Schedule 3 — Amendments commencing 1 January 2023

Higher Education Support Act 2003

1  Paragraph 90-5(2A)(a)

After “citizen”, insert “who will be resident in Australia for the duration of the unit”.

2  After subsection 90-5(2A)

Insert:

       (2AA)  In determining, for the purpose of paragraph (2A)(a), 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  Paragraph 104-5(2A)(a)

After “citizen”, insert “who will be resident in Australia for the duration of the unit”.

4  After subsection 104-5(2A)

Insert:

       (2AA)  In determining, for the purpose of paragraph (2A)(a), 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.

5  Application provisions

(1)       The amendments of section 90-5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to determining entitlement to HECS-HELP assistance for units of study with a census date that is on or after 1 January 2023.

(2)       The amendments of section 104-5 of the Higher Education Support Act 2003 made by this Schedule apply in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after 1 January 2023.