Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:1_3:p1
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/2)
Character Range: 3246–6051

3  Section 5
Insert:
decision‑maker for a decision relating to tuition protection: see section 187A.
default: see section 62C.
domestic student means a person who:
 (a)  is not an overseas student (or an overseas student within the meaning of the Education Services for Overseas Students Act 2000); and
 (b) is enrolled, or proposes to become enrolled, in an Australian course of study with a registered higher education provider.
enrolled: a person enrolled in an Australian course of study (or unit of study) includes a person undertaking the course (or unit).
FEE‑HELP assistance has the same meaning as in the Higher Education Support Act 2003.
HECS‑HELP assistance has the same meaning as in the Higher Education Support Act 2003.
HESA investigator has the same meaning as in the Higher Education Support Act 2003.
Higher Education Tuition Protection Director means the person referred to in section 167‑15 of the Higher Education Support Act 2003.
Higher Education Tuition Protection Fund means the Fund established by section 167‑1 of the Higher Education Support Act 2003.
judicial officer has the same meaning as in the Higher Education Support Act 2003.
Open Universities Australia means Open Universities Australia Pty Ltd (ACN 053 431 888).
original course means an Australian course of study in relation to which a registered higher education provider has defaulted.
overseas student means a person who:
 (a) is not an Australian citizen; and
 (b) is enrolled, or proposes to become enrolled, in:
 (i) an Australian course of study with a registered higher education provider; or
 (ii) a unit of study access to which was provided by Open Universities Australia;
but does not include:
 (c) a person entitled to stay in Australia, or to enter and stay in Australia, without any limitation as to time; or
 (d) a New Zealand citizen; or
 (e) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901) or dependent relative of such a representative.
provider obligation period: see subsection 62F(2).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relative, in relation to a representative, includes:
 (a) an exnuptial or adoptive child of the representative, or someone of whom the representative is an exnuptial or adoptive child; and
 (b) someone who is a child (within the meaning of the Family Law Act 1975) of the representative, or of whom the representative is a child (within the meaning of that Act); and
 (c) relatives traced through relationships referred to in paragraphs (a) and (b).
replacement course means an Australian course of study that enables a domestic student to finish:
 (a) an original course; or
 (b)