Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A student meets the citizenship or residency requirements under this section in relation to an * accelerator program course if:
(a) the student is an Australian citizen; or
(b) the student:
(i) is a * permanent humanitarian visa holder, an * eligible former permanent humanitarian visa holder or a * Pacific engagement visa holder; and
(ii) will be resident in Australia for the duration of the accelerator program course.
(2) In determining, for the purposes of subparagraph (1)(b)(ii), whether the student will be resident in Australia for the duration of the * accelerator program course, disregard any period of residence outside Australia that:
(a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the accelerator program course; or
(b) is required for the purpose of completing a requirement of the accelerator program course.
(3) A student also meets the citizenship or residency requirements under this section in relation to an * accelerator program course if the student:
(a) is a New Zealand citizen who will be resident in Australia for the duration of the accelerator program course; and
(b) either:
(i) holds a special category visa under the Migration Act 1958 ; or
(ii) is a * permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
(c) both:
(i) first began to be usually resident in Australia at least 10 years before the day referred to in subsection (4) (the test day ); and
(ii) was a * dependent child when the student first began to be usually resident in Australia; and
(d) has been in Australia for a period of, or for periods totalling, 8 years during the 10 years immediately before the test day; and
(e) has been in Australia for a period of, or for periods totalling, 18 months during the 2 years immediately before the test day.
(4) In determining, for the purpose of paragraph (3)(a), whether the student will be resident in Australia for the duration of the * accelerator program course, disregard any period of residence outside Australia that:
(a) cannot reasonably be regarded as indicating an intention to reside outside Australia for the duration of the accelerator program course; or
(b) is required for the purpose of completing a requirement of the accelerator program course.
(5) For the purposes of subsection (3), the day is the earlier of:
(a) if the student has previously made a successful * request for Commonwealth assistance under this Chapter for a unit that forms part of a * course of study, or for another * accelerator program course--the day the student first made such a request; or
(b) otherwise--the day the student made the request for Commonwealth assistance in relation to the accelerator program course.
(6) Despite subsections (1), (2) and (3), a student does not meet the citizenship or residency requirements in relation to an * accelerator program course if the higher education provider reasonably expects that the student will not undertake in Australia any of the accelerator program course.