Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Higher Education Legislation Amendment (2007 Measures No. 1) Bill 2007

Schedule 5 Residency requirements for Commonwealth assistance

   

Higher Education Support Act 2003

1  Paragraph 36-10(1)(c)

Repeal the paragraph, substitute:

                     (c)  the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and

2  Subsection 36-10(2)

Repeal the subsection, substitute:

             (2)  A person meets the citizenship or residency requirements for the purposes of paragraph (1)(c) if the person is:

                     (a)  an Australian citizen; or

                     (b)  a citizen of New Zealand who will be resident within Australia for the duration of the unit; or

                     (c)  a * permanent visa holder who will be resident within Australia for the duration of the unit.

          (2A)  In determining, for the purposes of subparagraph (2)(b) or (c), whether a person will be resident within Australia for the duration of the unit of study, disregard any period of residence outside Australia if:

                     (a)  it cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the unit; or

                     (b)  it is required for the purpose of completing a requirement of that unit.

          (2B)  Despite subsections (2) and (2A), a person does not meet the citizenship or residency requirements under paragraph (2)(b) or (c), if the higher education provider reasonably expects that he or she will not undertake in Australia any units of study contributing to the * course of study of which the unit forms a part.

3  Section 90-5

Repeal the section, substitute:

90-5   Citizenship or residency requirements

             (1)  A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is:

                     (a)  an Australian citizen; or

                     (b)  a * permanent humanitarian visa holder who will be resident in Australia for the duration of the unit.

             (2)  In determining, for the purpose of paragraph (1)(b), 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.

             (3)  Despite subsections (1) and (2), a * permanent humanitarian visa holder does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the visa holder will not undertake in Australia any units of study contributing to the * course of study of which the unit forms a part.

4  Section 104-5

Repeal the section, substitute:

104-5   Citizenship or residency requirements

             (1)  A student meets the citizenship or residency requirements under this section in relation to a unit of study if the student is:

                     (a)  an Australian citizen; or

                     (b)  a * permanent humanitarian visa holder who will be resident in Australia for the duration of the unit; or

                     (c)  if the student is undertaking, or is to undertake, the unit as part of a * bridging course for overseas-trained professionals—a * permanent visa holder who will be resident in Australia for the duration of the unit.

             (2)  In determining, for the purpose of paragraph (1)(b) or (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.

             (3)  Despite subsections (1) and (2), a * permanent humanitarian visa holder or * permanent visa holder does not meet the citizenship or residency requirements in relation to a unit of study if the provider reasonably expects that the visa holder 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.

5  Application

The amendments made by this Schedule apply in relation to a unit of study in which a student enrols after the commencement of this Schedule.