5Students receiving education at non‑government schools

5 Students receiving education at non‑government schools

(1) For the purposes of this Act, a student is taken not to be receiving primary education or not to be receiving secondary education (as appropriate) at a non‑government school unless: (a) the student attends, on a daily basis, the school at a location specified in the list of non‑government schools in respect of the school; or (b) the Minister has determined that the student is to be treated (because of special circumstances) as so attending the school. (2) For the purposes of this Act, a student is taken not to be receiving primary distance education or not to be receiving secondary distance education (as appropriate) at a non‑government school in a State if: (a) the student does not reside in the State; or (b) the school is not approved in accordance with the law of the State in which the school is located to provide distance education; or (c) the student is approved as a home education student (however described) in accordance with the law of the State in which the student resides.