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 36-15   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.

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.




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