Student Assistance Regulations (Amendment) (Cth)

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Statutory Rules

1974 No. 258

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973.

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I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Student Assistance. Act 1973.

Dated this nineteenth day of December 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Minister of State for the Media for and on behalf of the Minister of State for Education.

___________

Amendments of the Student Assistance REGULATIONS

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Commencement.

1. These Regulations shall come into operation on 1 January 1975.

Persons in respect of whom living allowance is payable under Senior Secondary Scholarship.

2. Regulation 26 of the Student Assistance Regulations is amended by omitting the figures “ $6,475 ” and substituting the figures “ $7,475 ”.

Rate of living allowance payable under Senior Secondary Scholarship.

3. Regulation 27 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) the figures “ $3,300 ” and substituting the figures “ $6,300 ”.

Eligibility

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

(a) by omitting from sub-regulation (1) the words “ An applicant ” (first occurring) and substituting the words “ Subject to the succeeding sub-regulations of this regulation and to regulations 34a, 34b and 34c, an applicant ”;

(b) by omitting paragraph (d) of sub-regulation (1);

 

(c) by omitting paragraphs (e) and (f) of sub-regulation (1) and substituting the following paragraphs:—

" (e) if he has—

(i) completed a course of tertiary education that is—

(A) in the case of a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia— equivalent to an approved course; or

(B) in the case of a course completed in Australia after the commencement of the Act—an approved course; and

(ii) undertaken during a period of not less than 6 months a course of studies for the degree of Master or the degree of Doctor;

(f) if he has completed a course of tertiary education that is—

(i) in the case of a course completed in Australia before the commencement of the Act or a course completed elsewhere than in. Australia— equivalent to an approved course; or

(ii) in the case of a course completed in Australia after the commencement of the Act—an approved course,

of a level higher than the level of the approved course that he is undertaking or proposes to undertake;";

(d) by omitting from sub-paragraph (ii) of paragraph (g) of sub-regulation (1) all words from and including the word “ unless ” to and including the word “ course ”;

(e) by omitting from sub-paragraph (iii) of paragraph (g) of sub-regulation (1) all words from and including the word “ unless ”;

(f) by omitting sub-paragraphs (i) and. (ii) of paragraph (h) of sub-regulation (1) and substituting the following sub-paragraphs:—

“ (i) where he has undertaken 1 year of study only in his course, being a year of study that, he undertook as a full-time student —such subjects as he successfully completed represent one-half or less than one-half of a first year's work for a full-time student in that course;

(ii) where he has undertaken 2 years of study only in his course, being years of study that he undertook as a part-time student —such subjects as he successfully completed together represent one-half or less than one-half of the first 2 years' work for a part-lime student in. that course;”;

(g) by omitting sub-paragraph (v) of paragraph (h) of sub-regulation (1) and substituting the following sub-paragraph:—

“ (v) where he has undertaken 2 years of study only in his course, being a full-time year and a part-time year respectively— such subjects as he successfully completed in those 2 years of study together represent one-half or less than one-half of the sum of 1 year's work for a full-time student, and 1 year's work for a part-time student in that course;”;

(h) by inserting in sub-paragraph (vi) of paragraph (h) of sub-regulation (1) after the word “ represent ” the words “ less than ”;

(j) by omitting from sub-paragraph (vii) of paragraph (h) of sub-regulation (1) all words from and including the word “ unless ”;

(k) by omitting from paragraph (j) of sub-regulation (1) all words from and including the word “ unless ”;

(l) by omitting paragraph (k) of sub-regulation (1) and substituting the following paragraph:—

“ (k) if he has completed a course of tertiary education that is—

(i) in the case of a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia—equivalent to an approved course; or

(ii) in the case of a course completed in Australia after the commencement of the Act—an approved course,

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 part (if any) of the approved course that he has successfully undertaken (including any part of the completed course or any other course that he is credited with having completed as part of the approved course).”;

