Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A student is not entitled to * STARTUP - HELP assistance for an * accelerator program course (a new course ) provided, or to be provided, by a higher education provider if the sum of the following amounts is more than 2:
(a) the * EFTSL value of the new course;
(b) the sum of the EFTSL values of each other unit of study:
(i) that has a * census date during the 12 month period ending on the census date for the new course; and
(ii) for which the person is entitled to * HECS - HELP assistance or * FEE - HELP assistance, or would be so entitled but for the previous operation of this section, or section 36 - 12, in relation to the other unit of study;
(c) the sum of the EFTSL values of each other accelerator program course:
(i) that has a census date during the 12 month period ending on the census date for the new course; and
(ii) for which the person is entitled to STARTUP - HELP assistance, or would be so entitled but for the previous operation of this section in relation to the other accelerator program course.
(2) Subsection (1) does not apply if the higher education provider determines that undertaking the new course will not impose an unreasonable study load on the person, having regard to:
(a) whether the person has the demonstrated capacity and capability to successfully complete courses of study or * accelerator program courses that have a combined total * EFTSL value of more than 2; and
(b) the matters (if any) specified by the Higher Education Provider Guidelines for the purposes of this paragraph.
Note: A decision under this subsection that undertaking a new accelerator program course will impose an unreasonable study load on a student is reviewable under Part 5 - 7.
(3) A decision of a higher education provider under subsection (2) must be in accordance with the Higher Education Provider Guidelines.
(4) If a determination under subsection (2) is made in writing, the determination is not a legislative instrument.
(5) If a higher education provider is unable to act for one or more of the purposes of this section, the * Secretary may act as if one or more of the references in this section to the provider were a reference to the Secretary.