Student Assistance Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 287

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 Student Assistance Act 1973.

Dated this sixteenth 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  

Commencement.

1. (1) The amendments effected by regulations 6 and 7 shall be deemed to have come into operation on 1 January 1976.

(2) Regulations 2, 3, 4 and 5 shall come into operation on 1 January 1977.

Eligibility

2. Regulation 34 of the Student Assistance Regulations is amended—

(a) by omitting from sub-paragraph (i) of paragraph (c) of sub-regulation (1) the words “ tertiary education ” and substituting the words “ study or instruction ”;

(b) by omitting from paragraph (f) of sub-regulation (1) the words “ tertiary education ” and substituting the words “ study or instruction ”;

(c) by omitting from paragraph (k) of sub-regulation (1) the words “ if he has completed a course of tertiary education ” and substituting the words “ if he, not being an applicant to whom paragraph (1) applies, has completed a course of study or instruction ”;

(d) by omitting from sub-paragraph (ii) of paragraph (1) of sub-regulation (1) the words “ tertiary education ” and substituting the words “ study or instruction ”;

(c) by omitting from paragraph (m) of sub-regulation (1) the words “ tertiary education ” and substituting the words “ study or instruction ”;

(f) by omitting sub-regulation (3) and substituting the following sub-regulation:—

 

* Notified in the Australian Government Gazette on 20 December 1976.

  Statutory Rules 1974, No 179 as amended by Statutory Rules 1974, Nos. 235 and 258; 1975, Nos. 136, 203 and 219; and 1976, Nos.92, 121 and

16096/76—Recommended retail price 20c 15/3.12.1976

 

“ (3) For the purposes of paragraphs (1) (f), (k) and (m)—

(a) approved courses of the following kinds are approved courses of the same, level:—

(i) a bachelor degree course (other than a postgraduate bachelor degree course) at a university or advanced education institution;

(ii) a diploma course (other than a post-graduate diploma course, graduate diploma course, or post-diploma course) at a university or advanced education institution;

(b) an approved course that is—

(i) a diploma course (including a post-graduate diploma course, graduate diploma course, and post-diploma course) at a university or advanced education institution; or

(ii) a degree course (including a post-graduate bachelor, degree course) at a university or advanced education institution,

is an approved course that is of a higher level than an approved course that is a course of technical education at a technical college;

(c) an approved course entry to which is subject to completion of another approved course is an approved course that is of a higher level than that other approved course;

(d) an approved course for an undergraduate or postgraduate bachelor degree with honours shall be deemed to be of the same level as an approved course for either of those degrees at pass level;

(e) an approved course of study at a university that is a qualification for the entry of the applicant to a postgraduate course at a university for the degree of Master or Doctor shall be deemed to be a course of study that is an additional part of the bachelor degree course that the applicant has successfully completed;

(f) approved courses of the following kinds are approved courses of the same level:—

(i) a post-graduate bachelor degree course at a university;

(ii) a post-graduate diploma course at a university or advanced education institution;

(iii) a post-diploma course at an advanced education institution;

(iv) a graduate diploma course at an advanced education institution;

(g) an approved course that is a post-certificate or diploma course of technical education at a technical college is an approved course that is of a higher level than an approved course that is a certificate course of technical education at a technical college;

(h) an approved course of any of the kinds referred to in paragraph (f) is an approved Course that is of a higher level than—

(i) an approved course for an undergraduate bachelor degree with honours or at pass level; or

 

(ii) an approved course of study at a university that is a qualification for the entry of the applicant to a post-graduate course at a university for the degree of Master or Doctor;

(j) an approved course that is a higher certificate course or an advanced certificate course, of technical education at a technical college is an approved course that is of a higher level than an approved course that is a certificate course of technical education at a technical college, being a certificate course of any kind other than a higher certificate course or an advanced certificate course; and

(k) approved courses that are certificate courses of technical education at a technical college, being certificate courses of any kind other than higher certificate courses or advanced certificate courses, are approved courses of the same level.”; and

(g) by omitting from paragraph (a) of sub-regulation (7) the words “ tertiary education ” and substituting the words “ study or instruction ”.

Eligibility-courses related to teaching.

