41Requirements before enrolment or undertaking course

#### 41 Requirements before enrolment or undertaking course (1) An institution shall not permit a contributing student who is not an excepted student to enrol for, or undertake, a designated course of study in a semester unless: (a) the student: (i) has paid to the institution 75% (or such greater percentage as the student chooses) of the contribution that the institution assesses will be payable by the student in respect of the course of study in respect of that semester if the student is undertaking the course of study as a contributing student on the census date in respect of the course of study in respect of that semester; and (ii) has given to the appropriate officer of the institution a document in the approved form, signed by the student, stating that the student requests the Commonwealth, in the event of the student undertaking the course of study as a contributing student on the census date in respect of the course of study in respect of any semester and paying at least 75% of the contribution payable by the student in respect of the course of study in respect of the semester concerned, to pay to the institution the remainder (if any) of that contribution in discharge of the student’s liability to pay that remainder of that contribution; or (b) the student has given to the appropriate officer of the institution a document in the approved form, signed by the student: (i) stating that the student asks the Commonwealth, if the student is undertaking the course of study as a contributing student on the census date for the course of study for any semester without having paid at least $500 or at least 75% of the contribution payable by the student for the course of study for the semester concerned (providing that this amount is less than $500): (A) to lend to the student an amount equal to the unpaid part of the contribution; and (B) to apply the amount lent in discharge of the student’s liability to pay the unpaid part of the contribution; and (ii) acknowledging that, if the Commonwealth complies with the request, the student will be liable to make payments in accordance with Chapter 5A; or (c) subsection (1A) applies to the student. (1A) This subsection applies to the student if the student: (a) has made a student payment (see subsection (1B)) to the institution in respect of a course of study in a semester; and (b) has made the student payment on or before the census date in respect of the course in respect of that semester; and (c) has given to the appropriate officer of the institution a document in the approved form, signed by the student: (i) stating that the student asks the Commonwealth, if the student is undertaking the course as a contributing student on the census date for the course for a semester and has made a student payment for the course: (A) to lend to the student an amount (the formula amount) worked out using the following formula:  (B) to apply the money lent in paying to the institution, in discharge of the student’s liability to pay the remainder of the assessed contribution (see subsection (1B)), the amount of that assessed contribution outstanding after deducting from that assessed contribution the amount of the student payment; and (ii) stating that the student asks the Commonwealth if, having made one or more student payments in respect of the course, the student is undertaking the course in a later semester as a contributing student on the census date for the course without having made a student payment in respect of the course in that semester on or before the census date for the course for that semester: (A) to lend to the student an amount equal to the unpaid part of the assessed contribution; and (B) to apply the amount lent in discharge of the student’s liability to pay the unpaid part of the assessed contribution; and (iii) acknowledging that, if the Commonwealth complies with a request, the student will be liable to make payments in accordance with Chapter 5A. > Note: Example: If the student’s assessed contribution for the course of study is $2,350 and the student makes a payment of $1,000, the amount that the Commonwealth will lend to the student is $1,017, ie: > Note:  > Note: This amount is the formula amount (see sub‑subparagraph (1A)(c)(i)(A)). > Note: The amount that the Commonwealth will pay to the institution to discharge the student’s liability is $1350, ie: > Note:  > Note: The value to the student of the discount for making the student payment of $1,000 is $333 (this amount forms part of the amount the Commonwealth pays to the institution to discharge the student’s liability), ie: > Note:  (1B) For the purposes of subsection (1A): > assessed contribution, in relation to a course of study, means the contribution that an institution assesses will be payable by a student in respect of the course at the institution in respect of a semester, if the student is undertaking the course as a contributing student on the census date in respect of that course in respect of that semester. > student payment means an amount of $500 or more that is less than 75% of the assessed contribution payable by the student in respect of a course of study. (1C) If an amount worked out by using the formula in subsection (1A) is an amount made up of dollars and cents, then: (a) if the amount of cents in the amount is 50—the amount is to be rounded up to the nearest dollar; and (b) in any other case—the amount is to be rounded up or down to the nearest dollar. (2) An institution must not permit a contributing student who is an excepted student to enrol for, or undertake, a designated course of study in a semester unless the student has paid to the institution the total amount of the contribution that the institution assesses will be payable by the student in respect of the course of study in respect of that semester if the student is undertaking the course of study as a contributing student on the census date in respect of the course of study in respect of that semester. (3) In subsections (1) and (2), excepted student, in relation to a designated course of study in respect of a semester, means: (a) a student who, on the day (enrolment day) on which he or she completes enrolment for the course in respect of that semester, is a New Zealand citizen, other than a New Zealand citizen who: (i) is also an Australian citizen; or (ii) is the holder of a permanent visa and: (A) does not, on enrolment day, satisfy the prescribed residency requirements; or (B) if, on enrolment day, he or she satisfies the prescribed residency requirements—first satisfied those requirements on a day within the period of 12 months immediately preceding enrolment day; or (b) a student (other than a New Zealand citizen) who: (i) is a permanent resident; and (ii) on enrolment day satisfies the prescribed residency requirements; and (iii) first satisfied the prescribed residency requirements on a day more than one year before enrolment day; or (c) a student (other than a New Zealand citizen) who: (i) is a permanent resident; and (ii) will be resident outside Australia for the duration of a course in that semester for a reason other than a requirement of the course; but does not include a student who has been granted an approval to become an Australian citizen under section 24 of the Australian Citizenship Act 2007 and who has yet to make the pledge referred to in section 26 of that Act. (4) For the purposes of subsection (3), the prescribed residency requirements for a person on a particular day are that the person: (a) should have been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than one year during the period of 2 years immediately preceding that day; and (b) should have been present in Australia as a permanent resident for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that day. (5) In determining, for the purpose of subparagraph (3)(c)(ii), whether a person will be resident outside Australia for the duration of the designated course in a semester, any period of residence in Australia that cannot reasonably be regarded as indicating an intention to reside in Australia for the duration of the course in that semester must be disregarded.