Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 2—Amendment of the Higher Education Support Act 2003

Schedule 2 Amendment of the Higher Education Support Act 2003

   

Higher Education Support Act 2003

1  Paragraph 36-10(2)(c)

After “holder”, insert “, or a * provisional skilled regional visa holder,”.

2  Subsection 36-10(2A)

Omit “subparagraph”, substitute “paragraph”.

3  Paragraph 104-5(1)(c)

After “holder”, insert “, or a * provisional skilled regional visa holder,”.

4  Subclause 1(1) of Schedule 1

Insert:

provisional skilled regional visa holder means the holder (within the meaning of the Migration Act 1958 ) of:

                     (a)  a visa referred to in the regulations under that Act as a Subclass 491 (Skilled Work Regional (Provisional)) visa; or

                     (b)  a visa referred to in the regulations under that Act as a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

                     (c)  a visa of a kind determined in an instrument under subclause (4).

5  At the end of clause 1 of Schedule 1

Add:

             (4)  The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (c) of the definition of provisional skilled regional visa holder in subclause (1) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:

                     (a)  a visa Subclass mentioned in paragraph (a) or (b) of that definition has been or will be replaced by that kind of visa; and

                     (b)  the replacement kind of visa is intended to give the same benefits as the replaced visa Subclass.

6  Application provision

The amendments of sections 36-10 and 104-5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to any unit of study with a census date that is on or after the commencement of this item (whether the unit of study is part of a course of study commenced before or after that day).