Student Assistance Regulations (Amendment) (Cth)
Statutory Rules
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 third day of December, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Minister of State for Education.
[
Amendments of the Student Assistance Regulations
(2) Regulation 30 of the Student Assistance Regulations is amended—
(a) by omitting from paragraph (d) of sub-regulation (1) the word “ or ” (last occurring);
(b) by omitting paragraph (c) of sub-regulation (1) and substituting the following paragraphs:—
“ (c) was, in respect of periods amounting in the aggregate to 104 weeks during the immediately preceding 260 weeks, a person in relation to whom this paragraph applies; or
*
Notified in the
Statutory Rules 1974, No. 179 as amended by Statutory Rules 1974, Nos. 235 and 258; 1975, Nos. 136, 203 and 210; and 1976, Nos. 92, 121 and
172.41/76—Recommended retail price 40c 10/14.12.1976
“ (f) was, in respect of any part of the period ending 31 December 1976, an applicant or a grantee who was to be deemed to be of independent status.”;
(c) by omitting sub-regulation (3);
(d) by omitting sub-paragraphs (iii) and (iv) of sub-regulation (5) and substituting the following paragraphs;—
“ (iii) the grantee becoming, or ceasing to be, a person in relation to whom paragraph 42 (2) (a) applies;
(iv) the grantee acquiring, or ceasing to have, a brother or sister in relation to whom sub-regulation 42 (3), 42 (6) or 42 (12) applies; or
(v) the grantee becoming, or ceasing to be, a person in relation to whom sub-regulation (11) applies.”;
(c) by omittingsub-regulations (6), (7), (8), (9), (10), (11), (12), (13), (14) and (15) and substituting the following sub-regulations:—
“ (6) In sub-regulation (7), ‘industrial
agreement and ‘award’ have the same meanings as in section 4 of the
“ (7) Subject to sub-regulation (9), paragraph 30 (1) (c) applies in relation to a person in respect of a week during which the person—
(a) was in employment, or engaged in work on his own account, for periods amounting in the aggregate to not less than 25 hours; or
(b) was in employment—
(i) for a period that was treated as a period of full-time work for that week for the purposes of the industrial agreement or award that was, in that week, directly, or indirectly, applicable to the employment of the person; or
(ii) for a period that, in accordance with such an industrial agreement or award, entitled the person, by reason of that employment, to benefits -to which full-time employees were entitled in respect of that week.
“ (8) Subject to sub-regulation (9), paragraph 30 (1) (c) applies in relation to a person in respect of a period during which the person—
(a) was, in accordance with the terms of employment applicable to the person in respect of that period, required to undertake, and undertook, a course of study or instruction;
(b) was a party to a training agreement;
(c) was, in accordance with the terms of employment applicable to the person in respect of that period, on leave of absence from employment of the kind referred to in sub-regulation (7), being leave other than leave referred to in sub-regulation (9);
(d) was unemployed and was registered by the Commonwealth Employment Service to obtain employment; or
(e) was, in the opinion of a medical practitioner, unable, by reason of illness or incapacity, to engage in employment.
“ (9) Notwithstanding the provisions of sub-regulation (7) or (8), paragraph 30(1) (c) does not apply in relation to a person, other than a person referred to in paragraph (8) (a) or (b), in respect of a period during which the person—
(a) attended an educational institution as a full-time student; or
(b) was on leave of absence from employment, without pay or for the purpose of study.
“ (10) Subject to sub-regulation (11), for the purposes of this Part, the prescribed allowable income in respect of a relevant period in relation to a grantee is an amount in dollars calculated 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.
“ (11) For the purposes of paragraph 41 (3) (b), the prescribed allowable income in respect of a relevant period in relation to a grantee who does not have a spouse and. has a child, or children, wholly or substantially dependent on the grantee is an amount in dollars calculated 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.
