Document ID: chunk:federal_register_of_legislation:C2025C00163:section:5d
Version: federal_register_of_legislation:C2025C00163
Segment Type: section
Provision Reference: s 5D
Character Range: 30896–32155

5D  Minister may determine secondary and tertiary courses etc.
 (1) The Minister may, for the purposes of this Act, determine in writing that:
 (a) a course of study or instruction is a secondary course, or a tertiary course; or
 (b) a part of a course of study or instruction is a part of a secondary course, or a part of a tertiary course.
 (1A) To avoid doubt, a course of study or instruction includes an accelerator program course (within the meaning of the Higher Education Support Act 2003).
 (2) For the purposes of this section, a determination that:
 (a) was made under paragraph 7(1)(c) as in force before the day on which this section commences; and
 (b) was in force immediately before that day;
is taken to be a determination under subsection (1) of this section and may be amended or repealed accordingly.
 (2A) A determination under subsection (1) may make provision for and in relation to a specified course, that ceases to be a secondary course or a tertiary course, continuing to be a secondary course or a tertiary course in relation to specified persons in specified circumstances.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (3) A determination under subsection (1) is a legislative instrument.