3. Regulation 34a of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ first degree course ” and substituting the words “ bachelor degree course, other than a post-graduate bachelor degree course ”;

(b) by omitting from paragraph (a) of sub-regulation (1) the words “ tertiary education ” and substituting the words “ study or instruction ”;

(c) by omitting from paragraph (b) of sub-regulation (1) the words “ tertiary education ” and substituting the words “ study or instruction ”;

(d) by omitting from paragraph (a) of sub-regulation (2) the words “ tertiary education ” and substituting the words “ study or instruction that is an approved course, or is equivalent to an approved course ”;

(e) by omitting from sub-regulation (3) the words “ first degree course ” and substituting the words “ bachelor degree course other than a post-graduate bachelor degree course ”;

(f) by omitting from sub-regulation (4) the words “tertiary education” (wherever occurring) and substituting the words “study or instruction that is an approved course or is equivalent to an approved course”;

(g) by omitting from sub-regulation (5) the words “discontinued a course of tertiary education ” and substituting the words “discontinued a course of study or instruction”; and

(h) by omitting from paragraph (a) of sub-regulation (5) the words “ tertiary education ” and substituting the words “ study or instruction that is an approved course, or is equivalent to an approved course ”.

Eligibility-course not resumed by reason of illness or circumstances beyond control of applicant.

4. Regulation 34dof the Student Assistance Regulations is amended by omitting paragraph (a) and substituting the following paragraph:—

“(a) an applicant has ceased to undertake a course of study or instruction of a kind referred to in sub-paragraph 34 (1) (m) (i) or (ii) and—

(i) having suffered an illness related to the nature of the course; or

 

(ii) by reason of other circumstances beyond the control of the applicant,

the applicant does not re-commence to undertake the course and undertakes, or proposes to undertake, another approved course of the same level as the course that he discontinued; and”.

Fares allowance.

5. Regulation 47 of the Student Asistance Regulations is amended by omitting from paragraph (b) of sub-regulation (1)the words “ during a vacation (including the Easter vacation) other than the summer vacation ”.

Fares allowance.

6. Regulation 47 of the Student Assistance Regulations is amended—

(a) by omitting sub-regulation (4)and substituting the following sub-regulation:—

“ (4) The amount of the allowance payable under this regulation in respect of a journey, or part of a journey, is the amount equal to the sum of the appropriate fares payable for the journey, or the part of the journey, as the case may be.”;

(b) by omitting from sub-paragraph (ii) of paragraph (b) of sub- regulation (5)the words “ most convenient ” and substituting the words “ least expensive practicable ”; and

(c) by omitting from paragraph (c) of sub-regulation (5) the words “ most convenient ” and substituting the words “ least expensive practicable ”.

Travelling allowance.

7. Regulation 74of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (1)all words from and including the words “ a fares allowance ” and substituting the words “ travelling allowance is payable in respect of the journey of the holder and—

(c) where a dependent spouse, or a dependent spouse and dependent child of the holder, make, whether or not at the same time as the holder, a journey between the 2 places referred to in paragraph (a), (aa) or (b) for the purpose of residing permanently with the holder while he undertakes his post-graduate course—in respect of that journey of the dependent spouse and each dependent child of the holder; or

(d) where the holder has no spouse, or is living separately and apart from his spouse, and a dependent child of the holder makes, whether or not at the same time as the holder, a journey between the 2 places referred to in paragraph (a), (aa) or (b) for the purpose of residing permanently with the holder while he undertakes his post-graduate course—in respect of that journey of each dependent child of the holder.”;

(b) by omitting sub-regulation (2) and substituting the following sub-regulations:—

“ (2) Where a person referred to in sub-regulation (1)makes a journey of a kind referred to in that sub-regulation, or part of such a journey, and public transport is available for the journey, or that part of the journey, the travelling allowance payable in respect of the journey of the person is an amount equal to the sum of the appropriate fares that would be payable for the journey if those appropriate fares were incurred by the person for the journey.