“ (12) For the purposes of paragraph 41 (3) (c), the prescribed income in respect of a relevant period in relation to a grantee is an amount in dollars calculated 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”;
(f) by omitting from the formula in sub-regulation (17) the figures “ 1,600 ” and substituting the figures “ 1,976 ”;
(g) by omitting from the formula in sub-regulation (18) the figures “ 1,000 ” and substituting the figures “ 1,250 ”; and
(h) by omitting sub-regulations (19), (20), (21), (22) and (23) and substituting the following sub-regulations:—
“ (19) For the purposes of this Part, prescribed proportion R in respect of a relevant period in relation to a grantee is an amount in dollars calculated 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.
“ (20) For the purposes of this Part, the prescribed quantum of educational assistance in respect of a relevant period in relation to a grantee is an amount calculated 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.”.
(3) The amendment effected by sub-regulation (1) shall be deemed to have come into operation on 1 January 1976.
“ 31. A person who has entered into a training agreement shall—
(a) if he has enteredinto a further agreement with the other party to the training agreement under which he will be released from his obligation under the training agreement whether or not he has complied with any conditions that he is to be required to comply with before being so released; and
(b) if a note or memorandum in writing evidencing the further agreement has been produced to an authorized person,
be deemed not to be a party to the training agreement from and including the day on which the person enters into the further agreement, or is released from his obligation under the training agreement, whichever is the later.”.
“ 33. (1) An applicant is not eligible to be granted Assistance in respect of a a period in respect of which he is in receipt of benefit ‘or assistance granted under—
(a) an Australian Agricultural Council Award;
(b) a Commonwealth Forestry Scholarship;
(c) a Dairy Research Committee Award;
(d) the Dental Scholarships Scheme;
(e) a Department of Primary Industry Cadetship;
(f) the National Employment and Training System;
(g) a National Health and Medical Research Council Award;
(h) a Public Service Board Cadetship;
(j) a Public Service Board Free Place;
(k) the Rehabilitation Training Scheme;
(m) the Soldiers Children Education Scheme; or
(n) a Wool Research Award.
“ (2) An applicant is not eligible to be granted Assistance in respect of a period in respect of which he is in receipt of benefit or assistance for the purposes of education or vocational training, being benefit or assistance granted by the Commonwealth, or any authority or body constituted by or under a law of the Commonwealth or of a Territory, excluding benefit or assistance for those purposes granted by—
(a) the Australian National University; or
(b) the Canberra College of Advanced Education.”.
(a) by omitting from sub-paragraph (iii) of paragraph (g) of sub-regulation (1) the words “ not being a repeat year of study ” and substituting the words “ including a period of study that, by reason of studies he has undertaken, he is credited with having successfully undertaken but excluding a repeat year of study ”;
(b) by omitting from sub-paragraph (vii) of paragraph (h) of sub-regulation (1) the words “ not being a repeat year of study ” and substituting the words “ including a period of study that, by reason of studies he has undertaken, he is credited with having successfully undertaken but excluding a repeat year of study ”;
(c) by omitting from paragraph (i) of sub-regulation (1) the words “ not including any repeat year of study ” and substituting the words “ including a period of study that, by reason of studies he has undertaken, he is credited with having successfully undertaken but excluding a repeat year of study ”;
(d) by omitting paragraph (k) of sub-regulation (1) and substituting the following paragraph:—
“ (k) if he, not being an applicant to whom paragraph (1) applies, has completed, a course of study or instruction that is—
(i) in the case of a course that he undertook in Australia before the commencement of the Act or a course that he undertook elsewhere than in Australia— equivalent to an approved course; or
(ii) in the case of a course that ho undertook in Australia after the commencement of the Act—an approved course,’’
and that is of the same level as the approved course that he is undertaking, or proposes to undertake, and the work that he successfully undertook in the completed course exceeds, by-more than one half of a year’s work for a full-time student in the approved course that he is undertaking, or proposes to undertake, that part (if any) of the approved course that he is undertaking, or proposes to undertake, being the part (if any) that he has successfully undertaken including any part that, by reason of studies he has undertaken, heis credited with having successfully undertaken;”; and
(e) by omitting paragraph (m) of sub-regulation (1) and substituting the following paragraph:—
“ (m) if he has undertaken, but not completed, a course of study or instruction that is—
(i) in the case of a course that he undertook in Australia before the commencement of the Act or a course that he undertook elsewhere than in Australia-equivalent to an approved course; or
(ii) in the case of a course that he undertook in Australia after the commencement of the Act—an approved course,
and that is of the same level as the approved course that he is undertaking, or proposes to undertake, and so much that he undertook of that course of study or instruction (whether successfully or not) exceeds, by more than one half of a year’s work for a full-time student in the approved course that he is undertaking, or proposes to undertake, that part (if any) of the approved course that he is undertaking, or proposes to undertake, being the part (if any) that he has successfully undertaken including any part that, by reason of studies he has undertaken, he is credited with having successfully undertaken; or ”.
