AUSTUDY Regulations (Amendment) (Cth)

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Statutory Rules 1996

No. 21 1

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AUSTUDY Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Student and Youth Assistance Act 1973.

Dated 29 January 1996.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

ROSS FREE

Minister for Schools, Vocational Education and Training

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1.   Amendment

1.1   The AUSTUDY Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New Chapter 6B

2.1   After Chapter 6A, insert:

Chapter 6B

Schooling Incidentals Allowance

103

Interpretation

103. In this Chapter:

‘SIA’ means the Schooling Incidentals Allowance payable under this Chapter.

104

Who can get SIA?

104. (1)  A student can get SIA in a year if:

(a) he or she is a secondary student; and

(b) at some time between 1 January and 31 March in that year, he or she qualifies as independent under regulation 72, 73, 74, 75 or 76.

(2)   A student cannot get SIA in a year if:

(a) he or she has already been paid SIA in that year; or

(b) he or she has been paid a Schooling Incidentals Allowance or an Incidentals Allowance under the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme) in that year.

105

How much is SIA?

105.  (1)  SIA for the year 1996 is a single payment of $300.

(2)  SIA for a year later than 1996 is a single payment of the amount worked out by multiplying SIA for the year before that later year by the indexation factor for that later year.

(3) For the purposes of subregulation (2), the indexation factor is identical to the indexation factor applied in section 12ZZA of the Act for the purposes of that section.

106

How might an overpayment of SIA arise?

106. If a student has been paid SIA in a year, and he or she has not begun to study in the course for which that amount was paid by the end of the second week of classes in the first term or semester of the course, the amount paid is taken to be a student assistance overpayment for the purposes of Part 6 of the Act.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 January 1996.

2. Statutory Rules 1990 No. 443 as amended by 1991 No. 480; 1992 Nos. 24 and 399; 1993 No. 367; 1994 Nos. 13, 91 and 409; 1995 No. 132 and 393.

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