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: Start formula Assessed contribution minus open bracket Student payment times start fraction 4 over 3 end fraction close bracket end 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.