44AMeaning of offshore provided Australian course of study

#### 44A Meaning of offshore provided Australian course of study (1) An offshore provided Australian course of study means an Australian course of study that is provided at offshore premises, but does not include a course, or a course included in a class of courses: (a) covered by subsection (2); or (b) that the Minister determines under subsection (3) is not an offshore provided Australian course of study. (2) For the purposes of paragraph (1)(a), each of the following is not an offshore provided Australian course of study: (a) an Australian course of study with a higher education provider that involves a formal exchange agreement between the provider and another entity that is not in Australia (the offshore entity) that provides for the undertaking of study: (i) with the offshore entity at an offshore premises; and (ii) for a period of no longer than 12 months; and (iii) that contributes to the requirements of the course of study; (b) an Australian course of study with a higher education provider that involves the undertaking of research: (i) not in Australia; and (ii) that contributes to the requirements of the course of study. (3) For the purposes of paragraph (1)(b), the Minister may, by legislative instrument, determine that a course, or a course included in a class of courses, is not an offshore provided Australian course of study. (4) Without limiting subsection (3), a class of courses may be determined by reference to any matter, including, but not limited to, any of the following: (a) the kind of course; (b) the kind of provider accredited to provide the course; (c) any other circumstances applying in relation to the course.