Document ID: chunk:federal_register_of_legislation:F2020L00955:reg:4
Version: federal_register_of_legislation:F2020L00955
Segment Type: reg
Provision Reference: reg 4
Character Range: 1703–4408

4  Definitions
Note 1: A number of expressions used in this instrument are defined in regulation 1.03 of the Regulations, including the following:
(a) defence student;
(b) foreign affairs student;
(c) member of the family unit;
(d) registered course;
(e) secondary exchange student.
Note 2: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including in Australia
In this instrument:
Act means Migration Act 1958
Agreed starting day, for a registered course, means:
           (a) the day on which a course was scheduled to start; or
           (b) the later day agreed between the education provider and a student.
PHEIC means Public Health Emergency of International Concern designated by the World Health Organisation.
provider default in relation to a registered course, means the occurrence of one of the following events because a sanction has been imposed on the education provider under Division 1 or 2 of Part 6 of the Education Services for Overseas Students Act 2000:
           (a) the course does not start on the agreed starting day; or
           (b) the course ceases to be provided at any time after it starts, but before it is completed; or
           (c) the course not being provided in full to a student.
provider default day in relation to a registered course for which provider default has occurred, means:
           (a) if the default occurred because of the event mentioned in paragraph (a) of the definition of provider default—the agreed starting day; or
           (b) if the default occurred because of the event mentioned in paragraph (b) or  (c) of the definition of provider default—the day on which the course ceased to be provided.
reapplying applicant means an applicant:

           (a)           whose Subclass 500 visa or Subclass 590 visa was cancelled under paragraph 116(1)(e) of the Act as a result of the risk, in relation to a relevant PHEIC, to the health, safety or good order of the Australian community, or a segment of the Australian community; and

           (b)           who is seeking to apply for a Subclass 500 visa or Subclass 590 visa .
Regulations means the Migration Regulations 1994.
relevant PHEIC means the PHEIC on the basis of which a reapplying applicant's Subclass 500 visa or Subclass 590 visa was cancelled.

       subsequent person is a person who is seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa and who claims to be a member of the family unit of a person who is enrolled in a postgraduate research degree and holds a Subclass 500 visa.
Subclass 500 visa means a Subclass 500 (Student) visa.
Subclass 590 visa means a Subclass 590 (Student Guardian) visa.