Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-5 - SA-HELP ASSISTANCE  

Division 126 - Who is entitled to SA-HELP assistance?  

SECTION 126-5   Citizenship or residency requirements  

126-5(1)  
A 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) a *permanent humanitarian visa holder 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) holds a special category visa under the Migration Act 1958 on the day the fee is payable; and


(c) both:


(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

(ii) was a *dependent child when he or she first began to be usually resident in Australia; 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.

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

(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


(b) otherwise - the day the student made the request for Commonwealth assistance in relation to the fee.

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 the student will not undertake in Australia any *units of study with the provider.



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