Commonwealth Scholarships and Awards Regulations (Amendment) (Cth)

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Statutory Rules

1974 No. 180

REGULATIONS UNDER THE EDUCATION ACT 1945-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Education Act 1945-1973.

Dated this first day of October, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

KIM E. BEAZLEY

Minister of State for Education.

__________

Amendments of the Commonwealth Scholarships and Awards Regulations 

Fees of students not in receipt of living allowance.

1. Regulation 10 of the Commonwealth Scholarships and Awards Regulations is amended by omitting the words “may be granted” and substituting the words “, not being a student to whom regulation 10a applies, shall be granted”.

2. After Regulation 10 of the Commonwealth Scholarships and Awards Regulations the following regulation is inserted:—

Fees of students in receipt of living allowance.

“10a. (1) A student who is awarded a Commonwealth scholarship and to whom living allowance is payable under Division 3 in a year in respect of which the scholarship is awarded shall be granted, in respect of that year, fees of a prescribed kind payable in connexion with his course of study or attendance at a University or approved institution.

“(2) For the purposes of sub-regulation (1), each of the following kinds of fees are fees of a prescribed kind:—

(a) tuition fees;

(b) examination fees;

(c) fees in respect of the conferring of a degree or diploma; and

(d) other fees not being—

(i) fees imposed by a faculty or department of a University or approved institution;

(ii) fees for residence at a University or approved institution or fees for any board or lodgings;

(iii) fees the payment of which is voluntary; or

* Notified in theAustralian Government Gazette on 8 October 1974.

  Statutory Rules 1951, No. 9, as amended by Statutory Rules 1956, No. 26; 1957, No. 61; 1958, No. 8; 1959, No. 67; 1960, No. 80; 1961, No. 58; 1962, No. 38; 1964, No. 159: 1966, Nos. 3 and 182; 1967, No. 162; 1969, No. 20; 1970, No. 52; 1971, No. 53; 1972, Nos. 39 and 148; and 1973, No. 56.

(iv) fees in respect of membership of a students’ representative council, a students’ union, a students’ sports union or similar organization.”.

Travel allowances for students not in receipt of living allowance.

3. Regulation 11 of the Commonwealth Scholarships and Awards Regulations is amended—

(a) by omitting from sub-regulation (1) the words “may be granted” and substituting the words “, not being a student to whom regulation 10a applies, shall be granted ”;

(b) by omitting from sub-regulation (1a) the words “may be granted” and substituting the words “, not being a student to whom regulation 10a applies, shall be granted ”;

(c) by inserting after sub-regulation (3) the following sub-regulation:—

“(3a) Notwithstanding sub-regulation (3), where a student undertakes the whole, or a part, of a journey by aeroplane and it would be unreasonable, having regard to—

(a) illness of the student;

(b) the physical incapacity of the student; or

(c) the distance or travelling time between the student’s home and the University or approved institution at which he is undertaking his course of study,

to expect the student to undertake the journey, or that part of the journey, by any other means, ‘the appropriate fare’, in relation to the journey, or that part of the journey, means the fare for economy class air travel for the journey, or that part of the journey, as the case may be.”; and

(d) by omitting from sub-regulation (4) the words “the last preceding sub-regulation” and substituting the words “sub-regulation (3) or (3a)”.

4. After Regulation 11 of the Commonwealth Scholarships and Awards Regulations the following regulation is inserted:—

Travel allowance for students in receipt of living allowance.

“11a. (1) Where, in a year for which his scholarship is awarded, a student to whom regulation 10a applies—

(a) makes a journey from his home to a University or approved institution in order to commence his course of study for the year;

(b) makes a journey from the University or approved institution to his home and back to the University or approved institution during a vacation other than the summer vacation; or

(c) makes a journey from the University or approved institution to his home upon the completion of his course of study for that year or upon the discontinuation of his course in that year,

a fares allowance calculated in accordance with this regulation is payable to the student in respect of the fares paid or payable by or in respect of the student for the journey.

