Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 36.30

Table A providers

  (1)   If:

  (a)   a person is to be enrolled with a * Table A provider in a unit of study; and

  (aa)   the unit to be undertaken with the provider forms part of an * undergraduate course of study; and

  (b)   the provider is not prohibited, under Subdivision   36 - B, from advising the person that he or she is a * Commonwealth supported student in relation to the unit;

the provider must enrol the person in the unit as a Commonwealth supported student.

  (2)   Subsection   (1) does not apply in respect of a person's enrolment with a * Table A provider in a unit of study that forms part of an * undergraduate course of study if:

  (a)   the person commences the undergraduate course of study with the provider before 1   January 2009; or

  (b)   both:

  (i)   the person transfers to the undergraduate course of study with the provider on or after 1   January 2009 from another undergraduate course of study in which the person was enrolled with the provider before 1   January 2009; and

  (ii)   the person had not completed that other undergraduate course of study; or

  (c)   all of the following apply:

  (i)   the person was offered, and accepted, a place (other than a Commonwealth supported place) in the undergraduate course of study with the provider before 1   January 2009;

  (ii)   the undergraduate course of study was to commence before 1   January 2009;

  (iii)   with the provider's approval, the person commences the course of study after that time; or

  (d)   at the time the person commences the undergraduate course of study with the provider, the person is an * overseas student.

Other higher education providers

  (3)   If a person is to be enrolled, with a higher education provider that is not a * Table A provider, in a unit of study, the provider must enrol the person in the unit as a * Commonwealth supported student if:

  (a)   completion of the unit is in furtherance of a * national priority; and

  (b)   places have been allocated to the provider under section   30 - 10 in respect of that national priority for the year in which the person is enrolled in the unit; and

  (c)   the provider is not prohibited, under Subdivision   36 - B, from advising the person that the person is a Commonwealth supported student in relation to the unit.

  (4)   Subsection   (3) does not apply, and is taken never to have applied, in relation to that enrolment if:

  (a)   in respect of the year in which the person is enrolled in the unit, the provider has already filled, or fills, all of the * number of Commonwealth supported places in respect of that * national priority; or

  (b)   the person notifies an * appropriate officer of the provider that he or she does not wish to be a * Commonwealth supported student in relation to the unit.

Notices under paragraph   (4)(b)

  (5)   A notice under paragraph   (4)(b):

  (a)   must be in writing; and

  (b)   must be given on or before the * census date for the unit.