“ 37. (1) Subject to sub-regulations (2) and (3), Assistance to a grantee in respect of a part of an approved course, being the part that the grantee is undertaking in the relevant year, terminates—
(a) where the grantee completes that part of the approved course during June or at the end of the first semester in the relevant year—on 30 June in the relevant year;
(b) where the grantee completes that part of the approved course during November or December in the relevant year—on 31 December in the relevant year;
(c) where the grantee completes that part of the approved course other than during June, November or December or other than at the end of the first semester in the relevant year—on the expiration of the day on which the grantee completes the approved course;
(d) where the grantee does not complete that part of the approved course but ceases to undertake it as a full-time student during the period after 30 June and before the end of the first semester in the relevant year—on 30 June in the relevant year; and
(c) where the grantee does not complete that part of the approved course but ceases to undertake it as a full-time student during a period other than the period after 30 June and before the end of the first semester in the relevant year—on the expiration of the day on which the grantee ceases to undertake that part of the approved course as a full-time student.
“ (2) Notwithstanding sub-regulation (1), where a grantee is undertaking in the relevant year an approved course that has a duration of 20 weeks or less, Assistance to the grantee terminates on the expiration of the day on which the grantee—
(a) ceases to undertake the approved course as a full-time student; or
(b) completes the approved course.
“ (3) For the purposes of sub-regulation (1), where in the relevant year a grantee does not, at the commencement of a term or semester other than the first term or semester in the relevant year, recommence to undertake his approved course as a full-time student, he shall be deemed to have ceased to undertake his approved course from the commencement of the vacation preceding the commencement of: that term or semester, as the case may be.”.
(a) by omitting from sub-regulation (2) the words “ prescribed proportion P ” and substituting the words “ prescribed proportion R ”;
(b) by omitting from paragraph (b) of sub-regulation (3) the figures “ $1.50 ” and substituting the figure “ $2 ”;
(c) by omitting paragraph (c) of sub-regulation (3) and substituting the following paragraph:—
“ (c) if the grantee has a spouse who is not a grantee in respect of whom living allowance is payable under paragraph 11 (b) of the Act, being a spouse who was the spouse of the grantee on 30 June in the year preceding the relevant year—the amount (if any) calculated on the basis of $1 for every $2 by which the prescribed income is exceeded by the part of the income of the spouse, from any source, in the period of 12 months ending on that 30 June, being the part calculated in accordance with the formula—
where—
E is the income of the spouse in that period of 12 months;
C is the number of days in the relevant period; and
D is the number of days in the relevant year,”;
(d)by inserting after sub-regulation (3) the following sub-regulations:—
“ (3a) In sub-regulation (3B), ‘educational assistance’ means any benefit or assistance granted or awarded under a scholarship, bursary or like award and includes benefit under student assistance to which the Act applies.
