Document ID: chunk:federal_register_of_legislation:C2004A00883:clause:2_98a:p1
Version: federal_register_of_legislation:C2004A00883
Segment Type: clause
Provision Reference: sch 2 cl 98A (pt 1/2)
Character Range: 2768–5453

98A  Definitions

 (1) In this Chapter, unless the contrary intention appears:

appropriate officer of an institution means:
 (a) a person who is an appropriate officer of the institution for the purposes of Chapter 4; or
 (b) if the institution is Marcus Oldham College—a person, or a person included in a class of persons, appointed by the chief executive officer of the institution or the chief executive officer's delegate to be an appropriate officer of the institution for the purposes of this Chapter.

eligible post‑graduate course of study at an institution means a course of study at the institution that:
 (a) is a post‑graduate course for which fees may be charged; and
 (b) is not a post‑graduate research award course of study.

eligible student, for a semester, has the meaning given by section 98B.

institution has the meaning given by section 4 (despite subsection (2) of this section).

semester means a semester in a year to which this Chapter applies, and has a meaning affected by subsection (3).

student means:
 (a) a person who proposes to undertake on or after 1 January 2002, or is undertaking or has undertaken on or after that date, an eligible post‑graduate course of study at an institution; and
 (b) when used in relation to a particular eligible post‑graduate course of study at an institution—a person who proposes to undertake on or after 1 January 2002, or is undertaking or has undertaken on or after that date, the eligible post‑graduate course of study at that institution.

 (2) Expressions used in this Chapter that are defined in Chapter 4 have in this Chapter, unless the contrary intention appears, the same meanings as in Chapter 4.

 (3) For the purposes of subsection (2), section 37 and subsection 39(2) apply in relation to the expressions semester and standard student load in this Chapter in the same way that they apply in relation to those expressions in Chapter 4, as if:
 (a) the references in section 37 and subsection 39(2) to institution were references to institution within the meaning of Chapter 4A; and
 (b) the reference in subsection 39(2) to each designated course of study were a reference to each eligible post‑graduate course of study.

 (4) Section 36 does not affect the meaning of the expression student load in this Chapter.

 (5) Expressions used in this Chapter that are defined in the Income Tax Assessment Act 1936 have in this Chapter, unless the contrary intention appears, the same meanings as in that Act.

 (6) For the purposes of this Chapter, the payment of an amount to an institution by a person other than a student in respect of fees payable by the student to the institution is taken to constitute