Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p6
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 6/19)
Character Range: 179232–181865

could undertake the unit during the current summer school period or current winter school period could undertake, or could have undertaken, the unit during a period other than a summer school period or winter school period as part of a *course of study undertaken by the person with the higher education provider.
 (9) The higher education provider must make the determination:
 (a) before the start of the current summer school period, if the determination relates to a unit undertaken during a summer school period; or
 (b) before the start of the current winter school period, if the determination relates to a unit undertaken during a winter school period.
 (10) In this section:
summer school period means a period that starts on or after 1 November in a year and ends after 1 January, but before 1 March, in the following year.
winter school period means a period that starts on or after 1 June in a year and ends on or before 31 August in that year.

36‑12  Advice on whether a person is a Commonwealth supported student—unreasonable study load
 (1) A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study (the new unit) if the sum of the following amounts is more than 2:
 (a) the *EFTSL value of the new unit;
 (b) the sum of the EFTSL values of each other unit of study:
 (i) that has a *census date during the 12 month period ending on the census date for the new unit; and
 (ii) for which the person is entitled to *HECS‑HELP assistance or *FEE‑HELP assistance, or would be so entitled but for the previous operation of this section, or section 104‑1AA, in relation to the other unit of study.
 (2) Subsection (1) does not apply if the higher education provider determines that undertaking the new unit will not impose an unreasonable study load on the person, having regard to:
 (a) whether the person has the demonstrated capacity and capability to successfully complete units of study that have a total EFTSL value of more than 2; and
 (b) the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.
 (3) A decision of a higher education provider under subsection (2) must be in accordance with the requirements (if any) specified in the Higher Education Provider Guidelines.
 (4) If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

36‑15  Persons not to be advised they are Commonwealth supported
 (1A) A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a