Document ID: chunk:federal_register_of_legislation:C2008C00021:clause:1_1
Version: federal_register_of_legislation:C2008C00021
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 12126–14618

1  Student contribution amounts for students under the Higher Education Contribution Scheme

(1) If:
 (a) a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and
 (b) the period over which the person is undertaking the unit ends on or before 31 December 2008; and
 (c) the person is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988; and
 (d) the course is a designated course of study within the meaning of that Chapter; and
 (f) the person:
 (i) is entitled to HECS‑HELP assistance for the unit; or
 (ii) would be entitled to HECS‑HELP assistance for the unit but for paragraph 90‑1(a) or (c), or paragraphs 90‑1(a) and (c), of the Higher Education Support Act 2003; and
 (g) the person has neither:
 (i) discontinued his or her enrolment in the course since that commencement (see item 2); nor
 (ii) completed the requirements of the course;
then:
 (h) if the institution is not (apart from this item) a higher education provider—the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and
 (i) if subparagraph (f)(ii) applies and the person is not an excepted student—the person is taken, for the purposes of that Act, to be entitled to HECS‑HELP assistance for the unit; and
 (j) the person is taken, for the purposes of that Act, to be a Commonwealth supported student in relation to the unit; and
 (k) the person's student contribution amount for the unit is taken, for the purposes of that Act, not to exceed the amount that would be worked out under section 93‑5 of that Act if the maximum student contribution amount for a place in the unit were worked out under item 3.

(2) However, this item does not apply if the person has notified an appropriate officer of the institution, under subsection 36‑5(3) of the Higher Education Support Act 2003, that he or she does not wish to be a Commonwealth supported student in relation to the unit.

(2A) A person cannot establish for the purposes of subitem (1) that he or she is a contributing student within the meaning of Chapter 4 of the Higher Education Funding Act 1988, or not an excepted student, more than 6 weeks after the census date for the unit.

(3) In this item:
excepted student has the meaning given by subsection 41(3) of the Higher Education Funding Act 1988.