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 tenth day of November 1977.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
J. L. CARRICK
Minister of State for Education
AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS
(a) by omitting from the definition of “ entry permit ” in sub-regulation (1) “
Migration Act 1958-1973 ” and substituting “Migration Act 1958 ”;(b) by inserting after the definition of “ entry permit ” in sub-regulation (1) the following definition:
“ ‘ Income Tax Assessment Act ’ means the
Income Tax Assessment Act 1936;”;(c) by inserting after the definition of “ sister ” in sub-regulation (1) the following definition:
“ ‘ Social Services Act ’ means the
Social Services Act 1947;”;
*
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. 147, 209, 210, and 211.
(d) by omitting from the definition of “ temporary entry permit ” in sub-regulation (1) “
Migration Act 1958-1973” and substituting “Migration Act 1958 ”;(e) by adding at the end of sub-regulation (1) the following definition:
“ ‘ year ’ means a period of 12 months commencing on a first day of January.”; and
(f) by omitting sub-regulations (2) and (3).
“ 29. (1) In this Part, unless the contrary intention appears—
‘ academic year ’, in relation to an approved course, means the period in the relevant year commencing on a day fixed by the person performing the functions of the academic registrar, however described, in the tertiary education institution offering the approved course;
‘ applicant ’ means a person who has applied for the grant of Assistance;
‘ approved course ’ means a course of study or instruction approved by the Minister for the purposes of section 10 of the Act;
‘ Assistance ’ means Tertiary Education Assistance granted under the Act;
‘ grantee ’ means a person granted Assistance in respect of an approved course;
‘ orphan ’ means—
(a) a person who has not been legally adopted where his natural parents are dead or where he has, or has had, only one acknowledged natural parent and that parent is dead; or
(b) a person who has been legally adopted where his adoptive parents are dead or where he has, or has had, only one adoptive parent and that parent is dead;
‘ relevant day ’ in relation to a person undertaking, or proposing to undertake, an approved course means the day in the relevant year on which he commences to undertake that approved course;
‘ relevant period ’, in relation to a grantee, means a period in the relevant year, other than a period referred to in regulation 43a or 43b or in sub-regulation 44 (3), in respect of which the application of these Regulations in relation to the grantee was not affected, at any time other than at the commencement of the period, by reason of—
(a) the grantee becoming, or ceasing to be, a grantee—
(i) deemed to be of independent status; or
(ii) referred to in sub-regulation 41 (3aa) or in paragraph 42 (2) (a);
(b) the application, or cessation of application, of paragraph 41 (3) (c) to the spouse of the grantee; or
(c) the fact that a brother or sister of the grantee becomes, or ceases to be, a brother or sister referred to in sub-regulation 42 (3), 42 (6) or 42 (12);
‘ relevant year ’ means—
(a) in relation to an applicant—the year in respect of which, or in respect of part of which, he has applied for Assistance; and
(b) in relation to a grantee—the latest year in respect of which, or in respect of part of which, he has been granted Assistance;
‘ ward ’ means a person who—
(a) is a ward for the purposes of the
Child Welfare Ordinance 1957 of the Australian Capital Territory; or(b) has a similar status, however described, under a law of a State or of another Territory which contains provisions corresponding to the provisions of that Ordinance.
“ (2) For the purposes of this Part, a person who is an applicant or a grantee shall be deemed to be of independent status if—
(a) he has attained, or will, during the relevant year, attain, the age of 25 years;
(b) he has, or has had, a spouse;
(c) he is an orphan;
(d) he is a ward or has ceased to be a ward by reason only of having attained the age at which, in accordance with the law of the State or Territory for the purposes of which he was a ward, a person ceases to be a ward;
(e) he has, in respect of periods amounting in the aggregate to not less than 104 weeks during the last 260 weeks, been a prescribed person;
(f) he was, at any time before the relevant year, a person deemed to be of independent status for the purposes of this Part; or
(g) he has, at any time, been granted educational assistance by the Commonwealth under—
(i) the Adult Secondary Education Assistance Scheme;
(ii) the Pre-School Teacher Education Allowances Scheme; or
(iii) the Secondary Allowances Scheme,
and has been treated, for the purposes of that Scheme, as having independent status.
