Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_3
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 3
Character Range: 108254–109513

3  Educational programs

 (1) For the purposes of this Schedule, an educational program is matter, where, having regard to:
 (a) the substance of the matter; and
 (b) the way in which the matter is advertised or promoted; and
 (c) any other relevant matters;
it would be concluded that the sole or dominant purpose of the matter is to assist a person in education or learning, whether or not in connection with a course of study or instruction.

 (2) Subclause (1) has effect subject to subclauses (3) and (4).

ABA determinations

 (3) The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken to be an educational program.

 (4) The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken not to be an educational program.

 (5) A determination under subclause (3) or (4) has effect accordingly.

 (6) A determination under subclause (3) or (4) is to be an instrument of a legislative character.

 (7) A determination under subclause (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.