(m) by omitting paragraph (m) of sub-regulation (1) and substituting the following paragraph:—

“ (m) if he has discontinued a course of tertiary education that is—

(i) in the case of a course discontinued in Australia before the commencement of the Act or a course discontinued elsewhere than in Australia—equivalent to an approved course; or

(ii) in the case of a course discontinued in Australia after the commencement of the Act—an approved course,

of the same level as the approved course that he is undertaking, or proposes to undertake, and so much of the discontinued course as he undertook (whether successfully or not) before he discontinued that 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 has successfully undertaken (including any part of the discontinued course or any other course that he is credited with having completed as part of the approved course).”;

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

“ (2) Subject to sub-regulation (4), for the purposes of sub-regulation (1) an applicant shall be deemed not to have undertaken a year of a course, or a subject, in a year of study that—

(a) he discontinued in that year of study; and

(b) was not, for the purposes of determining the progress of the applicant in that year of study, counted by the tertiary education institution at which he undertook that year of study as a year of the course, or a subject, that was undertaken by the applicant in that year of study.”;

(p) by omitting from sub-regulation (3) the words “ paragraphs (1) (f) and (k) ” and substituting the words “ paragraphs (1) (f), (k) and (m) ”;

(q) by omitting paragraphs (a) and (b) of sub-regulation (4) and substituting the following paragraphs:—

“ (a) where that year of study commenced on the first day of January in a year—not later than—

(i) the thirtieth day of June in that year; or

(ii) the last day on which the applicant could have discontinued the first year of his course without being regarded by the tertiary education institution at which he was undertaking that course as having failed to complete successfully that first year of his course,

whichever last occurs; or

(b) where that year of study commenced on the first day of July in a year—not later than—

(i) the thirty-first day of December in that year; or

(ii) the last day on which the applicant could have discontinued the first year of his course without being regarded by the tertiary education institution at which he was undertaking that course as having failed to complete successfully that first year of his course,

whichever last occurs.”;

(r) by omitting from sub-regulation (5) the word “ illness ” and substituting the words “ his illness ”;

(s) by omitting from paragraph (a) of sub-regulation (7) the word “ ; and ”; and

(t) by omitting paragraph (b) of sub-regulation (7).

5. After regulation 34 of the Student Assistance Regulations, the following regulations are inserted:—

Eligibility—courses related to leaching.

“ 34a. (1) An applicant who is undertaking, or proposes to undertake, at a university or advanced education institution an approved course that is a degree or diploma course of initial teacher education entry to which is subject to completion of a first degree course or a first diploma course at a university or advanced education institution is not ineligible by virtue of paragraph 34 (1) (e), (k) or (m) for the grant of Assistance by reason only of his having—

(a) completed a course of tertiary education; or

(b) discontinued a course of tertiary education other than a degree or diploma course of initial teacher education.

“ (2) An applicant who is undertaking, or proposes to undertake, at a university or advanced education institution an approved course that is a degree or diploma course in a field of study other than a field of study specified in Schedule 6 is not ineligible by virtue of paragraph 34 (1) (k) for the grant of Assistance by reason only of his having completed a full-time diploma course of initial teacher education of 2 or 3 years' duration entry to which was not subject to completion of another course of tertiary education.

“ (3) An applicant who is undertaking, or proposes to undertake, at a university or advanced education institution an approved course that is a degree, diploma or certificate course in a field of study specified in Schedule 7 is not ineligible by virtue of paragraph 34 (1) (k) for the grant of Assistance by reason only of his having completed a diploma course of initial teacher education entry to which was subject to completion of a first degree course or a first diploma course.

“ (4) An applicant who is undertaking, or proposes to undertake, at a university or advanced education institution an approved course that is a degree or diploma course of initial teacher education entry to which is not subject to completion of another course of tertiary education is not ineligible by virtue of paragraph 34 (1) (m) for the grant of Assistance by reason only of his having discontinued a course of tertiary education other than a degree or diploma course of initial teacher education.

