Document ID: chunk:federal_register_of_legislation:F2024C01279:reg:12
Version: federal_register_of_legislation:F2024C01279
Segment Type: reg
Provision Reference: reg 12
Character Range: 8965–12469

12  Tertiary courses—transitional arrangements for certain Schedule 2 courses and Schedule 3 courses
 (1) For the purposes of paragraph 11(1)(c) of this instrument, this section applies to a course if:
 (a) the course is specified in Column 1 of item 5, 6, 8, 9, 10 or 11 of the table in Schedule 2 to this instrument; and
 (b) it was a tertiary course under an instrument made under subsection 5D(1) of the Act; and
 (c) the course is not a tertiary course under paragraph 11(1)(a) of this instrument.
 (2) For the purposes of 11(1)(c) of this instrument, this section applies to a course if:
 (a) the course is or was specified in Column 2 of the table in Schedule 3 to:
 (i) this instrument; or
 (ii) the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2); and
 (b) it was a tertiary course under an instrument made under subsection 5D(1) of the Act; and
 (c) the course is not a tertiary course under paragraph 11(1)(b) of this instrument.
 (3) This section does not apply to a course in relation to a student, if:
 (a) the course was not a tertiary course, under an instrument issued under subsection 5D(1) of the Act, at the time when the student commenced the course; or
 (b) immediately before the course ceased to be a tertiary course under paragraphs 11(1)(a) or (b) of this instrument, the student was not receiving a student payment for the course; or
 (c) at or after the time the course ceased to be a tertiary course under paragraphs 11(1)(a) or (b) of this instrument, but before the student completes the course, the student ceases to be receiving a student payment for the course.
 (4) For the purposes of this section, a student is receiving a student payment for the course if the student is receiving any of the following because the student is undertaking the course:
 (a) austudy payment under the Social Security Act 1991;
 (b) assistance under the ABSTUDY scheme;
 (c) youth allowance under the Social Security Act 1991 because the student is undertaking full‑time study;
 (d) pensioner education supplement under the Social Security Act 1991.

Schedule 1 Secondary courses
            (section 10)
Column 1 – Course                           Column 2 – Education institution
Accredited secondary course                 Secondary school
                                            Registered training organisation
                                            Higher education institution
                                            Special school
ESL course                                  Secondary school
                                            Special school
Preparatory course                          Secondary school
                                            Registered training organisation
                                            Higher education institution
                                            Special school
School‑based apprenticeship or traineeship  Secondary school
International Baccalaureate                 Secondary school

Schedule 2 Tertiary courses
   (paragraph 11(1)(a) and subsection 12(1))

Tertiary courses
Item              Column 1                                                                                                                                                            Column 2
                  Course                                                                                                                                                              Education institution