5DMinister may determine secondary and tertiary courses etc.

#### 5D Minister may determine secondary and tertiary courses etc. (1) The Minister may, for the purposes of this Act, determine in writing that: (a) a course of study or instruction is a secondary course, or a tertiary course; or (b) a part of a course of study or instruction is a part of a secondary course, or a part of a tertiary course. (1A) To avoid doubt, a course of study or instruction includes an accelerator program course (within the meaning of the Higher Education Support Act 2003). (2) For the purposes of this section, a determination that: (a) was made under paragraph 7(1)(c) as in force before the day on which this section commences; and (b) was in force immediately before that day; is taken to be a determination under subsection (1) of this section and may be amended or repealed accordingly. (2A) A determination under subsection (1) may make provision for and in relation to a specified course, that ceases to be a secondary course or a tertiary course, continuing to be a secondary course or a tertiary course in relation to specified persons in specified circumstances. > Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. (3) A determination under subsection (1) is a legislative instrument.