Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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; or
(c) in the case of a student who is undertaking, or is to undertake, the unit as part of a * bridging course for overseas - trained professionals--the student is a * permanent visa holder who will be resident in Australia for the duration of the unit.
(2) In determining, for the purpose of subparagraph (1)(b)(ii) or paragraph (1)(c), 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 the unit; or
(b) is required for the purpose of completing a requirement of that unit.
(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
(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
(c) both:
(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
(ii) was a * dependent child when he or she first began to be usually resident in Australia; 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.
(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.
(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.
(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, or the * bridging course for overseas - trained professionals, of which the unit forms a part.
(4) Despite subsections (1), (2) and (2A), a student does not meet the citizenship or residency requirements in relation to a unit of study to which access was provided by * Open Universities Australia if the student was not resident in Australia on the day the student gave the * request for Commonwealth assistance in relation to the unit as referred to in subparagraph 104 - 1(1)(i)(i).