Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (1A), a person is an eligible student for the purposes of this Part in relation to a year or a part of a year if:
(a) the person is undertaking, or proposes to undertake, at an education institution in that year or that part of that year, a prescribed course of study or instruction; and
(b) either of the following subparagraphs applies:
(i) the person qualifies for a prescribed benefit under the ABSTUDY scheme in respect of that year or that part of that year;
(ii) the adjusted parental income in relation to the person in respect of that year or that part of that year is less than such amount as is prescribed by the regulations and, except for the parental income test applicable under the ABSTUDY scheme, the person would have qualified for a prescribed benefit under that scheme in respect of that year or that part of that year.
(1A) A person is not an eligible student in relation to a year, or a part of a year, that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent.
(2) If:
(a) a person is undertaking a course of study or instruction, or a part of a course of study or instruction, offered by an education institution; and
(b) for the purposes of that course or that part of that course, the person is required or allowed by that institution to attend, and attends, a place other than:
(i) that institution; or
(ii) a place in respect of which a determination under subsection (3) is in force;
the person is, for the purposes of this section, taken to be undertaking that course or that part of that course wholly at that institution.
(3) The Minister may, by legislative instrument, determine that subsection (2) does not apply in relation to a place, or a class of place, specified in the determination.
(5) If a person is undertaking, or proposes to undertake, by correspondence with an education institution:
(a) a course of study or instruction; or
(b) a part of a course of study or instruction;
offered by that education institution, the person is, for the purposes of this section, taken to be undertaking that course, or that part of that course, wholly at that institution.