s approval, the person commences the course of study after that time; or

(d)    at the time the person commences the undergraduate course of study with the provider, the person is an *overseas student.

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.

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.