Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1061pb:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1061PB (pt 2/3)
Character Range: 1301521–1304023

year course starting before 1 April in that year; and
 (b) the person starts his or her full year course before that day; and
 (c) either:
 (i) the person did not undertake full‑time or part‑time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or
 (ii) the person did not undertake full‑time or part‑time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person's illness or to other circumstances beyond the person's control.

Taken to be undertaking qualifying study from 1 July
 (4) For the purpose of subsection (1), a person is taken to have been undertaking qualifying study from 1 July in a particular year if:
 (a) the person is enrolled in a course of education that is a full year course starting on or after 1 July in that year; and
 (b) the person starts his or her full year course on or after that day; and
 (c) either:
 (i) the person did not undertake full‑time or part‑time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or
 (ii) the person did not undertake full‑time or part‑time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person's illness or to other circumstances beyond the person's control.

Taken to be undertaking qualifying study until 31 December
 (5) For the purpose of subsection (1), a person is taken to be undertaking qualifying study until the end of 31 December in a particular year if:
 (a) the person completes his or her course of education after 15 September but before 31 December in that year; and
 (b) the person's course of education is a full year course or a late starting course.

Industrial instruments
 (6) In paragraph (2)(a):
industrial instrument means an award, determination or agreement (however described) that:
 (a) is made under or recognised by a law of the Commonwealth or of a State or Territory that:
 (i) regulates the relationships between employers and employees; or
 (ii) provides for the prevention or settlement of disputes between employers and employees; and
 (b) concerns the relationship between an employer and the employer's employees, or provides for the prevention or settlement of a dispute between an employer and the employer's employees.
National Employment Standards has the same meaning as in the Fair Work Act 2009.