Document ID: chunk:federal_register_of_legislation:C2015A00160:clause:1_7
Version: federal_register_of_legislation:C2015A00160
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 6434–7787

7  After subsection 126‑5(1)
Insert:
 (1A) A student also meets the citizenship or residency requirements under this section in relation to a *student services and amenities fee imposed on the student by a higher education provider if the student:
 (a) is a New Zealand citizen on the day the fee is payable; and
 (b) holds a special category visa under the Migration Act 1958 on the day the fee is payable; and
 (c) both:
 (i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (1B) (the test day); and
 (ii) was a *dependent child when he or she first began to be usually resident in Australia; and
 (d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
 (e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
 (1B) For the purposes of subsection (1A), the day is the earlier of:
 (a) if the student:
 (i) is enrolled with the provider in a *course of study; and
 (ii) has previously made a successful *request for Commonwealth assistance under this Chapter in relation to the course—the day the student first made such a request; or
 (b) otherwise—the day the student made the request for Commonwealth assistance in relation to the fee.