“(2) Allowance is payable in a year under sub-regulation (1) in respect of the fares paid or payable by or in respect of the student for no more than the following number of journeys referred to in sub-regulation (1):—

(a) where the student is undertaking a course of study of not more than three months in duration at a University or approved institution —one journey of the kind referred to in paragraph (1) (a) and one journey of the kind referred to in paragraph (1) (c);

(b) where the student is undertaking a course of study of more than three months, but not exceeding six months, in duration at a University or approved institution—one journey of each of the kinds referred to in paragraphs (1) (a), (1) (b) and (1) (c); and

(c) where the student is undertaking a course of study exceeding six months in duration at a University or approved institution—one journey of the kind referred to in paragraph (1) (a), two journeys of the kind referred to in paragraph (1) (b) and one journey of the kind referred to in paragraph (1) (c).

“(3) The amount of the allowance payable under sub-regulation (1) in respect of a journey is the amount equal to the appropriate fare for the journey, or the actual cost incurred in making the journey, whichever is the less.

“(4) In this regulation, ‘the appropriate fare’, in relation to a journey, means—

(a) if second class rail travel is available for the whole of the journey— the fare for second class rail travel for the whole of the journey;

(b) if second class rail travel is available for part, or parts, only of the journey—an amount equal to the sum of—

(i) the fare or fares for second class rail travel for that part, or those parts, as the case may be, of the journey; and

(ii) the fare or fares payable for travel for the remainder of the journey by the most convenient other method of public transport; or

(c) in any other case—the fare, or sum of the fares, payable for travel by the most convenient form of public transport.

“(5) Notwithstanding sub-regulation (4), where a student undertakes the whole, or a part, of a journey by aeroplane and it would be unreasonable, having regard to—

(a) illness of the student;

(b) the physical incapacity of the student; or

(c) the distance or travelling time between the student’s home and the University or approved institution at which he is undertaking his course of study,

to expect the student to undertake the journey, or that part of the journey, by any other means, ‘the appropriate fare’, in relation to the journey, or that part of the journey, means the fare for economy class air travel for the journey, or that part of the journey, as the case may be.

“(6) A reference in sub-regulation (4) or (5) to a fare for a journey or part of a journey shall be read, where the student is entitled to make the journey or the part of the journey on payment of a fare calculated as a concessional rate, as a reference to the fare so calculated.

“(7) An allowance is payable under this regulation whether the student travels by rail or by some other means of transport.”.

Repeal of regulation 12.

5. Regulation 12 of the Commonwealth Scholarships and Awards Regulations is repealed.

6. Divisions 3 and 4 of Part II of the Commonwealth Scholarships and Awards Regulations are repealed and the following Division substituted:—

Division 3—Living Allowance and Incidentals Allowance

Living allowance.

“13. A full-time student who has been awarded a Commonwealth scholarship (whether an ordinary scholarship or a mature age scholarship) and to whom living allowance would be payable in respect of the year 1974 under the Student Assistance Act 1973 if—

(a) that Act and the Student Assistance Regulations had come into operation on 1 January 1974; and

(b) the full-time student had, on 1 January 1974, been granted Tertiary Education Assistance under that Act in respect of the year 1974,

is entitled to living allowance in respect of the year 1974 at the rate at which he would be entitled to living allowance under the Student Assistance Act 1973 if that Act and the Student Assistance Regulations had so come into operation and the full-time student had been so granted that Tertiary Education Assistance.

Incidentals allowance for students in receipt of living allowance.

“14. A full-time student who has been awarded a Commonwealth scholarship (whether an ordinary scholarship or a mature age scholarship) and to whom living allowance is payable under regulation 13 in respect of the year 1974 is entitled to an incidentals allowance in respect of that year—

(a) in the case of a student who is the holder of a Commonwealth University scholarship—of $100; or

(b) in the case of a student who is the holder of a Commonwealth Advanced Education scholarship—of $70.”.

Grant of awards.

7. Regulation 14a ofthe Commonwealth Scholarships and Awards Regulations is amended by inserting after the words “Australian universities” the words “and approved institutions”.

Repeal of regulation 18.

8. Regulation 18 ofthe Commonwealth Scholarships and Awards Regulations is repealed.

Commencement.

9. These Regulations shall be deemed to have come

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