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 third day of November 1977.
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 (c) of sub-regulation (1) “ or ”;
(b) by omitting from paragraph (f) of sub-regulation (1) “ status.” and substituting “ status; or ”; and
(c) by adding at the end of sub-regulation (1) the following paragraph:
“ (g) has been entitled to educational assistance granted by the Commonwealth under the Adult Secondary Education Assistance Scheme, the Pre-School Teacher Education Allowances Scheme, or the Secondary Allowances Scheme and has been treated as having independent status for the purposes of that Scheme ”.
*
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.
11464/77—Cat No.—Recommended retail price 20c 14/7.10.1977
(2) Regulation 30 of the Student Assistance Regulations is amended—
(a) by inserting after sub-regulation (2) the following sub-regulation:
“ (3) In this Part, ‘ academic year ’, in relation to an approved course, means the period, in the relevant year, commencing on a day determined—
(a) in the case of an approved course provided by the Australian National University—by the Academic Registrar of that University; or
(b) in the case of an approved course provided by another tertiary education institution—by an officer holding in that tertiary education institution an office that is equivalent to the office of Academic Registrar referred to in paragraph (a).”;
(b) by inserting in sub-regulation (4) “ , or part of which,” after “ which ” (wherever occurring); and
(c) by inserting after sub-regulation (5) the following sub-regulation:
“ (5a) In this Part, ‘ relevant day ’, in relation to a person who is an applicant or a grantee, means the day on which the person commences, in the academic year, to undertake his approved course.”.
(3) Regulation 30 of the Student Assistance Regulations is amended by inserting in paragraph (a) of sub-regulation (7) “ engaged ” after “ was ”.
(4) Regulation 30 of the Student Assistance Regulations is amended—
(a) by inserting after sub-regulation (7) the following sub-regulations:
“ (7a) Subject to sub-regulation (9), sub-regulation (7b) applies in relation to a person in respect of each week during which he was engaged in employment, or in work on his own account, for a number of hours amounting in the aggregate to not less than 10 hours but less than 25 hours.
“ (7b) Where this sub-regulation applies in relation to a person in respect of a period, paragraph (1) (e) applies in relation to the person in respect of a number of weeks calculated (disregarding any remainder) in accordance with the formula—
where A is the number equal to the total number of hours during which he was, in that period, engaged in employment or in work on his own account.”; and
(b) by omitting from sub-regulation (8) “ Subject to sub-regulation (9), paragraph 30(1)(e) applies ” and substituting “ Paragraph (1) (e) applies ”.
(5) Regulation 30 of the Student Assistance Regulations is amended—
(a) by inserting in paragraph (b) of sub-regulation (8) “ in respect of whom benefit was payable under that, agreement during that period ” after “ agreement ”; and
(b) by omitting paragraph (c) of sub-regulation (8) and substituting the following paragraph:
“ (c) was, in accordance with the terms of employment applicable to the person in respect of that period, on leave of absence (other than leave of absence without pay) from employment in respect ofwhich sub-regulation (7) applied in relation to the person in respect of the 7 days immediately preceding that leave of absence;”.
(6) Regulation 30 of the Student Assistance Regulations is amended—
(a) by omitting from paragraph (d) of sub-regulation (8) “ or ”;
(b) by omitting paragraph (e) of sub-regulation (8) and substituting the following paragraphs:
“ (e) was, in the opinion of a medical practitioner, unable, by reason of illness or incapacity, to engage in employment;
(f) was qualified to receive a pension under Part III or IV, a benefit under Part IVaaa or VII or training under Part VIII of the
Social Services Act 1947;(g) was qualified to receive a service pension under the
Repatriation Act 1920 or an allowance under theTuberculosis Act 1948;(h) was in receipt of a benefit provided by a State, being an approved benefit within the meaning of the
States Grants (Deserted Wives) Act 1968;(i) was in receipt of benefit or assistance granted under the scheme known as the National Employment and Training System;
(j) was a member of, and engaged in the duties of, a religious institution or order, being a member whose subsistence was provided by that institution or order; or
(k) was serving a term of imprisonment.”; and
(c) by omitting sub-regulation (9) and substituting the following sub-regulation:
“ (9) In sub-regulations (7), (7a) and (7b), a reference to a period during which a person was in employment, or engaged in employment, does not include a reference to a period during which the person was on leave of absence from that employment without pay.”.
“ 33a.(1) Subject to regulation 35 and sub-regulation 38 (2), a person is not eligible to be granted Assistance in respect of a period during which he is serving a term of imprisonment.
“ (2) A person is not eligible to be granted Assistance in respect of a period during which he is a party to a training agreement ”.
