Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p3
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/19)
Character Range: 172110–174692

he or she is enrolled in that unit has advised the person in writing that he or she is a Commonwealth supported student:
 (i) in relation to the unit; or
 (ii) if the person is undertaking a *course of study with the provider of which the unit forms a part—in relation to that course of study; and
 (b) at the end of the *census date for the unit, the higher education provider would not have been prohibited under this Subdivision from so advising the person.
 (3) However, the person is not a Commonwealth supported student in relation to the unit if he or she notifies an *appropriate officer of the provider that he or she does not wish to be a Commonwealth supported student in relation to the unit.
 (4) A notice under subsection (3):
 (a) must be in writing; and
 (b) must be given on or before the *census date for the unit.
 (5) In addition, the person is not a *Commonwealth supported student in relation to the unit of study if the *Secretary determines that the person is not a genuine student in relation to the unit.
 (6) In determining whether a person is a genuine student for the purposes of subsection (5), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.
 (7) If a determination under subsection (5) is made in writing, the determination is not a legislative instrument.

36‑10  Advice on whether a person is a Commonwealth supported student—general

When a provider must not advise that a person is Commonwealth supported
 (1) A higher education provider must not advise a person that he or she is a *Commonwealth supported student in relation to a unit of study unless:
 (a) the provider has entered into a funding agreement under section 30‑25 for the year in which the person is undertaking the unit; and
 (b) the unit contributes to the requirements of a *course of study in which the person is enrolled with that provider or another higher education provider; and
 (ba) the person has been assessed by the higher education provider, in accordance with section 19‑42, as academically suited to undertake the unit; and
 (c) the person meets the citizenship or residency requirements for the purposes of this paragraph (see subsections (2) and (2A)); and
 (d) if the course of study is a course of study other than a *FEE‑FREE Uni Ready course—the unit is *covered by the person's Student Learning Entitlement; and
 (e) the person:
 (i) enrolled in the unit on or before the *census date for the unit; and
 (ii) at the end of the census date, remained so enrolled; and
 (f) if:
 (i) the census date