“ (5) An applicant who is undertaking, or proposes to undertake, at a university or advanced education institution an approved course that is a degree or diploma course other than a degree or diploma course in a field of study specified in Schedule 6 is not ineligible by virtue of paragraph 34 (1) (m) for the grant of Assistance by reason only of his having discontinued a course of tertiary education that he discontinued before successfully completing a full-time diploma course of initial teacher education—

(a) entry to which was not subject to completion of another course of tertiary education; and

(b) that is—

(i) in the case of a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia—equivalent to an approved course; or

(ii) in the case of a course completed in Australia after the commencement of the Act—an approved course.

Eligibility — technical education prior to 1 January 1974.

“ 34b. (1) An applicant is not ineligible by virtue of paragraph 34 (1) (f), (k) or (m) for the grant of Assistance by reason only of his having completed or discontinued before 1 January 1974 a course of technical education.

“ (2) A reference in sub-paragraph 34 (1) (g) (i) or (ii) to the last year of study undertaken by an applicant in an approved course shall, where that approved course is a course of technical education, be read as a reference to the most recent year of study undertaken by an applicant that ended after 1 January 1974.

“ (3) A reference in sub-paragraph 34 (1) (g) (iii) to each of the years of study undertaken by an applicant in an approved course shall, where that approved course is a course of technical education, be read as a reference to each of the years of study undertaken by an applicant that ended after 1 January 1974 and a reference to the part of an approved course that an applicant has successfully completed shall, where that approved course is a course of technical education, be read as a reference to the part of the approved course that an applicant successfully completed in each of the years of study that ended after 1 January 1974.

“ (4) A reference in paragraph 34 (1) (h) or (j) to a year of study undertaken by an applicant in an approved course shall, where that approved course is a course of technical education, be read as it reference to a year of study undertaken by an applicant that ended after 1 January 1974.

“ (5) A reference in paragraph 34 (1) (k) to work that an applicant successfully undertook in a completed course shall, where that completed course is a course of technical education completed on or after 1 January 1974, be read as a reference to work that an applicant successfully undertook on or after 1 January 1974 in a completed course.

“ (6) A reference in paragraph 34 (1) (m) to so much of a discontinued course as an applicant undertook (whether successfully or not) before he discontinued the course shall, where that discontinued course is a course of technical education that was discontinued on or after 1 January 1974, be read as a reference to so much of the discontinued course as an applicant undertook (whether successfully or not) on or after 1 January 1974.

Eligibility—course of social work.

“ 34c. In relation to an applicant who is undertaking, or proposes to undertake, an approved course that is a course of social work, a reference in paragraph 34 (1) (k) or (m) to one-half of a year's work for a full-time student in an approved course shall be read as a reference to one year's work for a full-time student in the approved course.”.

Living allowance—students deemed to be of independent status.

6. Regulation 41 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (2) the figures “ $1,400 ” and substituting the figures “ $1,600 ”;

(b) by omitting from paragraph (c) of sub-regulation (3) the figures “ $5,300 ” and substituting the figures “ $6,300 ”;

(c) by omitting from sub-regulation (4) the figures “ $1,400 ” and substituting the figures “ $1,600 ”;

(d) by omitting from sub-regulation (5) the figure “ $8 ” and substituting the figures “ $10 ”; and

(e) by omitting from sub-regulation (6) the figure “ $5 ” and substituting the figure “ $6 ”.

Living allowance—other students.