“ (3) For the purposes of sub-regulation (2), a person is a prescribed person—
(a) in respect of a number of weeks during a period, being a number of weeks equal to the number (disregarding any remainder) ascertained in accordance with the formula—
where A is the total number of hours during which he was engaged for gain in employment or other work in each week during that period, being a week in which he was so engaged for periods amounting in the aggregate to not less than 10 hours but less than 25 hours;
(b) in respect of a week during which he was not a full-time student and engaged for gain in employment or other work—
(i) for periods amounting in the aggregate to not less than 25 hours; or
(ii) treated as, or as entitling the person to the benefit of having performed, full-time work under an industrial agreement or award applicable, directly or indirectly, to that employment;
(c) if he is not a full-time student and is on leave of absence from employment of a kind referred to in paragraph (b), being employment in which he engaged for a period of not less than one week immediately preceding the commencement of that leave of absence;
(d) if a duly qualified medical practitioner has certified, by instrument in writing produced to an authorized person, that the first-mentioned person is unable, by reason of illness or incapacity, to engage in employment and if the first-mentioned person is not for any other reason precluded from engaging in employment; and
(e) in respect of a period if, during that period, he was—
(i) a pensioner within the meaning of Part III or IV of the Social Services Act;
(ii) a beneficiary within the meaning of Part IVaaa, VII or VIII of the Social Services Act;
(iii) a service pensioner within the meaning of Division 5 of Part III of the
Repatriation Act 1920;(iv) a sufferer from tuberculosis to whom, or in respect of whom, an allowance under section 9 of the
Tuberculosis Act 1947 was payable;(v) a person in relation to whom the
States Grants (Deserted Wives) Act 1968 applied and for whom approved benefits within the meaning of that Act were provided;(vi) in receipt of benefit or assistance granted under the scheme known as the National Employment and Training System;
(vii) supplied with subsistence by a religious order if he was a member of that order or was otherwise engaged in the performance of the functions of that order or by a religious institution of which he was a member of the staff; or
(viii) in lawful custody.
“ (4) For the purposes of sub-regulation (3)—
‘ award ’ has the same meaning as in the
Conciliation and Arbitration Act 1904;‘ full-time student ’ includes a person on leave from his employment, being leave of absence without pay or leave of absence with, or without, pay for the purpose of undertaking a course of study or instruction;
‘ industrial agreement ’ means an industrial agreement made pursuant to the
Conciliation and Arbitration Act 1904.
“ (5) For the purposes of this Part, the prescribed margin in relation to a grantee in respect of a relevant period is the amount calculated in accordance with the formula—
“ (6) For the purposes of this Part, the prescribed allowable income in relation to a grantee in respect of a relevant period is, subject to sub-regulation 41 (3aa), the amount calculated in accordance with the formula—
;
“ (7) For the purposes of this Part, in relation to a grantee in respect of a relevant period—
(a) prescribed proportion P is the amount calculated in accordance with the formula—
;
(b) prescribed proportion Q is the amount calculated in accordance with the formula—
; and
(c) prescribed proportion R is the amount calculated in accordance with the formula—
“ (8) For the purposes of this Part, the prescribed quantum of education assistance is an amount calculated in accordance with the formula—
“ (9) In the formulae set out in sub-regulations (5), (6), (7) and (8)—
(a) ‘ C ’ is the number equal to the number of days in the relevant period; and
(b) ‘ D ’ is the number equal to the number of days in the relevant year.”.
“ 33a. A person who is—
(a) in lawful custody; or
(b) a party to a training agreement, is not eligible to be granted Assistance.”.
(a) by omitting “ a period of imprisonment ” and substituting “ his being in lawful custody during a period ”;
(b) by inserting “ in respect of those studies ” after “ Assistance ”;
(c) by omitting “ on and from the day on which the period of imprisonment commences ” and substituting “ from the commencement of that period of lawful custody ”; and
(d) by adding at the end thereof the following sub-regulation:
“ (2) Where a grantee has been in lawful custody during a period and that period ends during a vacation at the tertiary education institution at which he is undertaking the course of study or instruction in respect of which he has been granted Assistance, the grantee shall be deemed to have resumed his course of studies at the end of that period of lawful custody.”.
