Document ID: chunk:federal_register_of_legislation:C2016C00429:section:5
Version: federal_register_of_legislation:C2016C00429
Segment Type: section
Provision Reference: s 5
Character Range: 31763–32831

5  Students receiving education at non‑government schools
 (1) For the purposes of this Act, a student is taken not to be receiving primary education or not to be receiving secondary education (as appropriate) at a non‑government school unless:
 (a) the student attends, on a daily basis, the school at a location specified in the list of non‑government schools in respect of the school; or
 (b) the Minister has determined that the student is to be treated (because of special circumstances) as so attending the school.
 (2) For the purposes of this Act, a student is taken not to be receiving primary distance education or not to be receiving secondary distance education (as appropriate) at a non‑government school in a State if:
 (a) the student does not reside in the State; or
 (b) the school is not approved in accordance with the law of the State in which the school is located to provide distance education; or
 (c) the student is approved as a home education student (however described) in accordance with the law of the State in which the student resides.