35Exempt students

#### 35 Exempt students (1) This section has effect for the purposes of this Chapter. (2) A post‑graduate award student in relation to a post‑graduate course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester. (3) A person who proposes to attend or participate in but not to enrol for, is attending or participating in but is not enrolled for, or has attended or participated in but was not enrolled for, a course of study is, and shall be taken to have been at all times, an exempt student in relation to that course of study. (4) An overseas student in relation to a course of study at an institution in respect of a semester is an exempt student in relation to that course of study in respect of that semester. (4A) A student of The University of Notre Dame Australia who pays fees for a course of study at that University in respect of a semester is an exempt student in relation to that course of study in respect of that semester. (5) A student is an exempt student in relation to a course of study in respect of a semester if: (a) all of the places in that course of study in respect of that semester are fully funded by an employer within the meaning of subsection (6); and (b) at least some of the places so funded are funded to assist the institution providing the course to meet the needs of the employer; and (c) the student will occupy one of those fully funded places whether or not the student is an employee of the employer. (5A) A student is an exempt student in relation to a course of study in respect of a semester if: (a) the student will occupy a place in that course of study in respect of that semester; and (b) that place is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth; and (c) the student is, in accordance with guidelines issued by the Minister for the purposes of this section, declared by the institution providing the course of study to be an exempt student. (5B) The Minister may make guidelines for the purposes of subsection (5A) setting out the circumstances in which an institution may declare that a student occupying a place in a course of study in respect of a semester: (a) that is provided by that institution; and (b) that is jointly funded by an employer within the meaning of subsection (6) and by the Commonwealth; is an exempt student. (6) In subsections (5), (5A) and (5B), employer means a person who pays, or is liable to pay, salary or wages and includes: (a) the Commonwealth, a State or a Territory; or (b) any instrumentality of the Commonwealth, a State or a Territory. (7) A student is an exempt student in relation to a course of study at an institution in respect of a semester if: (a) the institution has awarded the student a merit‑based equity scholarship for the course; and (b) the institution awarded the scholarship in accordance with guidelines issued by the Minister for the purposes of this subsection. (8) A student is an exempt student in relation to a course of study in respect of a semester if: (a) the student is a New Zealand citizen because of the operation of section 29 of the Citizenship Act 1977 of New Zealand; and (b) the student’s study is being sponsored or funded by the Australian International Development Assistance Bureau; and (c) fees in respect of the student for the course of study are to be charged under guidelines issued under paragraph (d) of the definition of fees in section 3.