Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, a student is taken not to be receiving primary education or not to be receiving secondary education (as appropriate) at a non - government school unless:
(a) the student attends, on a daily basis, the school at a location specified in the list of non - government schools in respect of the school; or
(b) the Minister has determined that the student is to be treated (because of special circumstances) as so attending the school.
(2) For the purposes of this Act, a student is taken not to be receiving primary distance education or not to be receiving secondary distance education (as appropriate) at a non - government school in a State if:
(a) the student does not reside in the State; or
(b) the school is not approved in accordance with the law of the State in which the school is located to provide distance education; or
(c) the student is approved as a home education student (however described) in accordance with the law of the State in which the student resides.