Chapter 2 
-
 Grants for higher education assistance etc
           
          
          
          
          
            History
            
            
              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
             
           
          
          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)
           
          
           
          
          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.
          
          
          
            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 
          
 
          
          
          (c)
          the unit forms part of a course to which a determination under subsection (2) applies. 
 
          
          
          
          36-15(2)
           
          
           
          
          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 
          
 
          
          
          (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. 
          
 
          
          
          
          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)
           
          
           
          
          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.
          
          
          
            History
            
            
              S 36-15(5) inserted by No 93 of 2020, s 3 and Sch 4 item 15, applicable in relation to any unit of study with a census date that is on or after 1 January 2021 (whether the unit of study is part of a course of study commenced before, on or after that day).