Student Assistance Regulations (Amendment) (Cth)
REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973*
I,THE GOVERNOR-GENERAL of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated this twenty-ninth day of November
John R Kerr
Governor-General
By His Excellency’s Command,
Minister of State for Education
AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS
(a) by omitting from paragraph (j) of sub-regulation (1) “ (being acourse in respect of which progress towards completion is calculated on the basis of subject passes) ”;
(b) by omitting sub-paragraph (ii) of paragraph (a) of sub-regulation (3) and substituting the following subparagraphs:
“ (ii) a diploma course or associate diploma course (other than a post-graduate diploma course, graduate diploma course or post-diploma course) at a university or advanced education institution;
*
Notified in the
Statutory Rules 1974, No. 179 as amended by Statutory Rules 1974, Nos. 235 and 258; 1975, Nos. 136, 203 and 219; 1976, Nos. 92, 121, 286, 287, 292 and 293; and 1977, No. 5, 209, 210, 211 and 219.
15953/77—Cat. No. —Recommended retail price 30c 14/9.11.1977
(iii) an approved course that is a qualification for admission to practise as alegal practitioner of the High Court or of the Supreme Court of a State or Territory;”;
(c) by omitting sub-paragraphs(i) and (ii) of paragraph (b) ofsub-regulation (3) and substituting the following sub-paragraphs:
‘(i) a diploma course or associate diploma course (including a post-graduate diploma course, graduate diploma course or post-diploma course) at a university or advanced education institution;
(ii) a degree course( including a post-graduate bachelor degree course) at auniversity or advanced education institution; or
(iii) an approved course that is a qualification for admission to practise as a legal practitioner of the High Court or of the Supreme Court of a State or Territory,”;
(d) by inserting after sub-regulation (5) the following sub-regulation:
“ (5aa) For the purposes of paragraph (1) (h), a reference, in relation to a course of study or instruction, toa year of study that an applicant undertook—
(a) as a part-time student shall beread as areference to an academic year during any part of which the applicant undertook the work of the course as a part-time student or was not enrolled to undertake the course;
(b) as a full-time student does not include areference to an academic year during any part of which the applicant undertook the course as a part-time student or was not enrolled to undertake the course”; and
(e) by omitting sub-regulation (11) and substituting the following sub-regulation:
“ (11)In this regulation, a reference, in relation toan application for Assistance in respect of a period in the relevant year, to a repeat year of study undertaken byan applicant shall be read as a reference to a year of study of a course of study or instruction in respect of which the
applicant would, by virtue of paragraph (1)(g) or (h) as in force at the commencement of the relevant year, have been ineligible to be granted Assistance—
(a) in the case of a course that the applicant commenced to undertake in Australia before the commencement of the Act—if the Act and. these Regulations as so in force, other than sub-regulation (5), had been in operation from the commencement of the course, if the course had been an approved course and if the applicant had applied for Assistance in respect of the course; or
(b) in the case of a course that the applicant commenced to undertake in Australia after the commencement of the Act—if sub-regulation (5) had not come into operation.”.
(a) by omitting from sub-regulation (1) “ post-graduate bachelor degree course ” and substituting “ post-graduate bachelor degree course,”; and
(b) by omitting from sub-regulation (3)“ other than a postgraduate bachelor degree course ” and substituting “, other than a post-graduate bachelor degree course,”.
“ (7) In this regulation, ‘course of technical education’ does not include a course of study or instruction—
(a) undertaken at a university; or
(b) that is a course of advanced education whether undertaken at an advanced education institution or a technical college”
“ (6) For the purposes of this regulation, where during a period a grantee does not undertake a part of his approved course, he shall be deemed not to be enrolled to undertake that part of his approved course during that period.
“ (7) For the purposes of this regulation, where in the relevant year a grantee is undertaking, or proposes to undertake, in his approved course an annual unit in a subject of study and a semester unit in that subject of study, the work of each such annual unit shall be deemed to be of the same amount as the work of 2 such semester units.”.
“ 45. (1) Where sub-regulation (4) or (5) applies in respect of an applicant in respect of his approved course in respect of a period, sub-regulation (3) does not: apply in respect of the applicant in respect of the approved course in respect of that period.
“ (2) Where sub-regulation (5) applies in respect of an applicant in respect of his approved course in respect of a period, sub-regulation (4) does not apply in respect of the applicant in respect of the approved course in respect of that period.
“ (3) Where an authorized person receives after 31 March in the relevant year an application for Assistance inrespect of an applicant in respect of an approved course in respect of a period, in the relevant year, commencing before 1 July, living allowance is notpayable in respect of the applicant in respect of the approved course in respect of tire period, in the relevant year, before the date on which the authorized person receives the application.
“ (4) Where—
(a) living allowance is not payable in respect of an applicant in respect of his approved course in respect of a period, in the relevant year, commencing before 1 July;
(b) but for this sub-regulation, living allowance would, by reason of a change of circumstances, have become payable in respect of the applicant in respect of such a period; and
(c) an authorized person receives an application for Assistance in respect of the applicant in respect of the approved course—
(i) after 31 March in the relevant year; and
(ii) more than 4 weeks after the commencement of the period referred to in paragraph (b),
living allowance is not payable in respect of the applicant in. respect of the approved course in respect of the period, in the relevant year, before the date on which the authorized person receives the. application.
