Higher Education Support Act 2003
A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is: (a) an Australian citizen; or (b) a *permanent humanitarian visa holder, or an *eligible former permanent humanitarian visa holder, who will be resident in Australia for the duration of the unit.
[ CCH Note: S 90-5(1) will be substituted by No 100 of 2023, s 3 and Sch 1 item 2, effective the later of: (a) the start of 1 February 2024; and (b) the commencement of the Migration Amendment (Australia ' s Engagement in the Pacific and Other Measures) Act 2023 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. S 90-5(1) will read:
90-5(1)
A student meets the citizenship or residency requirements under this section in relation to a unit of study if:
(a) the student is an Australian citizen; or
(b) the student:
(i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and
(ii) will be resident in Australia for the duration of the unit.
No 100 of 2023, s 3 and Sch 1 item 21(2)
-
(5) contain the following application provisions:
before, on or after that commencement. before, on or after that commencement. before, on or after that commencement. before, on or after that commencement.
21 Application of amendments
]
…
(2)
The amendments of sections
90-5
and
104-5
of the
Higher Education Support Act 2003
made by this Schedule apply in relation to a unit of study with a census date that is on or after the commencement of those amendments, whether the student:
(a)
becomes a Pacific engagement visa holder; or
(b)
enrols in the course of study;
(3)
The amendment of section
118-5
of the
Higher Education Support Act 2003
made by this Schedule applies in relation to an application for receipt of OS-HELP assistance made on or after the commencement of that amendment, whether the student:
(a)
becomes a Pacific engagement visa holder; or
(b)
enrols in the course of study;
(4)
The amendment of section
126-5
of the
Higher Education Support Act 2003
made by this Schedule applies in relation to fees payable for periods that start on or after the commencement of that amendment, whether the student:
(a)
becomes a Pacific engagement visa holder; or
(b)
enrols in the course of study or bridging course for overseas-trained professionals;
(5)
The amendments of section
128B-30
of the
Higher Education Support Act 2003
made by this Schedule apply in relation to an accelerator program course with a census date that is on or after the commencement of those amendments, whether the student:
(a)
becomes a Pacific engagement visa holder; or
(b)
enrols in the accelerator program course;
…
View history note
Hide history note90-5(2)
In determining, for the purpose of paragraph (1)(b) , whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that: (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or (b) is required for the purpose of completing a requirement of that unit.
[ CCH Note: S 90-5(2) will be amended by No 100 of 2023, s 3 and Sch 1 item 3, by substituting " subparagraph (1)(b)(ii) " for " paragraph (1)(b) " , effective the later of: (a) the start of 1 February 2024; and (b) the commencement of the Migration Amendment (Australia ' s Engagement in the Pacific and Other Measures) Act 2023 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. For application provisions, see note under s 90-5(1) .]
90-5(2A)
A student also meets the citizenship or residency requirements under this section in relation to a unit of study if the student: (a) is a New Zealand citizen who will be resident in Australia for the duration of the unit; and (b) either:
(i) holds a special category visa under the Migration Act 1958 ; or
(c) both:
(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (2B) (the test day ); 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.
(ii) was a *dependent child when he or she first began to be usually resident in Australia; and
90-5(2AA)
In determining, for the purpose of paragraph (2A)(a) , whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that: (a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of that unit; or (b) is required for the purpose of completing a requirement of that unit.
90-5(2B)
For the purposes of subsection (2A) , the day is the earlier of: (a) if the student has previously made a successful *request for Commonwealth assistance under this Chapter for a unit that formed part of the same *course of study - 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 unit.
90-5(3)
Despite subsections (1) , (2) and (2A) , a student does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the student will not undertake in Australia any units of study contributing to the *course of study of which the unit forms a part.
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