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immediately before that day; is taken to be a determination under subsection (1) of this section and may be amended or repealed accordingly.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.