(1) Subject to subsection (2), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is undertaking qualifying study (see section 569A).
Persons who do not satisfy the activity test
(2) A person cannot be taken to satisfy the activity test if the person:
(a) is a new apprentice; or
(b) has completed a course for:
(i) a degree of Doctor at an educational institution; or
(ii) a qualification at a foreign institution that is, in the Secretary's opinion, of the same standing as a degree of Doctor at an educational institution.
Note: For educational institution see subsection 23(1).