Document ID: chunk:federal_register_of_legislation:C2016A00100:clause:1_20
Version: federal_register_of_legislation:C2016A00100
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 7944–9771

20  At the end of clause 43 of Schedule 1A
Add:
 (3) A student is not entitled to *VET FEE‑HELP assistance for a *VET unit of study if:
 (a) the *census date for the unit is on or after 1 January 2017; or
 (b) if the student is covered by subclause (4)—the census date for the unit is on or after:
 (i) unless subparagraph (ii) applies—1 January 2018; or
 (ii) if the Minister is satisfied that exceptional circumstances justify continued entitlement to VET FEE‑HELP assistance for the student—a day determined in writing by the Minister.
 (4) A student is covered by this subclause if:
 (a) immediately before 1 January 2017, the student was enrolled in the *VET course of study of which the *VET unit of study forms a part; and
 (b) the unit is provided:
 (i) by the *VET provider with whom the student was enrolled immediately before 1 January 2017; or
 (ii) in compliance with the *VET tuition assurance requirements as they apply in relation to the provider; and
 (c) before 1 January 2017, the student received *VET FEE‑HELP assistance for another unit that formed a part of the course; and
 (d) the Secretary is satisfied that, at all times from the commencement of this paragraph, the student has been a genuine student (within the meaning of the VET Student Loans Act 2016).
 (5) A student is not entitled to *VET FEE‑HELP assistance for a *VET unit of study if a *VET student loan has been approved for the student for the *VET course of study of which the unit forms a part.
 (6) The *VET Guidelines may specify matters to which the Minister must or may have regard in deciding for the purposes of subparagraph (3)(b)(ii) whether exceptional circumstances justify continued entitlement to *VET FEE‑HELP assistance for the student.
 (7) A determination under subparagraph (3)(b)(ii) is not a legislative instrument.