Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p7
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 7/19)
Character Range: 181611–184254

writing, the determination is not a legislative instrument.

36‑15  Persons not to be advised they are Commonwealth supported
 (1A) A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:
 (a) the unit contributes to the requirements of a *course of study; and
 (b) the course of study is, or is to be, undertaken by the person primarily at an overseas campus.
 (1) A higher education provider must not advise a person enrolled in a unit of study with the provider that the person is a *Commonwealth supported student in relation to the unit if:
 (a) the enrolment is in an *employer reserved place; or
 (b) the unit forms part of a *bridging course for overseas‑trained professionals; or
 (c) the unit forms part of a course to which a determination under subsection (2) applies.
 (2) The Minister may, by legislative instrument, determine that:
 (a) a specified *course of study is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students; or
 (b) a *course of study of a specified type is not one in respect of which students, or students of a specified kind, may be enrolled in units of study as *Commonwealth supported students.
 (3) In deciding whether to make a determination under subsection (2), the Minister must have regard to the effect of the determination on students undertaking the course, or a course of that type.
 (4) A determination of the Minister under subsection (2) must not be made later than 6 months before the day that students are able next to commence the specified course, or a course of that type, with the provider.
 (5) A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:
 (a) the provider has completed any part of a *request for Commonwealth assistance that the person is required to complete; and
 (b) the request relates to the person enrolling in the unit of study or, where the unit forms part of a *course of study undertaken with the provider, the course of study.

36‑20  Providers to repay amounts—special circumstances
 (1) A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person if:
 (a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and
 (b) the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and
 (c) the person has not completed the requirements