Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 126.5

  (1)   A student meets the citizenship or residency requirements under this section in relation to a * student services and amenities fee imposed on the student by a higher education provider if the student is, on the day the fee is payable:

  (a)   an Australian citizen; or

  (b)   both:

  (i)   a * permanent humanitarian visa holder, an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder; and

  (ii)   resident in Australia.

  (1A)   A student also meets the citizenship or residency requirements under this section in relation to a * student services and amenities fee imposed on the student by a higher education provider if the student:

  (a)   is a New Zealand citizen on the day the fee is payable; and

  (b)   on the day the fee is payable, 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   (1B) (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.

  (1B)   For the purposes of subsection   (1A), the day is the earlier of:

  (a)   if the student:

  (i)   is enrolled with the provider in a * course of study; and

  (ii)   has previously made a successful * request for Commonwealth assistance under this Chapter in relation to the course--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 fee.

  (2)   Despite subsections   (1) and (1A), a student does not meet the citizenship or residency requirements in relation to a * student services and amenities fee imposed on the student by a higher education provider if the provider reasonably expects that:

  (a)   for a student enrolled in one course for the purposes of paragraph   126 - 1(1)(b)--the student will not undertake in Australia any * units of study with the provider, or any or the * accelerator program course (as applicable); or

  (b)   for a student enrolled in more than one course for the purposes of paragraph   126 - 1(1)(b)--the student will not undertake in Australia:

  (i)   any units of study with the provider; and

  (ii)   if one of the courses is an accelerator program course--any of the accelerator program course.