(a) by omitting from sub-regulation (1) “ Where ” and substituting “ Subject to sub-regulation (2), where ”; and
(b) by omitting from sub-regulation (2) “ undergoing a period of imprisonment ” and substituting “ being held in lawful custody during a period ”.
(a) by inserting after sub-regulation (3) the following sub-regulations:
“ (3aa) For the purposes of paragraph 41 (3) (b), where a grantee, in a relevant period, does not have a spouse but has a child. or children, wholly or substantially dependent on him, the prescribed allowable income in relation to the grantee in respect of the relevant period is the amount ascertained in accordance with the formula—
where—
C is the number of days in the relevant period; and
D is the number of days in the relevant year.
“ (3ab) For the purposes of paragraph 41 (3) (c), the prescribed income in respect of a relevant period is the amount ascertained in accordance with the formula—
where—
C is the number of days in the relevant period; and
D is the number of days in the relevant year”; and
(b) by omitting from sub-regulation (5) “ $29 ” and substituting “ $31.40 ”.
(2) Regulation 41 of the Student Assistance Regulations is amended by omitting sub-regulations (6d) and (6e) and substituting the following sub-regulations:
“ (6d) For the purposes of sub-regulations (6) and (6a), where, in the relevant year, a child was, or children were, dependent on a grantee and his spouse, being a spouse who was the spouse of the grantee on 30 June in the year immediately preceding the relevant year, and the income from all sources of the grantee in the relevant year is less than—
(a) where only one child was so dependent in the relevant year—25 per cent of the prescribed joint incomes of the grantee and his spouse in the relevant year;
(b) where only 2 children were so dependent in the relevant year—15 per cent of the prescribed joint incomes of the grantee and his spouse in the relevant year; or
(c) where more than 2 children were so dependent in the relevant year—7.5 per cent of the prescribed joint incomes of the grantee and his spouse in the relevant year,
that child, or each of those children, as the case requires, shall be deemed not to have been wholly or substantially dependent on the grantee in the relevant year.
“ (6e) For the purposes of sub-regulation (6d), ‘ the prescribed joint incomes of a grantee and his spouse in the relevant year ’ means the sum of—
(a) the income from all sources of the grantee in the relevant year less the aggregate of any amount paid or payable to the grantee in respect of the relevant year—
(i) by way of an increase in living allowance under sub-regulation (5) or (6); or
(ii) under regulation 47 or 48; and
(b) the income of the spouse from all sources in the period of 12 months ending on 30 June in the year immediately preceding the relevant year.”.
(a) by omitting from paragraph (a) of sub-regulation (2) “ Research Award ” and substituting “ Research Award or of an Advanced Education Institution Award in respect of a post-graduate course of research ”; and
(b) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2) “ Master ” and substituting “ Master or if he is the holder of an Advanced Education Institution Award in respect of a post-graduate course of research ”.
(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2) “ $5,508 ” and substituting “ $5,832.80 ”;
(b) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (2) “ $5,508 ” and substituting “ $5,832.80 ”;
(c) by omitting from paragraph (b) of sub-regulation (2) “ $4,000 ” and substituting “ $4,200 ”;
(d) by omitting from paragraph (c) of sub-regulation (2) “$4,000” and substituting “ $4,200 ”;
(e) by omitting from sub-paragraph (i) of paragraph (d) of sub-regulation (2) “ $4,000 ” and substituting “ $4,200 ”;
(f) by omitting from sub-paragraph (ii) of paragraph (d) of sub-regulation (2) “ $4,000 ” and substituting “ $4,200 ”;
(g) by omitting from sub-paragraph (ii) of paragraph (d) of sub-regulation (2) “ $1,508 ” and substituting “ $1,632.80 ”; and
(h) by omitting from paragraph (e) of sub-regulation (2) “ $4,000 ” and substituting “ $4,200 ”.
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