“ (3b) For the purposes of paragraph 41 (3) (c), the income of a spouse, referred to in that paragraph, in the period of 12 months ending on 30 June in the year preceding the relevant year—
(a) does not include the deductions allowable under sections 51 to 54 (inclusive) of the Income Tax Assessment Act as in force on that 30 June for losses and outgoings incurred in gaining or producing in that period the assessable income, within the meaning of that Act, of the spouse;
(b) does not include—
(i) any pension, payment, allowance, endowment, benefit or expense of a kind referred to in paragraph 23 (kb) or paragraph 23ad (3) (a), (b) or (c) of the Income Tax Assessment Act as in force on that 30 June;
(ii) child endowment under Part VI of the Social Services Act paid or payable to the spouse in respect of that, period;
(iii) any other income paid or payable to the spouse in respect of that period that is income of a like kind to a pension, payment, allowance, endowment, benefit or expense referred to in sub-paragraph (i) or (ii); or
(iv) any educational assistance paid or payable to the spouse in respect of that period, being educational assistance in respect of the spouse or any child of the spouse; and
(c) includes any moneys paid or payable to the spouse by any other person by way of maintenance, or otherwise, for the benefit of the spouse or any dependant of the spouse.”;
(c) by omitting from sub-regulation (5) the figures “ $15 ” and substituting- the figures “ $29 ”;
(f) by omitting from sub-regulation (6) the figure “ $7 ” and substituting the figures “ $7.50 ”; and
(g) by omitting from sub-regulation (7) the words “ In this regulation ” and substituting the words “ Subject to sub-regulation (3a), in this regulation ”;
(a) by omitting paragraph (b) of sub-regulation (b) and substituting the following paragraph:—
“ (b) in any other case—an amount calculated on the basis of $2.50 for every $10 by which the adjusted family income of the family of the grantee in respect of the relevant year exceeds $8.200.”;
(b) by omitting sub-regulation (14a); and
(c) by omitting from sub-regulation (16) the figure “ $7 ” and substituting the figures “ $7.50 ”.
“ 43c. For the purposes of paragraph 41 (3) (c), in computing the income in the relevant year that commenced on 1 January 1976 of a spouse referred to in that paragraph who in that year undertook a course of study or instruction as a full-time student, money received by the spouse from employment undertaken or engaged in during the months of January, February, November and December of that year shall be disregarded.”.
“ 44. (1) In this regulation, a reference to an amount of work of a course of study or instruction shall be read as a reference to a part of the total amount of work that a student requires to undertake in order to complete the whole of the course within—
(a) where the duration of the course for a grantee who successfully completes each part of the course without interrupting the course, or repeating any part of the course, is specified by the Minister in relation to his approval of the course under section 10 of the Act-that duration; or
(b) where that duration is not so specified—the duration of the course for a student who, without interrupting the course or repeating any part of the course, successfully completes each part of the course in accordance with the requirements of the tertiary education institution that provides the course, being the minimum requirements for completion of the course.
“ (2) In this regulation, a reference to the work of a course of study or instruction does not include a reference to—
(a) a subject, or part of a subject, that the tertiary education institution that provides the course does not take into account as part of its minimum requirements for completion of the course;
(b) a subject, or part of a subject, that the tertiary education institution that provides the course credits a grantee with having completed as part of the course by reason of studies he has undertaken in respect of another course; or
(c) a subject, or part of a subject, undertaken by a grantee in lieu of another subject, or part of a subject, that, after having been credited as part of the course by the tertiary education institution that, provided the course, was treated by a tertiary education institution as not having been so credited.
“ (3) Living allowance is not payable in respect of a period in the relevant year in respect of a grantee who is not enrolled, or does not propose to be enrolled, by the tertiary education institution that provides his approved course, to undertake as a full-time student during that period in the relevant year such work of his approved course that, in relation to that period, constitutes a rate of work that, if the grantee undertook the work of the approved course at that rate during the whole of the relevant year, or the whole of the duration of the approved course in the relevant year if that duration is less than a year, would result in the grantee having undertaken at the end of the relevant year, or at the end of that duration, as the case may be, at least three-quarters of the amount of work for the relevant year, or for that duration, as the case may be, for a student engaged in full-time studies in that part, or those parts, of the approved course that the grantee is undertaking, or proposes to undertake, in the relevant year, or in that duration, as the case may be.