“ (2a) Subject to sub-regulations (2b), (2c) and (2d), where a person referred to in sub-regulation (1)makes a journey of a kind referred to in sub-regulation (1), or part of such a journey, for

 

which public transport is not available and the journey, or that part of the journey, is made by a motor vehicle owned, hired or borrowed by the person, the travelling allowance payable in respect of the journey, or that part of the journey, of the person is—

(a) where the motor vehicle is of a type referred to in regulation 90aof the Public Service Regulations as in force from time to time—an amount equal to the amount that would be payable under that regulation if the person were an officer of the Australian. Public Service and used the motor vehicle for the journey, or that part of the journey, in pursuance of permission granted under that regulation; or

(b) where the motor vehicle is of a type referred to in regulation 90aa of those Regulations—an amount equal to the amount that would be payable under regulation 90a of those Regulations, as so in force, in its application, by virtue of regulation 90aaof those Regulations, to and in relation to a motor vehicle of that type if the person were an officer of the Australian Public Service and used the motor vehicle for the journey, or that part of the journey, in pursuance of permission granted under regulation 90aof those Regulations.

“ (2b) Notwithstanding sub-regulation (2a), where a person referred to in sub-regulation (1) makes a journey between the 2 places referred to in paragraph (1) (a), (aa) or (b) by means of a motor vehicle owned, hired or borrowed by the person and the person transports in or on the motor vehicle a passenger who is a person referred to in sub-regulation (1), the travelling allowance payable in respect of the first-mentioned person shall be increased by an allowance in respect of each of those passengers in respect of each kilometre of the journey during which that passenger is so transported, being an allowance at the rate referred to in regulation 90b of the Public Service Regulations as in force from, time to time.

“ (2c) Sub-regulation (2a) does not apply in respect of any part, of a journey made by a person as a passenger referred to in sub-regulation (2b).

“ (2d) Where a person referred to in sub-regulation (1) makes a journey of a kind referred ‘to in that sub-regulation, or part of such a journey, for which public transport is not available and the journey, or that part of the journey, is made by air transport other than by a regular public transport aircraft, travelling allowance in respect of the journey of the person is payable in respect of each kilometre of the journey at the rate specified in Column 3 of item 2 in the table in sub-regulation 90a (2) of the Public Service Regulations as in force from time to time.

“ (2e) A reference in paragraph (1) (c) to a dependent spouse of a holder does not include a reference to a person who, at the time the person makes the journey referred to in that, paragraph—

(a) is in receipt of income from a business or profession of the person, or from, employment: or

(b) is in receipt of living allowance by way of educational assistance.”;

(c) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (3)the words “ most convenient ” and substituting the words “ least expensive practicable ”;

 

(d) by omitting from paragraph (c) of sub-regulation (3) the words “ most convenient ” and substituting the words “ least expensive practicable ”;

(e) by omitting sub-regulation (5) and substituting the following sub-regulation:—

“ (5) Travelling allowance is not payable under this regulation in respect of travel by a person by a means of transport other than—

(a) public surface transport including a privately owned bus service;

(b) motor vehicle owned, hired or borrowed by the person; or

(c) air transport,”;

(f) by inserting in sub-regulation (6)after the definition of “ Australia ” the following definitions:—

“ ‘ dependent ’, in relation to a person who makes a journey, means dependent at the time the person makes the journey;

‘ educational assistance ’ means any benefit or assistance granted or awarded by the Commonwealth under a scholarship, bursary or like award and includes benefit under student: assistance to which the Act applies;”; and

(g) by inserting in sub-regulation (6) after the definition of “ prescribed period ” the following definitions:—

“ ‘ public transport ’ means, in relation to transport by air, transport in a regular public transport aircraft;

‘ regular public transport aircraft ’ has the meaning referred to in regulation 5 of the Air Navigation Regulations as in force from time to time;”.

Non-reduction.

8. Notwithstanding sub-regulation 1 (1), where during the year that commenced on 1 January 1976 the amount of benefit, under Tertiary Education Assistance or a Post-graduate Award, that would have been payable in respect of a person by virtue of the Student Assistance Regulations if that sub-regulation and regulations 6 and 7 had not come into operation exceeds the amount of benefit, under Tertiary Education Assistance or a Post-graduate Award, payable in respect of the person by virtue of the Student Assistance Regulations as amended in accordance with that sub-regulation and regulations 6 and 7, there is payable in respect of the person an amount equal to the amount of the excess.

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