7. Regulation 42 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2) the figures “ $1,400 ” and substituting the figures “ $1,600 ”;

(b) by omitting from paragraph (b) of sub-regulation (2) the figures “ $850 ” and substituting the figures “ $1,000 ”;

(c) by omitting from paragraph (b) of sub-regulation (6) the figures “ $10,600 ” (wherever occurring) and substituting the figures “ $12,600 ”;

(d) by omitting from paragraph (b) of sub-regulation (6) the figures “ $5,300 ” and substituting the figures “ $6,300 ”;

(e) by omitting from sub-paragraph (ii) of paragraph (c) of sub-regulation (12) the figures “ $850 ” and “ $1,400 ” and substituting the figures “ $1,000 ” and “ $1,600 ” respectively;

(f) by omitting from sub-regulation (13) the figures “ $850 ” and “ $1,400 ” and substituting the figures “ $1,000 ” and “ $1,600 ” respectively; and

(g) by omitting from sub-regulation (16) the figure “ $5 ” and substituting the figure “ $6 ”.

Maximum allowance in respect of holder of existing scholarship residing at a residential college.

8. Regulation 45 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) the figures “ $1,400 ” and substituting the figures “ $1,600 ”.

Approval required for overseas study.

9. Regulation 57 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (9) the word “ illness ” and substituting the words “ his illness ”; and

(b) by omitting from sub-regulation (6) the figure and word “ 3 months ” and substituting the figure and word “ 6 months ”.

Suspension of Award during research work out of Australia.

10. Regulation 58 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (6) the words “ by reason of illness ” and substituting the words “ by reason of his illness ”; and

(b) by omitting from sub-regulation (6) the figure and word “ 3 months ” and substituting the figure and word “ 6 months ”.

Suspension arising out of illness, &c.

11. Regulation 60 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) the word “ illness ” and substituting the words “ his illness ”.

12. Regulation 64 of the Student Assistance Regulations is repealed and the following regulation substituted:—

Termination for failure to commence course.

“ 64. (1) Where the holder of—

(a) a Research Award; or

(b) an Advanced Education Institution Award in respect of a postgraduate course of research,

does not commence to undertake his post-graduate course as a full-time student—

(c) if, for a prescribed reason, he was prevented from commencing his course before the first day of April in the relevant year—before the first day of July in the relevant year; or

(d) in any other case—before the first day of April in the relevant year, his Award thereupon terminates.

“ (2) Where the holder of—

(a) a Course Award; or

(b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research,

in respect of a post-graduate course that consists of term studies or a post-graduate course that consists of semester studies (not being a course having second semester entry) does not commence to undertake his post-graduate course as a full-time student—

(c) if, for a prescribed reason, he was prevented from commencing his course at the commencement of the academic year applicable to him in the relevant year—before the first day of April in the relevant year; or

(d) in any other case—at the commencement of the academic year applicable to the holder in the relevant year,

his Award thereupon terminates.

“ (3) Where the holder of—

(a) a Course Award; or

(b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research,

in respect of a post-graduate course that consists of semester studies (being a course having second semester entry) does not commence to undertake his postgraduate course as a full-time student—

(c) if, for a prescribed reason, he was prevented from commencing his course at the commencement of the first semester applicable to him in the relevant year but was not so prevented from commencing his course on a day before the first day of April in the relevant year— before the first day of April in the relevant year;

(d) if, for a prescribed reason, he was prevented from commencing his course before the first day of April in the relevant year but was not so prevented from commencing his course at the commencement of the second semester applicable to him in the relevant year—at the commencement of the second semester applicable to him in the relevant year;

(e) if, for a prescribed reason, he was prevented from commencing his course before the first day of April in the relevant year and was prevented, for a prescribed reason, other than a prescribed reason

specified in paragraph (4) (a), (b), (c), (d) or (e), from commencing his course at the commencement of the second semester applicable to him in the relevant year—before the fifteenth day of August in the relevant year; or

(f) in any other case—at the commencement of the first semester applicable to him in the relevant year,

his Award thereupon terminates.

