9Circumstances in which a person is, or is not, taken to be undertaking a qualifying apprenticeship

9 Circumstances in which a person is, or is not, taken to be undertaking a qualifying apprenticeship

(1) For the purposes of subsection 8(3) of the Act, this section prescribes circumstances in which a person is, or is not, taken to be undertaking a qualifying apprenticeship. (2) A person is taken to be undertaking a qualifying apprenticeship in the period: (a) beginning at the start of the day on: (i) if the person does not have an approved training contract—the person’s provisional commencement date; or (ii) if the person has a commencement date—that day; or (iii) if the person has a recommencement date—that day; and (b) ending at the end of the day on the day: (i) the person successfully completes the qualifying apprenticeship; (ii) if the person has an approved training contract—the person is no longer undertaking the qualifying apprenticeship; or (iii) a designated State/Territory training authority decides not to approve a person’s provisional training contract; as notified to the Secretary or the Department by a designated State/Territory training authority. (3) If, apart from this subsection, a person would be taken to be undertaking more than one qualifying apprenticeship: (a) the person is taken to be undertaking only one qualifying apprenticeship; and (b) the person may nominate, in the person’s application for Australian apprenticeship support loan under section 13 of the Act, which of those apprenticeships should be taken to be the person’s qualifying apprenticeship.

Note: Section 30 sets out transitional arrangements for a person who, before the commencement of this instrument, was undertaking a qualification in the horticulture sector specified on the TSL Priority List and was not working in a rural or regional area.