“ (4) Where in respect of an approved course a grantee is required—
(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),
to undertake, in a period in the relevant year commencing 1 January 1977 or a subsequent relevant year, less than the amount of work for the relevant year, or for the duration of the approved course in the relevant year if that duration is less than a year, as the case may be, for a student engaged in full-time studies in the part, or parts, of the approved course that the grantee is undertaking in the period in the relevant year, the reference in sub-regulation (3) to three-quarters of an amount of work shall be read as a reference to two-thirds of that amount of work,
“ (5) Where in respect of an approved course, by reason of the requirements of a tertiary education institution in relation to the amount of work required to be undertaken by a student engaged in full-time studies in the part, or parts, of the approved course that a grantee is undertaking in a period in the relevant year, the grantee is required to undertake, in a period in the relevant year commencing 1 January 1977 or a subsequent relevant year, less than the amount of work for the relevant year, or for the duration of the approved course in. the relevant year
if that duration is less than a year, as the case may be for a student engaged in full-time studies in that part or those parts, of the approved course, the reference in sub-regulation (3) to three-quarters of an amount of work shall be read as a reference to two-thirds of that amount of work.”.
(2) The amendment effected by sub-regulation (1) shall be deemed to have come into operation on 1 January 1976.
(3) Notwithstanding sub-regulation (2), where during the year that commenced on 1 January 1976 the amount of benefit under Tertiary Education Assistance that would have been payable in respect of a person by virtue of the Student Assistance Regulations if this regulation had not come into operation exceeds the amount of benefit under Tertiary Education Assistance payable in respect of the person by virtue of the Student Assistance Regulations as amended by this regulation, there is payable in respect of the person an amount equal to the amount of the excess.
“ (7) Subject to sub-regulation (8) an applicant who is in receipt of benefit or assistance granted or awarded under a scholarship, bursary or like award, being benefit or assistance—
(a) that is not educational assistance referred to in sub-regulation (1); and (b) that has a value of more than $500 in respect of a year, is not eligible to be granted an Award in respect of that year.
“ (8) Sub-regulation (7) does not apply in relation to an applicant—
(a) who was in receipt of benefit under an Award in respect of the year 1976; or
(b) whose Award in respect of the year 1976 was suspended under regulations 57 58, 60 or 61”
.
“ 66a. Where—
(a) a person is the holder of an Award; and
(b) the person would, under these Regulations, cease on a day to be eligible for the Award if the person were on that day an applicant for the Award,
the Award terminates on that day.”.
(a) by omitting from sub-paragraph (i) of paragraph (a) of subregulation (2) the figures “ $4,030 ” and substituting the figures “$5,508”.
(b) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (2) the figures “ $4.030 ” and “ $364 ” and substituting the figures “ $5,508 ” and “ $390 ” respectively;
(c) by omitting from paragraph (c) of sub-regulation (2) the figures “ $3,250 ” and “ $364 ” and substituting the figures “ $4,000 ” and “ $390 ” respectively;
(d) by omitting from sub-paragraph (i) of paragraph (d) of sub-regulation (2) the figures “ $3,250 ” and “ $364 ” and substituting the figures “ $4,000 ” and “ $390 ” respectively;
(e) by omitting from sub-paragraph (ii) of paragraph (d) of sub-regulation (2) the figures “ $3,250 ”, “ $780 ” and “ $364 ” and substituting the figures “ $4,000 ”, “ $1,508 ” and “ $390 ” respectively; and
(f) by omitting from paragraph (e) of sub-regulation (2) the figures “ $3,250 ” and substituting the figures “ $4,000 ”.
