Document ID: chunk:federal_register_of_legislation:F2021L01341:clause:1_6:p1
Version: federal_register_of_legislation:F2021L01341
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 3479–6381

6  Required amount of study
       (1)    Subject to subsection (2), an individual is undertaking the required amount of study in an approved foreign course of education or study, for the period for which the individual is enrolled in the course, if:

           (a)    for an individual to whom subsection (3) does not apply – the individual is studying the course for at least three-quarters of the defined amount of full-time study in respect of the course for that period; or

           (b)    for an individual to whom subsection (3) applies – the individual is studying the course for at least two-thirds of the defined amount of full-time study in respect of the course for that period.
           Note: For defined amount of full-time study see subsection (5).

       (2)    An individual is taken to be undertaking the required amount of study in respect of an approved foreign course of education or study, during the first fortnight of classes in a particular study period, if the individual is enrolled in the course and undertakes study in the course on at least one day in the first fortnight of classes.

       (3)    Subject to subsection (4), this subsection applies to an individual for the purposes of paragraph (1)(b) if the individual cannot undertake the  defined amount of full-time study because of:

           (a)    the usual requirements of the foreign educational institution in respect of the course; or

           (b)    a specific direction in writing to the individual from the academic registrar, or a person with an equivalent function, of the foreign educational institution; or

           (c)    a recommendation in writing from the academic registrar, or a person with an equivalent function, of the foreign educational institution, that the individual undertake the amount of study mentioned in paragraph (1)(b) in respect of the course for specified academic or vocational reasons.

       (4)     During any academic year, subsection (3) can only apply to an individual because of paragraph (3)(c) for a maximum period of half of the academic year.

       (5)     For this section, the defined amount of full-time study in respect of an approved foreign course of education or study is:

           (a)    if the Secretary has determined the normal amount of full-time study for the individual under subsection 22B(2A) of the Act – that amount; or

           (b)    if the Secretary has not made such a determination, either:

              (i)     if the foreign educational institution that delivers the course specifies an amount of full-time study that should typically be undertaken in respect of the course – that amount; or

              (ii)   otherwise – an amount of full-time study equivalent to the average amount of full-time study that an individual would have to undertake for the duration of the course in order to complete the course in