Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003

If:

a person is enrolled with an institution in a unit of study that forms part of a course of study that the person started before 1 January 2005; and

the period over which the person is undertaking the unit ends on or before 31 December 2008; and

the person is an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988, for the semester; and

the course is an eligible post‑graduate course of study within the meaning of section 98A of that Act; and

the Commonwealth had, under section 98G of that Act, discharged a liability that the person had incurred in relation to the course; and

the person:

is entitled to FEE‑HELP assistance for the unit; or

would be entitled to FEE‑HELP assistance for the unit but for paragraph 104‑1(1)(a) of the Higher Education Support Act 2003; and

the person has neither:

discontinued his or her enrolment in the course since that commencement (see item 7); nor

completed the requirements of the course;

if the institution is not (apart from this item) a higher education provider-the institution is taken, for the purposes of the application of the Higher Education Support Act 2003 in relation to the person and the unit, to be a higher education provider; and

if subparagraph (f)(ii) applies-the person is taken, for the purposes of that Act, to be entitled to FEE‑HELP assistance for the unit.

A person cannot establish for the purposes of subitem (1) that he or she is an eligible student, within the meaning of section 98B of the Higher Education Funding Act 1988, more than 6 weeks after the census date for the unit.