“ (4) For the purposes of sub-regulations (1), (2) and (3), each of the following reasons is a prescribed reason:—

(a) the late approval of the grant of the holder's Award;

(b) the holder's obligation to give reasonable notice of termination of his employment;

(c) the holder's inability to obtain leave of absence from his employment;

(d) the holder's professional or business commitments;

(e) the inability of the university or advanced education institution at which the holder was to undertake his post-graduate course to provide facilities or supervision for his course; and

(f) illness of the holder or other circumstances beyond the control of the holder.”.

13. After regulation 67 of the Student Assistance Regulations the following regulations are inserted:—

Termination on account of employment.

“ 67a. (1) Where—

(a) in the relevant year a holder has engaged in employment, or undertaken business on his own account, whether or not for fee or reward—

(i) in the case of a holder who commenced to undertake his course before the first day of July in that year—for periods exceeding in the aggregate 180 hours; or

(ii) in the case of a holder who commenced to undertake his course on or after the first day of July in that year—for periods exceeding in the aggregate 90 hours; or

(b) in a subsequent year a holder has engaged in employment, or undertaken business on his own account, whether or not for fee or reward, for periods exceeding in the aggregate 180 hours,

his Award thereupon terminates.

“ (2) For the purposes of sub-regulation (1), employment engaged in, or business undertaken, by a holder—

(a) prior to the commencement, or subsequent to the completion, of his post-graduate course;

(b) during a period in which his Award was suspended; or

(c) during a period of absence of the holder on leave for recreation referred to in sub-regulation 67 (2),

shall be disregarded.

Expiry of Award upon completion of course.

“ 67b. An Award, unless sooner terminated under these Regulations, expires upon the completion by the holder of his post-graduate course.”.

Expiry of Award by defluxion of time.

14. Regulation 68 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) the words “ unless sooner terminated under these Regulations ” and substituting the words “ unless it sooner expires, or is sooner terminated, under these Regulations ”.

Living allowance.

15. Regulation 70 of the Student Assistance Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (1) and substituting the following paragraph:—

“ (a) a holder has—

(i) a spouse who is dependent on the holder; or

(ii) a spouse and a child or children, each of whom is dependent on the holder; and ”;

(b) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2) the words “ , and one child, ”;

(c) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (2) the figures “ $3,726 ” and substituting the figures “ $3,770 ”;

(d) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (2) the words “ two or more children ” and substituting the words “ a child or children ”;

(e) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (2) the words “ other than the holder's eldest dependent child ”;

(f) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (2) the figures “ $3,726 ” and “ $260 ” and substituting the figures “ $3,770 ” and “ $312 ” respectively;

(g) by omitting paragraph (b) of sub-regulation (2);

(h) by omitting from paragraph (c) of sub-regulation (2) the figures “ $3,050 ” and “ $260 ” and substituting the figures “ $3,250 ” and “ $312 ” respectively;

(j) by omitting from sub-paragraph (i) of paragraph (d) of sub-regulation (2) the figures “ $3,050 ” and “ $260 ” and substituting the figures “ $3,250 ” and “ $312 ” respectively;

(k) by omitting from sub-paragraph (ii) of paragraph (d) of sub-regulation (2) the figures “ $3,050 ”, “ $416 ” and “ $260 ” and substituting the figures “ $3,250 ”, “ $520 ” and “ $312 ” respectively;

  • (l) by omitting from paragraph (e) of sub-regulation (2) the figures “ $3,050 ” and substituting the figures “$

     3,250 ”; and

(m) by omitting sub-regulation (6) and substituting the following sub-regulations:—

“ (6) Sub-regulation (5) applies to the holder of—

(a) a Course Award; or

(b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research,

other than a holder to whom sub-regulation (6a) applies.

