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-B - Conditions relating to Commonwealth supported students  

SECTION 36-10   Advice on whether a person is a Commonwealth supported student   When a provider must not advise that a person is Commonwealth supported

36-10(1)  
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless:


(a) the provider has entered into a funding agreement under section 30-25 for the year in which the person is undertaking the unit; and


(b) the unit contributes to the requirements of a *course of study in which the person is enrolled with that provider or another higher education provider; and


(c) the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and


(d) (Repealed by No 104 of 2011)


(i) is *covered by the person's *Student Learning Entitlement; or

(ii) wholly consists of *work experience in industry; or

(iii) is undertaken as part of an *enabling course; and


(e) the person:


(i) enrolled in the unit on or before the *census date for the unit; and

(ii) at the end of the census date, remained so enrolled.

36-10(2)  


A person meets the citizenship or residency requirements for the purposes of paragraph (1)(c) if the person is:


(a) an Australian citizen; or


(b) a citizen of New Zealand who will be resident within Australia for the duration of the unit; or


(c) a *permanent visa holder who will be resident within Australia for the duration of the unit.

36-10(2A)  


In determining, for the purposes of subparagraph (2)(b) or (c), whether a person will be resident within Australia for the duration of the unit of study, disregard any period of residence outside Australia if:


(a) it cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or


(b) it is required for the purpose of completing a requirement of that unit.

36-10(2B)  


Despite subsections (2) and (2A), a person does not meet the citizenship or residency requirements under subsection (2), if the higher education provider reasonably expects that he or she will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part. Persons who do not wish to be Commonwealth supported

36-10(3)  
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if the person has notified an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit.

36-10(4)  
A notice under subsection (3):


(a) must be in writing; and


(b) must be given on or before the *census date for the unit. Additional requirement for non-Table A providers

36-10(5)  
A higher education provider that is not a *Table A provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless:


(a) the unit in which the person is enrolled is within a *national priority; and


(b) the provider has received a grant under this Part for that national priority for the year in which the person is undertaking the unit; and


(c) if the national priority is a *course of study that has been specified in the Commonwealth Grant Scheme Guidelines to be a national priority - the unit is contributing to the requirements of that course. Additional requirement relating to work experience in industry

36-10(6)  
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study that wholly consists of *work experience in industry unless:


(a) the unit forms part of a *course of study; and


(b) the person is enrolled, or has previously been enrolled, in another unit of study in that course:


(i) that does not, or did not, wholly consist of work experience in industry; and

(ii) in relation to which the person is, or was, a Commonwealth supported student.
Units of study at full fee summer or winter schools

36-10(7)  
A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study if:


(a) the person undertakes the unit wholly during a summer school period (the current summer school period ) or a winter school period (the current winter school period ); and


(b) the provider has determined that this subsection applies to the unit.

36-10(8)  


A higher education provider may determine that subsection (7) applies to a unit of study only if each person who could undertake the unit during the current summer school period or current winter school period could undertake, or could have undertaken, the unit during a period other than a summer school period or winter school period as part of a *course of study undertaken by the person with the higher education provider.

36-10(9)  


The higher education provider must make the determination:


(a) before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or


(b) before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.

36-10(10)  


In this section:

summer school period
means a period that starts on or after 1 November in a year and ends after 1 January, but before 1 March, in the following year.

winter school period
means a period that starts on or after 1 June in a year and ends on or before 31 August in that year.




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