Document ID: chunk:federal_register_of_legislation:F2019L01601:reg:42
Version: federal_register_of_legislation:F2019L01601
Segment Type: reg
Provision Reference: reg 42
Character Range: 58164–59863

42      Transitional: application of instrument to existing programs etc.

(1)    This instrument applies in relation to an undergraduate or postgraduate coursework award program (including a medical program) that commenced before the commencement of this instrument, including a program that had ended before the commencement, as if the program had commenced after the commencement of this instrument.

(2)    Without limiting subsection (1):

(a)    if, before the commencement of this instrument, a student had failed a course in which the student was enrolled in any undergraduate or postgraduate coursework award program (including a medical program), this instrument applies in relation to the failure in the same way in which it would have applied in relation to the failure if it had happened after the commencement; and

(b)    if, before the commencement of this instrument, a student had successfully completed a course in which the student was enrolled in any undergraduate or postgraduate coursework award program (including a medical program), this instrument applies in relation to the successful completion of the course in the same way in which it would have applied in relation to the successful completion of the course if it had happened after the commencement.

(3)    However, this instrument does not apply in relation to a failure of a course, or the successful completion of a course, if the failure or successful completion happened more than 10 years before the commencement of this instrument.

(4)    An order made under or for this instrument may make provision for or in relation to determining, for subsection (3), when a course is failed or successfully completed.