“ (6a) The rate at which living allowance is payable in respect of a holder to whom this sub-regulation applies, or to a holder to whom this sub-regulation applies and the dependants of the holder, is—

(a) in the relevant year—the amount per week (being a week in the period of 20 weeks commencing on the first day of the week that would, if sub-regulation (5) applied to the holder

in that year, be the twenty-first week in the period of 40 weeks referred to in that sub-regulation) calculated in accordance with the formula ; or

(b) in a subsequent year—the amount per week (being a week in the period of 40 weeks commencing on the student pay day last preceding the last student pay day in the month of February in that year) calculated in accordance with the formula ;

where C is the maximum allowance in respect of the holder, or in respect of the holder and the dependants of the holder.

“ (6b) Sub-regulation (6a) applies to the holder of—

(a) a Course Award; or

(b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research,

who is undertaking, or proposes to undertake, semester studies in. his post-graduate course (being a course having second semester entry) and who commenced, or proposes to commence, his course in the second semester in the relevant year.”.

16. Regulation 72 of the Student Assistance Regulations is repealed and the following regulation substituted:—

Thesis allowance.

“ 72. (1) For the purposes of paragraph 15 (d) of the Act, there is payable in respect of a thesis by a holder, being a thesis that is accepted for submission, a thesis allowance equal to so much of the sum of the amounts paid by him, and in respect of which evidence of payment has been furnished to an authorized person, for typing, printing and presentation of the thesis as docs not exceed—

(a) in the case of a thesis for the award of the degree of Master—$150; and

(b) in the case of a thesis for the award of the degree of Doctor—$250.

" (2) Where the university at which a holder who is undertaking a postgraduate course for the award of the degree of Doctor requires the submission by the holder, as part of his course, of a thesis in respect of the degree of Master prior to the submission of a thesis in respect of that degree of Doctor, thesis allowance is payable under sub-regulation (1) in respect of each thesis.

" (3) In this regulation, 'thesis' includes an essay or dissertation.”.

Notice to be given of certain matters in relation to the holder of an Award.

17. Regulation 86 of the Student Assistance Regulations is amended by omitting paragraph (j) of sub-regulation (1).

Schedule 3.

18. Schedule 3 of the Student Assistance Regulations is amended by omitting all words from and including the words “ South Australia—" and substituting the words—

“ South Australia—

Muirden College

Western Australia—

Graduate College of Dance

Ngal-a Mothercraft Home and Training Centre ”.

Schedules 6 and 7.

19. The Student Assistance Regulations are amended by adding after Schedule 5 the following Schedules:—

SCHEDULE 6 Regulation 34a

FIELDS OF STUDY REFERRED TO IN SUB-REGULATIONS 34a (2) AND (5)

Administration and Management

Medical Laboratory Technology

Advertising

Medical Research Librarianship

Architecture

Medicine

Automatic Computing

Metallurgy

Biomedical Science

Meteorology

Building

Mining

Cartography

Nursing

Chiropody

Nutrition and Dietetics

Computing Studies

Occupational Therapy

Criminology

Oenology

Decentralization

Optometry

Dentistry

Orthoptics

Divinity

Pharmacy

Dramatic Art

Photography

Engineering

Physiotherapy

Farm Management

Poultry Technology

Forestry

Public Relations

Industrial Design

Quantity Surveying

Information Processing

Social Work

Interior Design

Speech Therapy

Journalism

Statistics

Jurisprudence

Surveying

Landscape Design

Town and Regional Planning

Law

Typography and Publication Design

Life Management

Urban Studies

Marketing

Valuation

Materials Science

Veterinary Science

Media

_____________

SCHEDULE 7 Regulation 34a

FIELDS OF STUDY REFERRED TO IN SUB-REGULATION 34a (3)

Educational psychology

Educational technology

Librarianship

Recreation

Remedial teaching

The education of disadvantaged groups

The education of the handicapped

         

Printed by Authority by the Government Printer of Australia

1

Notified in the Australian Government Gazette on 23 December 1974.

2

Statutory Rules 1974, No. 179, as amended by Statutory Rules 1974, No.

18988/74—Recommended retail price 15c 10/9.12.1974

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