Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING AMENDMENT ACT (No. 2) 1992 No. 158 of 1992 - SECT 40

40. Section 41 of the Principal Act is amended:

   (a)  by omitting from paragraph (1)(a) "85%" (wherever occurring) and
        substituting "75%";

   (b)  by omitting from paragraph (1)(b) the words before subparagraph (i)
        and substituting "if the student is not an excepted student in
        relation to that course in respect of that semester, the student:";

   (c)  by omitting from paragraph (1)(b) "85%" and substituting "75%";

   (d)  by adding at the end the following subsections:

"(3) In subsection (1), 'excepted student', in relation to a designated course
of study in respect of a semester, means:

   (a)  a student who:

        (i)    at the completion of enrolment for the course in respect of
               that semester, is a New Zealand citizen; and

        (ii)   is enrolled as an external student resident outside Australia
               or has, at enrolment, been resident in Australia for a
               continuous period of less than 2 years; and

        (iii)  at enrolment is not also an Australian citizen; or

   (b)  a student who:

        (i)    at the completion of enrolment for the course in respect of
               that semester is entitled to stay in Australia, or to enter and
               stay in Australia, without any limitation as to time; and

        (ii)   will be resident outside Australia for the duration of the
               course in that semester for a reason other than a requirement
               of the course.

"(4) In determining, for the purpose of paragraph (3)(a)(ii), the length of a
person's continuous residence in Australia, a period of residence outside
Australia that cannot reasonably be regarded as indicating an intention to
cease to reside in Australia must be disregarded.

"(5) In determining, for the purpose of subparagraph (3)(b)(ii), whether a
person will be resident outside Australia for the duration of the designated
course in a semester, any period of residence in Australia that cannot
reasonably be regarded as indicating an intention to reside in Australia for
the duration of the course in that semester must be disregarded.".