(a) by inserting in sub-regulation (1) “ in a period ” after “ undertake,” (first occurring);
(b) by inserting in sub-regulation (1) “ any part of ” after “ Assistance in respect of ”;
(c) by omitting paragraphs (a), (b) and (c) of sub-regulation (1);
(d) by inserting in paragraph (e) of sub-regulation (1) “ , before the relevant day ” after “ if he has ”;
(e) by inserting in paragraph (f) of sub-regulation (1) “ , before the relevant day,” after “ if he has ”;
(f) by inserting in sub-paragraph (iii) of paragraph (g) and sub-paragraphs (i) and (ii) of paragraph (h) of sub-regulation (1) “ before the relevant day ” after “ successfully completed ” (wherever occurring);
(g) by inserting in sub-paragraphs (iii), (iv), (v) and (vi) of paragraph (h) of sub-regulation (1) “, before the relevant day,” after “ where he has ” (wherever occurring);
(h) by inserting in sub-paragraph (vii) of paragraph (h) of sub-regulation (1) “, before the relevant day,” after “ completed ” (first occurring);
(j) by inserting in sub-paragraph (vii) of paragraph (h) of sub-regulation (1) “ before the relevant day ” after “ successfully completed ” (wherever occurring);
(k) by inserting in paragraph (j) of sub-regulation (1) “ before the relevant day ” after “ undertaken ” (first occurring);
(l) by omitting from paragraph (j) of sub-regulation (1) “ prior to that year ” and substituting “ prior to the relevant day ”;
(m) by inserting in paragraph (k) of sub-regulation (1) “, before the relevant day ” after “ completed ” (first occurring);
(n) by inserting in paragraph (k) of sub-regulation (1) “ before the relevant day ” after “ that he has successfully undertaken ”;
(o) by inserting in sub-paragraph (ii) of paragraph (1) of sub-regulation (1) “ , before the relevant day,” after “ applicant has ”;
(p) by inserting in sub-paragraph (iii) of paragraph (1) of sub-regulation (1) “ in the period commencing on the relevant day ” after “ applicant ” (first occurring);
(q) by inserting in sub-paragraph (iii) of paragraph (1) of sub-regulation (1) “ , before the relevant day,” after “ successfully undertaken ”;
(r) by inserting in paragraph (m) of sub-regulation (1) “ , before the relevant day,” after “ if he has ”;
(s) by inserting in paragraph (m) of sub-regulation (1) “ before the relevant day ” after “ (whether successfully or not) ”;
(t) by inserting in paragraph (m) of sub-regulation (1) “ before the relevant day ” after “ successfully undertaken ” (wherever occurring);
(u) by omitting from sub-paragraph (iii) of paragraph (n) of sub-regulation (1) “ has ” and substituting “ he has, before the relevant day,”; and
(v) by omitting sub-regulation (8).” .
“ (5a) Notwithstanding sub-regulation (5), where in respect of a part of a journey made by a grantee between his permanent home and the tertiary education institution at which he is undertaking his approved course—
(a) sleeping berths are not normally provided for second class rail travel;
(b) the grantee travels by rail in a first class sleeping berth; and
(c) it would be unreasonable, having regard to—
(i) the illness or incapacity of the grantee; or
(ii) the travelling time for the whole of the journey,
to expect the grantee to undertake that part of the journey by second class rail travel in one day between 6 o’clock in the morning and 10 o’clock in the evening, without a sleeping berth,
‘ the appropriate fare ’, in this regulation, means the fare payable for that part of the journey and includes the cost of that sleeping berth.”.
(2) Regulation 47 of the Student Assistance Regulations is amended by inserting after sub-regulation (5a) the following sub-regulation:
“ (5b) Notwithstanding sub-regulation (5), where in respect of a part of a journey made by a grantee between his permanent home and the tertiary education institution at which he is undertaking his approved course—
(a) the grantee travels by rail in a second class sleeping berth; and
(b) it would be reasonable, having regard to
(i) the health and physical capacity of the grantee; or
(ii) the travelling time for the whole of the journey,
to expect the grantee to undertake that part of the journey by second class rail travel in one day between 6 o’clock in the morning and 10 o’clock in the evening, without a sleeping berth,
‘ the appropriate fare ’, in this regulation, does not include the cost of that sleeping berth.”.
(3) Regulation 47 of the Student Assistance Regulations is amended by omitting from sub-regulation (7) “ A reference in sub-regulation (5) or (6) ” and substituting “ In this regulation, a reference ”.
“ (1a) Where a person who has applied for, or been granted, Assistance—
(a) proposes to undertake a part of his approved course in the relevant year during a period in respect of which benefit under Assistance is payable in respect of the person, or would be payable but for the operation of regulation 43b in relation to the person; and
(b) does not commence to undertake that part of his approved course as a full-time student on the commencement of that part of his approved course,
the person to whom that benefit is payable (whether by way of advance on account or otherwise), or would be so payable but for the operation of that regulation in relation to the grantee, shall, within 7 days after the commencement of that part of his approved course, give notice in writing to an authorized person of the fact referred to in paragraph (b).
Penalty: $100.”.
(a) by inserting in sub-regulation (1) “ student ” after “ grant of ” (first occurring); and
(b) by omitting from sub-regulation (1) “ determining the eligibility of the person for the grant of that assistance ” and substituting “ determining—
(a) whether the authorized person may, under the Act and these Regulations, approve the grant of that assistance to the person; and
(b) the amount of benefit payable under that assistance ”.
(2) The amendments of the Student Assistance Regulations effected by sub-regulations 1 (1), 1 (4) and 1 (6) and regulation 5 apply in relation to the grant of Tertiary Education Assistance in respect of a period commencing on or after 1 January 1977.
(3) The amendments of the Student Assistance Regulations effected by sub-regulation 1 (2), regulations 2, 3 and 4, sub-regulation 6 (2) and regulation 8 apply in relation to the grant of Tertiary Education Assistance in respect of a period commencing on or after 1 January 1978.
Printed by Authority by the Acting Commonwealth Government Printer
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