Document ID: chunk:federal_register_of_legislation:C2023A00036:clause:1_25:p3
Version: federal_register_of_legislation:C2023A00036
Segment Type: clause
Provision Reference: sch 1 cl 25 (pt 3/11)
Character Range: 15791–18498

section.
 (2) The one course for which the student is entitled is selected by applying either or both of the following principles, as needed:
 (a) if the student enrolled at the same time in 2 or more courses—select the course the student elects, in writing, for the purposes of this paragraph;
 (b) if the student enrolled at different times in 2 or more courses—select the course the student enrolled in first.
 (3) The STARTUP‑HELP Guidelines may prescribe requirements and other matters in relation to elections by students for the purposes of paragraph (2)(a).

128B‑10  No entitlement: not a genuine student
 (1) A student is not entitled to *STARTUP‑HELP assistance for an *accelerator program course if the *Secretary determines that the student is not a genuine student in relation to the course.
Note: A decision under this subsection that a student is not entitled to STARTUP‑HELP assistance is reviewable under Part 5‑7.
 (2) In determining whether a student is a genuine student for the purposes of subsection (1), the *Secretary must have regard to the matters (if any) specified in the Higher Education Provider Guidelines.
 (3) If a determination under subsection (1) is made in writing, the determination is not a legislative instrument.

128B‑15  No entitlement: unreasonable study load
 (1) A student is not entitled to *STARTUP‑HELP assistance for an *accelerator program course (a new course) provided, or to be provided, by a higher education provider if the sum of the following amounts is more than 2:
 (a) the *EFTSL value of the new course;
 (b) the sum of the EFTSL values of each other unit of study:
 (i) that has a *census date during the 12 month period ending on the census date for the new course; and
 (ii) for which the person is entitled to *HECS‑HELP assistance or *FEE‑HELP assistance, or would be so entitled but for the previous operation of this section, or section 36‑12, in relation to the other unit of study;
 (c) the sum of the EFTSL values of each other accelerator program course:
 (i) that has a census date during the 12 month period ending on the census date for the new course; and
 (ii) for which the person is entitled to STARTUP‑HELP assistance, or would be so entitled but for the previous operation of this section in relation to the other accelerator program course.
 (2) Subsection (1) does not apply if the higher education provider determines that undertaking the new course will not impose an unreasonable study load on the person, having regard to:
 (a) whether the person has the demonstrated capacity and capability to successfully complete courses of study or *accelerator program courses that have a combined total *EFTSL value of more than