Higher Education Support Act 2003
A person is a Commonwealth supported student , in relation to a unit of study, if: (a) the higher education provider with which he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:
(i) in relation to the unit; or
(ii) if the person is undertaking a *course of study with the provider of which the unit forms a part - in relation to that course of study; and
However, the person is not a Commonwealth supported student in relation to the unit if he or she 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. 36-5(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. 36-5(5)
In addition, the person is not a *Commonwealth supported student in relation to the unit of study if the *Secretary determines that the person is not a genuine student in relation to the unit.
In determining whether a person is a genuine student for the purposes of subsection (5), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.
If a determination under subsection (5) is made in writing, the determination is not a legislative instrument.
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