Document ID: chunk:federal_register_of_legislation:C2004A00883:clause:2_98b
Version: federal_register_of_legislation:C2004A00883
Segment Type: clause
Provision Reference: sch 2 cl 98B
Character Range: 5514–7918

98B  Eligible student

 (1) A student is an eligible student for a semester if on the day (the enrolment day) on which the person completes his or her enrolment for the semester, the student is:
 (a) an Australian citizen; or
 (b) a person who has been granted a certificate of Australian citizenship under section 13 of the Australian Citizenship Act 1948 and who has yet to make the pledge referred to in section 15 of that Act; or
 (c) a New Zealand citizen who is the holder of a permanent visa, is present in Australia and:
 (i) does not satisfy the residency test in subsection (2); or
 (ii) if, on enrolment day, he or she satisfies that test—first satisfied that test on a day within the 12 months immediately preceding the enrolment day; or
 (d) a person (other than a New Zealand citizen) who is a permanent resident, is present in Australia and:
 (i) does not satisfy the residency test in subsection (2); or
 (ii) if, on enrolment day, he or she satisfies that test—first satisfied that test on a day within the 12 months immediately preceding the enrolment day;
unless subsection (3) applies to the student.

Note: If subsection (3) applies to the student, then the student is not an eligible student.

 (2) A person satisfies the residency test on a particular day if the person:
 (a) has been present in Australia as a permanent resident for a period of, or for periods totalling, not less than one year during the period of 2 years immediately preceding that day; and
 (b) has been present in Australia as a permanent resident for a period of, or for periods totalling, not less than 2 years during the period of 5 years immediately preceding that day.

 (3) This subsection applies to a student in relation to a course of study for a semester if, on the enrolment day, the student:
 (a) is covered by paragraph (1)(c) or (d); and
 (b) will be resident outside Australia for the duration of the course in that semester for a reason other than a requirement of the course.

 (4) In determining, for the purpose of paragraph (3)(b), whether a student will be resident outside Australia for the duration of a course in a semester, any period of residence in Australia that cannot reasonably be regarded as indicating an intention to reside in Australia for the duration of the course in that semester must be disregarded.

Part 4A.2—Additional condition of grant of financial assistance