Student Assistance Regulations (Amendment) (Cth)

Statutory Rules

1974 No. 235

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973.*

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 fourth day of December, 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Minister of State for Education.

 

Amendments of the Student Assistance Regulations

Suspension on account of absence.

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

(a) by omitting from sub-regulation (1) the words “illness of the holder or”;

(b) by inserting in sub-regulation (2) after the words “the illness of the holder” the words “or other circumstances beyond the control of the holder”;

(c) by omitting from sub-regulation (3) the words “Subject to sub-regulation (4), where” and substituting the word “Where”;

(d) by omitting sub-regulation (4); and

(e) by omitting sub-regulation (7).

2. Regulation 12 of the Student Assistance Regulations is repealed and the following regulations substituted:—

Suspension on account of illness, &c.

“12. (1) Subject to regulation 12a, where—

(a) by reason of the illness of the holder or other circumstances beyond his control, a holder has been unable, for a continuous period of 6 months (including any period that is a school vacation applicable to the holder), to undertake full-time studies in an approved course at a secondary school; and

 

* Notified in the Australian Government Gazette on 6 December 1974.

  Statutory Rules 1974, No. 179.

18507/74—Recommended retail price 8c 10/27.11.1974

 

(b) the holder is unlikely, on account of that illness or those circumstances, to undertake full-time studies in an approved course at a secondary school during the period of 20 school days (being school days applicable to that secondary school) commencing on the first school day next following the expiration of that period of 6 months,

his Scholarship is suspended upon the expiration of that period of 6 months until—

(c) he resumes his studies in an approved course at a secondary school; or

(d) the expiration of the period of 12 months from the day on which his Scholarship is so suspended,

whichever first occurs.

“(2) Where a holder whose Scholarship has been suspended under sub-regulation (1) resumes his studies in an approved course at a secondary school within the period of 20 school days referred to in paragraph (1) (b), his Scholarship shall be deemed not to have been so suspended under sub-regulation; (1).

“(3) Subject to regulation 12a, where, by reason of the illness of the holder or other circumstances beyond his control, a holder, other than a holder whose Scholarship has been suspended under sub-regulation (1) in respect of that illness or those circumstances, has been unable—

(a) for a continuous period of 6 months (including any period that is a school vacation applicable to the holder); and

(b) for the further period of 20 school days (being school days applicable to the secondary school at which the holder was undertaking an approved course immediately before the commencement of that period of 6 months) that commenced on the first school day next following the expiration of that period of 6 months,

to undertake full-time studies in an approved course at a secondary school, his Scholarship shall be deemed to have been suspended upon the expiration of that period of 6 months until—

(c) he resumes his studies in an approved course at a secondary school; or

(d) the expiration of the period of 12 months from the expiration of that period of 6 months,

whichever first occurs,

Termination on account of failure to resume studies after illness, &c.

“12a. Where a holder whose Scholarship has been suspended, or is to be deemed to have been suspended, on a day under regulation 12 by reason of his inability to undertake full-time studies in an approved course at a secondary school has not, before the expiration of the first school day applicable to that school next following the expiration of the period of 12 months from that day, recommenced his studies in an approved course at a secondary school, his Scholarship thereupon terminates.”.

Suspension on account of repeated third last year studies due to inter-State transfer.

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

(a) by omitting from sub-regulation (1) the words “Subject to regulation 16” and substituting the words “Subject to regulations 16, 17 and 18”; and

(b) by omitting sub-regulation (3).

 

4. Regulations 16 17 and 18 of the Student Assistance Regulations are repealed and the following regulations substituted:—

Suspension on account of discontinuation of third last year studies following inter-State transfer.

“16. Where a holder whose Scholarship has been suspended under sub-regulation 15 (1) discontinues his full-time studies in a course of secondary education at a school—

(a) the suspension under sub-regulation 15 (1) thereupon lapses; and

(b) his Scholarship is suspended under this regulation until—

(i) he commences to undertake studies in an approved course at a secondary school; or

(ii) the expiration of the period of 12 months from the day on which he so discontinues his full-time studies in a course of secondary education at a school,

whichever first occurs.

Termination on account of failure to resume studies after discontinuation following inter-State transfer.

“17. Where a holder whose Scholarship has been suspended under regulation 16 on account of the holder’s discontinuation of his full-time studies in a course of secondary education at a school has not, before the expiration of the first school day applicable to that school next following the expiration of the period of 12 months from the day on which his Scholarship was so suspended, commenced to undertake an approved course at a secondary school, his Scholarship thereupon terminates.

Termination on account of failure to undertake approved course following inter-State transfer.

“18. (1) Where a holder whose Scholarship has been suspended under sub-regulation 15 (1) in a year (other than a holder whose Scholarship has subsequently been suspended under regulation 16) has not, at the end of that year, qualified to undertake an approved course, an authorized person shall terminate the holder’s Scholarship.

“(2) An authorized person shall not terminate a Scholarship under sub-regulation (1) if the holder’s failure to qualify to undertake an approved course is due principally to the transfer of the holder from a school in a State to a school in another State or the illness of the holder or other circumstances beyond the control of the holder.”.

5. Regulation 23 of the Student Assistance Regulations is repealed and the following regulation substituted:—

Termination for unsatisfactory progress or attendance.

“23. (1) Subject to sub-regulation (2), where—

(a) a holder has not, at the end of the second last year of his course of secondary education, qualified to enter the last year of that course; or

(b) the progress or attendance of a holder is unsatisfactory,

an authorized person shall terminate the holder’s Scholarship.

“(2) An authorized person shall not terminate a Scholarship under sub-regulation (1)—

(a) if the Scholarship is suspended under these Regulations; or

(b) if—

(i) the holder’s failure, at the end of the second last year of his course of secondary education, to qualify to enter the last year of that course; or

(ii) the unsatisfactory progress or attendance of the holder,

is due principally to the transfer of the holder from a school in a State to a school in another State or the illness of the holder or other circumstances beyond the control of the holder,

 

6. Regulation 66 of the Student Assistance Regulations is repealed and the following regulation substituted:—

Termination for unsatisfactory progress.

“66. (1) Subject to sub-regulation (2), where a holder’s progress in his post-graduate course is unsatisfactory, an authorized person shall terminate the holder’s Award.

“(2) An authorized person shall not terminate an Award under sub-regulation (1) if—

(a) the Award is suspended under these Regulations; or

(b) the unsatisfactory progress of the holder is due principally to the illness of the holder or other circumstances beyond the control of the holder.”.

Remuneration of Chairman.

7.Regulation 81 is amended by omitting all words from and including the words “a fee” and substituting the words “, in respect of a day on which he performs the duties of his office, a fee of $60”.

Remuneration of a member.

8.Regulation 82 is amended by omitting all words from and including the words “a fee” and substituting the words “, in respect of a day on which he performs the duties of his office, a fee of $35”.

9.The Student Assistance Regulations are amended by adding at the and thereof the following regulation:—

Decision of authorized person in relation to events or circumstances.

“92. (1) The operation of a provision of these Regulations that provides, in relation to a person to whom student assistance to which the Act applies has been granted, that upon the happening of a specified event, or that in specified circumstances, the assistance is suspended or terminated, or shall be suspended or terminated by an authorized person, is subject to a decision by an authorized person that the event has happened or that the circumstances exist.

“(2) An authorized person by whom a decision is made under sub-regulation (1) shall notify the person to whom the decision relates in writing of the decision.”.

Application of regulations 7 and 8.

10. The amendments effected by regulations 7 and 8 shall be deemed to have come into operation on 15 October 1974.

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