Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:11_23
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 11 cl 23
Character Range: 354111–355420

23  Subsection 12C(2)
Repeal the subsection, substitute:
 (2) If:
 (a) a person is undertaking a course of study or instruction, or a part of a course of study or instruction, offered by an education institution; and
 (b) for the purposes of that course or that part of that course, the person is required or allowed by that institution to attend, and attends, a place other than:
 (i) that institution; or
 (ii) a place in respect of which a determination under subsection (3) is in force;
the person is, for the purposes of this section, taken to be undertaking that course or that part of that course wholly at that institution.
 (3) The Minister may determine in writing that subsection (2) does not apply in relation to a place, or a class of place, specified in the determination.
 (4) A determination under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
 (5) If a person is undertaking, or proposes to undertake, by correspondence with an education institution:
 (a) a course of study or instruction; or
 (b) a part of a course of study or instruction;
offered by that education institution, the person is, for the purposes of this section, taken to be undertaking that course, or that part of that course, wholly at that institution.