(1) Subject to subsection (2), a person is eligible to obtain financial supplement for a period (an eligibility period ) that is a year or a part of a year if:
(a) the person is undertaking, or intending to undertake, a tertiary course at an educational institution throughout the period; and
(b) the person does not undertake a course of primary or secondary education at any time during the period; and
(c) the person is a category 1 student or a category 2 student in respect of the period; and
(d) the amount of financial supplement that the person is eligible to obtain under Division 6 for the year is not less than the minimum amount of financial supplement.
(2) A person is not eligible to obtain financial supplement for an eligibility period that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent.