12Tertiary courses—transitional arrangements for certain Schedule 2 courses and Schedule 3 courses

12 Tertiary courses—transitional arrangements for certain Schedule 2 courses and Schedule 3 courses

(1) For the purposes of paragraph 11(1)(c) of this instrument, this section applies to a course if: (a) the course is specified in Column 1 of item 5, 6, 8, 9, 10 or 11 of the table in Schedule 2 to this instrument; and (b) it was a tertiary course under an instrument made under subsection 5D(1) of the Act; and (c) the course is not a tertiary course under paragraph 11(1)(a) of this instrument. (2) For the purposes of 11(1)(c) of this instrument, this section applies to a course if: (a) the course is or was specified in Column 2 of the table in Schedule 3 to: (i) this instrument; or (ii) the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2); and (b) it was a tertiary course under an instrument made under subsection 5D(1) of the Act; and (c) the course is not a tertiary course under paragraph 11(1)(b) of this instrument. (3) This section does not apply to a course in relation to a student, if: (a) the course was not a tertiary course, under an instrument issued under subsection 5D(1) of the Act, at the time when the student commenced the course; or (b) immediately before the course ceased to be a tertiary course under paragraphs 11(1)(a) or (b) of this instrument, the student was not receiving a student payment for the course; or (c) at or after the time the course ceased to be a tertiary course under paragraphs 11(1)(a) or (b) of this instrument, but before the student completes the course, the student ceases to be receiving a student payment for the course. (4) For the purposes of this section, a student is receiving a student payment for the course if the student is receiving any of the following because the student is undertaking the course: (a) austudy payment under the Social Security Act 1991; (b) assistance under the ABSTUDY scheme; (c) youth allowance under the Social Security Act 1991 because the student is undertaking full‑time study; (d) pensioner education supplement under the Social Security Act 1991.

Schedule 1 Secondary courses

(section 10)