Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p11
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 11/67)
Character Range: 312018–314815

may have regard to any matters Open Universities Australia considers appropriate, other than matters specified in the FEE‑HELP Guidelines as matters to which Open Universities Australia must not have regard.
 (2A) *Open Universities Australia must not vary a *fee unless Open Universities Australia:
 (a) does so:
 (i) before the date ascertained in accordance with the FEE‑HELP Guidelines; and
 (ii) in circumstances specified in the FEE‑HELP Guidelines; or
 (b) does so with the written approval of the Minister.
 (3) A fee includes any tuition, examination or other fee payable to *Open Universities Australia by those students in relation to the unit.
 (4) A fee does not include a fee:
 (a) payable in respect of an organisation of students, or of students and other persons; or
 (b) payable in respect of the provision to students of amenities or services that are not of an academic nature; or
 (c) payable in respect of residential accommodation.

Census date
 (5) *Open Universities Australia must set a particular date to be the *census date for the unit for the period.
 (5A) *Open Universities Australia must not vary a *census date unless Open Universities Australia:
 (a) does so:
 (i) before the date ascertained in accordance with the FEE‑HELP Guidelines; and
 (ii) in circumstances specified in the FEE‑HELP Guidelines; or
 (b) does so with the written approval of the Minister.

Consequence of failure to set tuition fees and census date
 (6) If *Open Universities Australia does not:
 (a) determine a *fee in accordance with subsection (2) for the unit for the period; or
 (b) determine a *census date in accordance with subsection (5) for the unit for the period;
no student to whom Open Universities Australia provides access to the unit for that period is entitled to *FEE‑HELP assistance for the unit.

104‑5  Citizenship or residency requirements
 (1) A student meets the citizenship or residency requirements under this section in relation to a unit of study if:
 (a) the student is an Australian citizen; or
 (b) the student:
 (i) is a *permanent humanitarian visa holder, an *eligible former permanent humanitarian visa holder or a *Pacific engagement visa holder; and
 (ii) will be resident in Australia for the duration of the unit; or
 (c) in the case of a student who is undertaking, or is to undertake, the unit as part of a *bridging course for overseas‑trained professionals—the student is a *permanent visa holder who will be resident in Australia for the duration of the unit.
 (2) In determining, for the purpose of subparagraph (1)(b)(ii) or paragraph (1)(c), whether the student will be resident in Australia for the duration of the unit, disregard any period of residence outside Australia that:
 (a) cannot reasonably be regarded as indicating an intention