Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p31
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 31/67)
Character Range: 362099–364760

higher education provider in one or more of the courses mentioned in paragraph (1)(b), means a document:
 (a) in which the person requests the Commonwealth to provide assistance under this Act in relation to the fee for the period; and
 (b) that is in the form approved by the Minister.

126‑5  Citizenship or residency requirements
 (1) A student meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student is, on the day the fee is payable:
 (a) an Australian citizen; or
 (b) both:
 (i) a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and
 (ii) resident in Australia.
 (1A) A student also meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student:
 (a) is a New Zealand citizen on the day the fee is payable; and
 (b) on the day the fee is payable, either:
 (i) holds a special category visa under the Migration Act 1958; or
 (ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958; and
 (c) both:
 (i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (1B) (the test day); and
 (ii) was a *dependent child when he or she first began to be usually resident in Australia; and
 (d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
 (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
 (1B) For the purposes of subsection (1A), the day is the earlier of:
 (a) if the student:
 (i) is enrolled with the provider in a *course of study; and
 (ii) has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the course—the day the student first made such a request; or
 (b) otherwise—the day the student made the request for Commonwealth assistance in relation to the fee.
 (2) Despite subsections (1) and (1A), a student does not meet the citizenship or residency requirements in relation to a *student services and amenities fee imposed on the student by a higher education provider if the provider reasonably expects that:
 (a) for a student enrolled in one course for the purposes of paragraph 126‑1(1)(b)—the student will not undertake in Australia any *units of