Commonwealth Consolidated Acts

SCHOOLS ASSISTANCE ACT 2008 - SECT 173

Overseas students not covered

  (1)   Financial assistance under this Act is not to be provided to a State for overseas students.

Definition of overseas student

  (2)   In this Act:

"overseas student" means a person:

  (a)   to whom one or more of the following subparagraphs applies:

  (i)   the person holds a visa in force under the Migration Act 1958 that permits the person to travel to Australia for the purpose of undertaking a course provided by a body;

  (ii)   the person is included in such a visa in force under that Act;

  (iii)   the person is specified by the regulations made for the purposes of subsection   ( 3); and

  (b)   who is not covered by a determination made under subsection   ( 4).

  (3)   The regulations may specify a person for the purposes of subparagraph   ( a)(iii) of the definition of overseas student in subsection   ( 2).

Note:   The regulations may specify a person by reference to a class of persons (see subsection   13(3) of the Legislation Act 2003 ).

  (4)   For the purposes of this Act, the Minister may, by legislative instrument, determine that a person is not an overseas student .

Note:   A determination may specify a person by reference to a class of persons (see subsection   13(3) of the Legislation Act 2003 ).

Transitional regulations and determinations

  (5)   Regulations made for the purposes of paragraph   ( b) of the definition of overseas student in subsection   67(2) of the former Act, and in force on 31   December 2008, are taken to have been made for the purposes of subsection   ( 3) of this section.

  (6)   A determination made by the relevant Minister for the purposes of the definition of overseas student in subsection   67(2) of the former Act, and in force on 31   December 2008, is taken to be a determination made under subsection   ( 4) of this section.