“ (5) Where—
(a) an authorized person receives an application for Assistance in respect of an applicant in respect of an approved course in respect of a period, in the relevant year, commencing before 1 July;
(b) by reason of circumstances referred to in the application, living allowance is not payable in respect of the applicant in respect of the approved course in respect of such a period;
(c) the authorized person, in response to the application, sends the applicant a notice in writing thatliving allowance is not payable in respect of the applicant, or that the applicant is not eligible to be granted Assistance, in respect of such a period;
(d) but for this sub-regulation, living allowance would, by reason of circumstances not referred to in the application, have become payable in respect of the applicant in respect of such a period; and
(e) an authorized person receives written notification of the circumstances referred to in paragraph (d)—
(i) after 31 March in the relevant year; and
(ii) more than 4 weeks after the commencement of the period referred to in paragraph (d),
living allowance is not payable in respect of theapplicant in respect of the approved course in respect of the period, in the relevant year, before the date on which the authorized person receives the notification.
“ 45a. (1) Where sub-regulation (4)or (5) applies in respect of an applicant in respect of his approved course in respect of a period, sub-regulation (3) does not apply in respect of the applicant in respect of the approved course in respect of that period.
“ (2) Where sub-regulation (5) applies in respect of an applicant in respect of his approved course in respect of a period, sub-regulation (4) does not apply in respect of the applicant in ‘respect” of the approved course in respect of that period.
“ (3) Where an authorized person receives after 31 July in the relevant year an application for Assistance in respect of an applicant in respect of an approved course in respect of a period, in the relevant year, commencing after 30 June, Jiving allowance is not payable in respect of the applicant in respect of the approved course in respect of the period, in the relevant year, before the date on which the authorized person receives the application.
“ (4) Where—
(a) living allowance is not payable in respect of an applicant in respect of his approved course in respect of a period, in the relevant year, commencing after 30 June;
(b) but for this sub-regulation, living allowance would, by reason of a change of circumstances, have become payable in respect of the applicant in respect of such a period; and
(c) an authorized person receives an application for Assistance in respect of the applicant in respect of the approved course—
(i) after 31 July in the relevant year; and
(ii) more than 4 weeks after the commencement of the period referred to in paragraph (b),
living allowance is not payable in respect of the applicant in respect of the approved course in respect of the period, in the relevant year, before the date on which the authorized person receives the application.
“ (5) Where—
(a) an authorized person receives an application for Assistance in respect of an applicant in respect of an approved course in respect of a period, in the relevant year, commencing after 30 June;
(b) by reason of circumstances referred to in the application, living allowance is not payable in respect of the applicant in respect of the approved course in respect of such a period;
(c) the authorized person, in response to the application, sends the applicant a notice in writing that living allowance is not payable in respect of the applicant, or that the applicant is not eligible to be granted Assistance, in respect of such a period;
(d) but for this sub-regulation, living allowance would, by reason of circumstances not referred to in the application, have become payable in respect of the applicant in respect of such a period; and
(c) an authorized person receives written notification of the circumstances referred to in paragraph (d) —
(i) after 31 July in the relevant year; and
(ii) more than 4 weeks after the commencement of the period referred to in paragraph (d),
living allowance is not payable in respect of the applicant in respect of the approved course in respect of the period, in the relevant year, before the date on which the authorized person receives the notification.
“ 45b. (1) Where this regulation applies in respect of an applicant in respect of his approved course in respect of a period, regulations 45 and 45a do not apply in respect of the applicant in respect of the approved course in respect of that period.
“ (2) Where sub-regulation (4) applies in respect of an applicant in respect of his approved course in respect of a period, sub-regulation (3) does not apply in respect of the applicant in respect of the approved course in respect of that period.
“ (3) Where—
(a) an applicant is undertaking an approved course that has a duration of 20 weeks or less; and
(b) an authorized person receives an application for Assistance in respect of the applicant more than 4 weeks after the date on which living allowance would, but for this sub-regulation, have become payable in respect of the applicant,
living allowance is not payable in respect of the applicant in respect of his approved course, in respect of the period, in the relevant year, before the date on which the authorized person receives the application.
“ (4) Where—
(a) an applicant is undertaking, or proposes to undertake, an approved course that has a duration of 20 weeks or less;
(b) an authorized person receives an application for Assistance in respect of the applicant in respect of the approved course;
(c) by reason of circumstances referred to in the application, living allowance is not payable in respect of the applicant in respect of the approved course in respect of a period, in the relevant year, commencing on or after the commencement of the approved course;
(d) an authorized person, in response to the application, sends the applicant a notice in writing that living allowance is not payable in respect of the applicant, or that the applicant is not eligible to be granted Assistance, in respect of such a period;
(e) but for this sub-regulation living allowance would, by reason of circumstances not referred to in the application, have become payable in respect of the applicant in respect of such a period; and
(f) an authorized person receives more than 4 weeks after the commencement of the period referred to in paragraph (e) written notification of the circumstances referred to in paragraph (c),
living allowance is not payable in respect of the applicant in respect of the approved course in respect of the period, in the relevant year, before the date on which the authorized person receives the notification.
“ 45c. (1) Where a. grantee does not commence to undertake his approved course during a. period before 1 July in the relevant year, living allowance, is not payable in respect of the grantee in respect of that period in the relevant year.
“ (2) In respect of an approved course having a duration of 20 weeks or less, living allowance is not payable in respect of the period before the commencement of the approved course.”.
“ 93. (1) Where a document in writing is required, under these Regulations, to be given, produced or furnished to, or received by, an authorized person or an authority, the document shall be deemed to have been so given, produced, furnished or received on the date on which it was first received in an office, or by an officer, of the Department.
“ (2) Where a document in writing is required, under these Regulations, to be given, produced or furnished to, or received by, an authorized person, the Secretary shall make arrangements for the date on which, it was first received in an office, or by an officer, of the Department to be recorded on the document.”.
Printed by Authority by the Acting Commonwealth Government Printer
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