Higher Education Support Act 2003
Note:
See section 6-1 .
Sch 1A inserted by No 170 of 2007, s 3 and Sch 1 item 17, effective 1 January 2008.
Subject to this clause, a student is entitled to *VET FEE-HELP assistance for a *VET unit of study if:
(a) the student meets the citizenship or residency requirements under clause 44 ; and
(b) the student ' s *HELP balance is greater than zero; and
(c) the *census date for the unit is on or after 1 January 2008; and
(d) the unit meets the course requirements under clause 45 ; and
(e) the unit is, or is to be, undertaken as part of a *VET course of study; and
(ea) the student meets the entry procedure requirements under clause 45B ; and
[ CCH Note: No 168 of 2015, s 3 and Sch 1 item 24(4) provides that para (ea) is applicable in relation to VET courses of study enrolled in on or after 1 January 2016.]
(f) the student:
(i) enrols in the unit at least 2 business days before the census date for the unit; and[ CCH Note: No 168 of 2015, s 3 and Sch 1 item 24(5) provides that para (f)(i) is applicable in relation to VET units of study enrolled in on or after 1 January 2016.]
(ii) at the end of the census date, remained so enrolled; and
(fa) in a case where the student is not already entitled to VET FEE-HELP assistance for another VET unit of study forming part of the course - the body with whom the student is enrolled is approved as a *VET provider:
(i) for the day of the enrolment; or
(ii) if that day falls within a period when the body ' s approval as a VET provider is suspended under subclause 36(5) - for a later day because that suspension has ended; and
(fb) if the VET provider was approved as a VET provider after 2015, the course is:
(i) one of the *qualifying VET courses that enabled paragraph 6(1)(ca) or (1A)(da) to be satisfied for the purposes of that approval; or
(ii) a qualifying VET course that superseded such a course directly or indirectly without interruption; and
(g) the student *meets the tax file number requirements (see clause 80 ); and
(h) the student meets the request for Commonwealth assistance requirements under clause 45C ; and
[ CCH Note: No 168 of 2015, s 3 and Sch 1 item 24(6) provides that para (h) is applicable in relation to requests for Commonwealth assistance given on or after 1 January 2016.]
(i) the student meets any other requirements set out in the *VET Guidelines.
Note 1:
For the purposes of paragraph (e), clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.
Note 2:
For the purposes of paragraph (fa), a body ' s approval as a VET provider ceases while the approval is suspended (see clause 29 ). If this approval is suspended when the student first enrols in units forming part of the course, the student can only become entitled to VET FEE-HELP assistance when that suspension ends.
Pt 2 cl 43(1) amended by No 76 of 2018, s 3 and Sch 3 item 72, by substituting " *HELP balance " for " *FEE-HELP balance " in para (b), effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.
Pt 2 cl 43(1) amended by No 168 of 2015, s 3 and Sch 1 items 9 - 11A, by inserting para (ea), substituting para (f)(i), inserting para (fa) and (fb), and substituting para (h) and the note, effective 31 December 2015. Para (f)(i), (h) and the note formerly read:
(f)(i) enrolled in the unit on or before the census date for the unit; and
(h) the student has, on or before the census date, completed, signed and given to an *appropriate officer of the *VET provider a *request for Commonwealth assistance in relation to the unit or, where the VET course of study of which the unit forms a part is, or is to be, undertaken with the provider, in relation to the VET course of study; andNote:
Clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.
Pt 2 cl 43(1) amended by No 160 of 2012, s 3 and Sch 3 item 25, by omitting " FEE-HELP " before " Guidelines " in para (i), applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause 6 of Schedule 1A to the Higher Education Support Act 2003 - in relation to applications for approval made on or after 1 January 2013; and (b) in any other case - in relation to a VET provider approved before, on or after 1 January 2013.
Pt 2 cl 43(1) renumbered from cl 43 and amended by No 178 of 2011, s 3 and Sch 4 item 6, by substituting " (1) Subject to this clause, a student " for " A student " , applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 36-15(1A) .
Pt 2 cl 43 amended by No 39 of 2009, 2 3 and Sch 1 item 7, by inserting the note at the end, effective 24 June 2009.
Pt 2 cl 43 amended by No 11 of 2008, s 3 and Sch 1 item 7, by inserting para (i) at the end, effective 20 March 2008.
43(2)
A student is not entitled to *VET FEE-HELP assistance for a *VET unit of study if:
(a) the unit forms a part of a *VET course of study; and
(b) the VET course of study is, or is to be, undertaken by the student primarily at an overseas campus.
Pt 2 cl 43(2) inserted by No 178 of 2011, s 3 and Sch 4 item 7, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s 36-15(1A) .
43(3)
A student is not entitled to *VET FEE-HELP assistance for a *VET unit of study if:
(a) the *census date for the unit is on or after 1 January 2017; or
(b) if the student is covered by subclause (4) - the census date for the unit is on or after:
(i) unless subparagraph (ii) applies - 1 January 2018; or
(ii) if the Minister is satisfied that exceptional circumstances justify continued entitlement to VET FEE-HELP assistance for the student - a day determined in writing by the Minister.
Pt 2 cl 43(3) inserted by No 100 of 2016, s 3 and Sch 1 item 20, effective 1 January 2017. For transitional provision, see note under s 137-19 .
43(4)
A student is covered by this subclause if:
(a) immediately before 1 January 2017, the student was enrolled in the *VET course of study of which the *VET unit of study forms a part; and
(b) the unit is provided:
(i) by the *VET provider with whom the student was enrolled immediately before 1 January 2017; or
(ii) in compliance with the *VET tuition assurance requirements as they apply in relation to the provider; and
(c) before 1 January 2017, the student received *VET FEE-HELP assistance for another unit that formed a part of the course; and
(d) the Secretary is satisfied that, at all times from the commencement of this paragraph, the student has been a genuine student (within the meaning of the VET Student Loans Act 2016 ).
Pt 2 cl 43(4) inserted by No 100 of 2016, s 3 and Sch 1 item 20, effective 1 January 2017. For transitional provision, see note under s 137-19 .
43(5)
A student is not entitled to *VET FEE-HELP assistance for a *VET unit of study if a *VET student loan has been approved for the student for the *VET course of study of which the unit forms a part.
Pt 2 cl 43(5) inserted by No 100 of 2016, s 3 and Sch 1 item 20, effective 1 January 2017. For transitional provision, see note under s 137-19 .
43(6)
The *VET Guidelines may specify matters to which the Minister must or may have regard in deciding for the purposes of subparagraph (3)(b)(ii) whether exceptional circumstances justify continued entitlement to *VET FEE-HELP assistance for the student.
Pt 2 cl 43(6) inserted by No 100 of 2016, s 3 and Sch 1 item 20, effective 1 January 2017. For transitional provision, see note under s 137-19 .
43(7)
A determination under subparagraph (3)(b)(ii) is not a legislative instrument.
Pt 2 cl 43(7) inserted by No 100 of 2016, s 3 and Sch 1 item 20, effective 1 January 2017. For transitional provision, see note under s 137-19 .
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