Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p8
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 8/67)
Character Range: 304472–307196

subsection (5); and
 (h) the student *meets the tax file number requirements (see section 187‑1); and
 (i) the student has, on or before the census date:
 (i) if access to the unit was provided by Open Universities Australia—completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; or
 (ii) in any other case—completed, signed and given to an appropriate officer of the higher education provider a request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is, or is to be, undertaken with the provider, in relation to the course of study.
 (1AA) A student is not entitled to *FEE‑HELP assistance for a unit of study if the *Secretary determines that the student is not a genuine student in relation to the unit.
 (1AB) In determining whether a student is a genuine student for the purposes of subsection (1AA), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.
 (1AC) If a determination under subsection (1AA) is made in writing, the determination is not a legislative instrument.
 (1B) The assessment for the purposes of paragraph (1)(ac) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 19‑42.
 (2) A student is not entitled to *FEE‑HELP assistance for a unit of study if:
 (a) the unit forms a part of a *course of study; and
 (b) the course of study is, or is to be, undertaken by the student primarily at an overseas campus.
 (3) A student is not entitled to *FEE‑HELP assistance for a unit of study provided, or to be provided, by a higher education provider if:
 (a) a limit on the total number of students entitled to FEE‑HELP assistance, or on the total amount of FEE‑HELP assistance payable to the provider, applies to the provider; and
 (b) provision of FEE‑HELP assistance to the student would exceed that limit.
 (4) A student is not entitled to *FEE‑HELP assistance for a unit of study with a higher education provider if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.

When a student meets the student identifier requirements
 (5) A student meets the *student identifier requirements under this subsection if:
 (a) the student 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