Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p9
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 9/67)
Character Range: 306930–309618

has a student identifier immediately before the census date; and
 (b) before the census date, the student notifies the student's student identifier to:
 (i) an *appropriate officer of the higher education provider; and
 (ii) the *Secretary.
 (6) A notification under paragraph (5)(b) may be included in a *request for Commonwealth assistance that the student has given to the higher education provider in relation to:
 (a) the unit of study for which the assistance is sought; or
 (b) the *course of study of which the unit forms a part; or
 (c) any other unit of study forming part of that course.

104‑1AA  Student has unreasonable study load
 (1) A student is not entitled to *FEE‑HELP assistance for a unit of study (the new unit) provided, or to be provided, by a higher education provider 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 36‑12, 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 Higher Education Provider Guidelines.
 (4) If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.

104‑2  Failure by a student to complete previous units accessed through Open Universities Australia
  A student is not entitled to *FEE‑HELP assistance for a unit of study access to which is provided by *Open Universities Australia if:
 (a) the student has already undertaken 8 or more other units of study, access to which was provided by Open Universities Australia; and
 (b) the student did not successfully complete at least 50% of those other units.

104‑3  Failure by Open Universities Australia to comply with FEE‑HELP Guidelines etc.
 (1) The Minister may determine, by legislative instrument, that there is to be no entitlement to *FEE‑HELP assistance for a specified year for units of study to