(a) by omitting from paragraph (a) of sub-regulation (1) the figures “ $150 ” and substituting the figures “ $250 ”; and
(b) by omitting from paragraph (b) of sub-regulation (1) the figures “ $250 ” and substituting the figures “ $400 ”.
(a) by omitting from paragraph (c) the figures “ $150 ” and substituting the figures “ $200 ”; and
(b) by omitting from paragraph (d) the figures “ $75 ” and substituting the figures “ $100 ”.
(a) by inserting after paragraph (b) of sub-regulation (1) the following paragraph:—
“ (ba) the grantee receives benefit or assistance for the purposes of education or vocational training, being benefit or assistance referred to in sub-regulation 33 (1) or (2);”;
(b) by omitting paragraph (i) of sub-regulation (1) and substituting the following paragraph:—
“ (i) the income in the relevant period, including income from educational assistance within the meaning of sub-regulation 41 (7), of a grantee to whom regulation 41 applies exceeds the prescribed allowable income;”;
(c) by omitting paragraph (na) of sub-regulation (1);
(d) by omitting from paragraph (b) of sub-regulation (2) the word “ and”; and
(c) by omitting paragraph (c) of sub-regulation (2) and substituting the following paragraphs:—
“ (c) a reference to prescribed allowable income shall, in respect of a relevant period in relation to a grantee, be read as a reference to the prescribed allowable income referred to in sub-regulation 30 (10) or (ii) whichever is applicable in respect of the relevant period in relation to the grantee; and
(d) a reference to prescribed quantum of educational assistance shall be read as a reference to prescribed quantum of educational assistance for the purposes of Part III.”.
SCHEDULE Regulation 4
EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS ADVANCED EDUCATION INSTITUTIONS FOR THE PURPOSES OF THE ACT
Australian Capital Territory-
Canberra College of Advanced Education
Canberra School of Art
Canberra School of Music
“Signadou” Dominican Teachers’ College
New South Wales—
Avondale College
Catholic College of Education
Catholic Teachers’ College
Good Samaritan Teachers’ College
Mount Saint Mary College
National Institute of Dramatic Art
N.S.W. Training School for Medical Record Librarians
The Australian College of Physical Education
The College of Law
The Film and Television School
The Guild Teachers’ College
Victoria—
Aquinas College
Christ College
Christian Brothers’ Teachers’ College
Council of Legal Education Professional Admission Summer School
Leo Cussen Institute for Continuing Legal Education
Marcus Oldham Farm Management College
Mercy Teachers’ College
Orthoptic School of Victoria
Y.M.C.A. College for Leadership Training
Queensland—
Catherine McAuley Teachers’ College
College of Nursing, Australia
Xavier Teachers’ College
(2) The amendment effected by sub-regulation (1) shall be deemed to have come into operation on 1 January 1976.
SCHEDULE 3 Regulation 7
EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS TECHNICAL COLLEGES FOR THE PURPOSES OF THE ACT
New South Wales—
Bedford College
Cambridge College
C.B. Alexander Agricultural College
Hales Colleges
Mercury Colleges
St. Joseph’s Business College, Leiehhardt
St. Mary’s Commercial College, Paddington
St. Patrick’s Business College, Sydney
The Metropolitan Business College
Victoria—
Ballet Victoria School
Hales Colleges
Holmes Commercial Colleges
Institute of Social Welfare
Melba Memorial Conservatorium of Music
Stott’s Secretarial College
The Australian Ballet School
Queensland—
Kindercraft Civic Day Nursery
South Australia—
Hales Colleges
Muirden College
Pride Business College
Western Australia—
Edwards Secretarial College
Graduate College of Dance
Hartill-Underwood Commercial College
Olympia Business Training Centre
Tasmania—
Mitchell Secretarial School
Tasmanian Centre for Training in Child Care
(2) The amendment effected by sub-regulation (1) shall be deemed to have come into operation on 1 January 1976.
Printed by Authority by the Government Printer of Australia
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