Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral
(1) For the purposes of this Part, a person is undertaking qualifying study if the Secretary is satisfied that:
(a) the person:
(i) is enrolled in a course of education at an educational institution; or
(ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re - enrol in the course when re - enrolments in the course are next accepted; or
(iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and
(b) the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 1061PC); and
(ba) if the course is an accelerator program course or a combined course that includes an accelerator program course--the person is entitled to STARTUP - HELP assistance for the accelerator program course; and
(c) the person is a full - time student or a concessional study - load student in respect of that course (see sections 1061PD and 1061PE); and
(d) if the course is a combined course or a course other than an accelerator program course--the person satisfies the progress rules (see sections 1061PH and 1061PI).
Note: For combined courses, see the legislative instrument made under section 5D of the Student Assistance Act 1973 .
Persons not undertaking qualifying study
(2) A person is not undertaking qualifying study if the person:
(a) is employed on a full - time basis as an apprentice or trainee under an industrial instrument or the National Employment Standards, and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or
(b) has completed a course for:
(i) a degree of Master or Doctor at an educational institution; or
(ii) a qualification at a foreign institution that is, in the Secretary's opinion, of the same standing as a degree of Master or Doctor at an educational institution.
Note: For educational institution see subsection 23(1).
Taken to be undertaking qualifying study from 1 January
(3) For the purpose of subsection (1), a person is taken to have been undertaking qualifying study from 1 January in a particular year if:
(a) the person is enrolled in a course of education that is a full year course starting before 1 April in that year; and
(b) the person starts his or her full year course before that day; and
(c) either:
(i) the person did not undertake full - time or part - time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or
(ii) the person did not undertake full - time or part - time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person's illness or to other circumstances beyond the person's control.
Taken to be undertaking qualifying study from 1 July
(4) For the purpose of subsection (1), a person is taken to have been undertaking qualifying study from 1 July in a particular year if:
(a) the person is enrolled in a course of education that is a full year course starting on or after 1 July in that year; and
(b) the person starts his or her full year course on or after that day; and
(c) either:
(i) the person did not undertake full - time or part - time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or
(ii) the person did not undertake full - time or part - time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person's illness or to other circumstances beyond the person's control.
Taken to be undertaking qualifying study until 31 December
(5) For the purpose of subsection (1), a person is taken to be undertaking qualifying study until the end of 31 December in a particular year if:
(a) the person completes his or her course of education after 15 September but before 31 December in that year; and
(b) the person's course of education is a full year course or a late starting course.
(6) In paragraph (2)(a):
"industrial instrument" means an award, determination or agreement (however described) that:
(a) is made under or recognised by a law of the Commonwealth or of a State or Territory that:
(i) regulates the relationships between employers and employees; or
(ii) provides for the prevention or settlement of disputes between employers and employees; and
(b) concerns the relationship between an employer and the employer's employees, or provides for the prevention or settlement of a dispute between an employer and the employer's employees.
"National Employment Standards" has the same meaning as in the Fair Work Act 2009 .