Document ID: chunk:federal_register_of_legislation:C2020A00046:clause:1_15
Version: federal_register_of_legislation:C2020A00046
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 9181–11027

15  Subsection 53(4)
Repeal the subsection, substitute:

Exemptions given by Registrar
 (4) Subsection (1) does not apply in relation to an individual if a determination under subsection (6) is in force in relation to the individual.
 (5) An individual may request the Registrar to make a determination that subsection (1) does not apply in relation to the individual. The request must:
 (a) be made in a manner and form approved by the Registrar; and
 (b) include any information required by the Registrar.
 (6) If an individual makes a request under subsection (5), the Registrar must, by writing, make, or refuse to make, the determination requested.
 (7) The Registrar must, in making a decision on the request, have regard to the matters (if any) determined in an instrument under subsection (9).
 (8) The Registrar must give the individual notice of the Registrar's decision on the request. If the Registrar refuses to make the determination requested, the notice must include reasons for the refusal.
 (9) The Commonwealth Minister may, by legislative instrument, determine matters for the purposes of subsection (7).
 (10) An instrument under subsection (6) is not a legislative instrument.
 (11) If:
 (a) the Registrar assigns a student identifier to an individual; and
 (b) immediately before the assignment, a determination under subsection (6) is in force in relation to the individual;
then that determination is taken to be revoked immediately after the assignment.

Agreement of Ministerial Council required for instruments
 (12) The Commonwealth Minister must, before making an instrument of a kind referred to in subsection (3) or (9), obtain the agreement of the Ministerial Council to the making of the instrument.

Single instrument
 (13) The matters covered by subsections (3) and (9) may be included in the same instrument.