Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, a person is undertaking full - time study if:
(a) the person:
(i) is enrolled in a course of education at an educational institution; or
(ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re - enrol in the course when re - enrolments in the course are next accepted; or
(iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and
(b) the person:
(i) is undertaking in the particular study period (such as, for example, a semester) for which he or she is enrolled for the course; or
(ii) intends to undertake in the next study period for which he or she intends to enrol for the course;
(iii) in a case to which subsection (1A) does not apply--at least three - quarters of the normal amount of full - time study in respect of the course for that period (see subsections (2) to (4)); or
(iv) in a case to which subsection (1A) applies--at least two - thirds of the normal amount of full - time study in respect of the course for that period (see subsections (2) to (4)); and
(c) the course in question is an approved course of education or study (see subsection (5)); and
(ca) if the course is an accelerator program course or a combined course that includes an accelerator program course--the person is entitled to STARTUP - HELP assistance for the accelerator program course; and
(d) if the course is a combined course or a course other than an accelerator program course--in the Secretary's opinion, the person is making satisfactory progress towards completing the course.
Note 1: Only one course of education can be considered in deciding if a person satisfies the undertaking full - time study requirement: see section 541C.
Note 2: For combined courses, see the legislative instrument made under section 5D of the Student Assistance Act 1973 .
When two - thirds study load applies
(1A) This subsection applies for the purposes of subparagraph (1)(b)(iv) if the person cannot undertake the normal amount of full - time study in respect of the course for that period:
(a) because of the usual requirements of the institution in question in respect of the course; or
(b) because of a specific direction in writing to the student from the academic registrar, or an equivalent officer, of the institution in question; or
(c) because the academic registrar, or an equivalent officer, of the institution in question recommends in writing that the person undertake the amount of study mentioned in subparagraph (1)(b)(iv) in respect of the course for specified academic or vocational reasons.
Paragraph (c) applies for no longer than half of the academic year.
Meaning of normal amount of full - time study
(2) For the purposes of paragraph (1)(b), the normal amount of full - time study in respect of a course is:
(i) the course is a course of study within the meaning of the Higher Education Support Act 2003 ; and
(ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;
the full - time student load for the course; or
(b) if the course is not such a course and the institution defines an amount of full - time study that a full - time student should typically undertake in respect of the course--the amount so defined; or
(c) otherwise--an amount of full - time study equivalent to the average amount of full - time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.
Alternative meaning of normal amount of full - time study
(3) For the purposes of paragraph (1)(b), and without limiting subsection (2), the normal amount of full - time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
Meaning of satisfactory progress
(3A) In forming an opinion about whether a person is making satisfactory progress for the purpose of paragraph (1)(d), the Secretary is to have regard to the guidelines.
(3B) The Minister, by legislative instrument:
(a) is to set guidelines for the exercise of the Secretary's discretion under subsection (3A); and
(b) may revoke or vary those guidelines.
(4) For the purposes of paragraph (1)(b), a person is taken to be undertaking full - time study in respect of a course during the period (the relevant period ):
(a) starting on the first day of classes in a study period; and
(b) ending on the Friday of the second week of classes in the study period;
if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.
Meaning of approved course of education or study
(5) For the purposes of paragraph (1)(c), the course is
an approved course of education or study if it is a course determined, under
section 5D of the Student Assistance Act 1973 , to be a secondary
course or a tertiary course for the purposes of that Act.