Student Assistance Regulations (Amendment) (Cth)

Statutory Rules

1975 No. 219

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 twenty-second day of December, 1975.

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 amendment effected by regulation 7 shall be deemed to have come into operation on 15 October 1974.

(2) Sub-regulation 2(2) and regulations 3, 4, 5, 6, 8, 9, 10 and 11 shall come into operation on 1 January 1976.

Eligibility

2. (1) Regulation 34 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) the figures and word “ 34b and 34c ” and substituting the figures and word “ 34b, 34C and 34d ”.

(2) Regulation 34 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (1) of sub-regulation (1) the word “ or ” (last occurring);

(b) by adding at the end of paragraph (m) of sub-regulation (1) the word “ ;or ”;

(c) by adding at the end of sub-regulation (1) the following paragraph:—

“ (n) if—

(i) the final 2 years of study in the approved course consist of a year of study at honours level in one field of study

* Notified in the Australian Government Gazette on 23 December, 1975.

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

18145/75—Recommemded retail price 8c 10/15.12.1975

 

in the first of those years of study and a year of study at honours level in another field of study in the second of those years of study;

(ii) he is undertaking, or proposes to undertake, study at honours level, in the last-mentioned field of study in the second of those years of study; and

(iii) has not succeeded in the first of those years of study in attaining honours in the first-mentioned field of study at a level equal to or greater than upper second class honours.”; and

(d) by omitting from sub-regulation (11) the words “the year’s work undertaken by the applicant consisted wholly or substantially ” and substituting the words “ more than one-half of the year’s work undertaken by the applicant consisted ”.

Prescribed fees.

3. Regulation 40 of the Student Assistance Regulations is repealed.

Living allowance— students deemed to be of independent status.

4. Regulation 41 of the Student Assistance Regulations is amended by omitting sub-regulation (6) and substituting the following sub-regulations:—

“ (6) Subject to sub-regulation (6a), where living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of a grantee and the dependants of the grantee, and the grantee has a child or children wholly or substantially dependent on the grantee, the rate at which living allowance is payable in respect of the grantee and the dependants of the grantee shall be increased by $7 per week for each such child,

“ (6a) Where achild is substantially dependent on two grantees in respect of each of whom, or in respect of each of whom and whose dependants, living allowance is payable under sub-regulation (3), the rate of living allowance payable in respect only of the female grantee, or in respect only of the female grantee and her dependants, shall be increased under sub-regulation (6) in respect of that child.”.

Living allowance— other students.

5Regulation 42 of the Student Assistance Regulations is amended by inserting after sub-regulation (14) the following sub-regulation:—

“ (14a) For the purposes of sub-regulations (12) and (13), in computing the income in the relevant year of a brother or sister referred to in paragraph (12) (b), money received by the brother or sister from employment undertaken or engaged in during the months of January, February, November and December of that year shall be disregarded.”.

Fares allowance.

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

(a) by omitting from paragraph (a) of sub-regulation (2) the word “ or ” (last occurring);

(b) by adding at the end of paragraph (b) of sub-regulation (2) the word “ ; or ”;

(c) by adding at the end of sub-regulation (2) the following paragraph:—

“ (c) a grantee whose permanent home is not within Australia.”; and

(d) by adding at the end thereof the following sub-regulation:—

“ (9) In this regulation, ‘ Australia ’ includes an External Territory.”.

 

7. Regulation 69 of the Student Assistance Regulations is repealed and the following regulation substituted:—

Payments in relation to the cost of a post-graduate course.

“ 69. (1) For the purposes of paragraph 15 (a) of the Act there is payable—

(a) in relation to the cost in the relevant year of the course undertaken by the holder of a Research Award—the amount of $500; and

(b) in relation to the cost of that course in each subsequent year in which the holder undertakes full-time studies for a period, or periods in the aggregate, exceeding 3 months—the amount of—

(i) where the holder undertakes full-time studies in his postgraduate course for a period, or periods in the aggregate, of less than 6 months in that year—$250; or

(ii) where the holder undertakes full-time studies in his postgraduate course for a period, or periods in the aggregate, of 6 months or more in that year—$500.

“ (2) Sub-regulation (1) does not apply in relation to the cost in the year commencing 1 January 1976, or in a subsequent year, of the course undertaken by the holder of a Research Award.”.

Thesis allowance.

8. Regulation 72 of the Student Assistance Regulations is amended by inserting in sub-regulation (1) after the word “ furnished ” the words “ , not later than 24 months after the date of termination or expiry of the Award,”.

Establishment allowance.

9. Regulation 73 of the Student Assistance Regulations is amended by omitting paragraphs (c) and (d) and substituting the following paragraphs:—

“ (c) in the case of a holder who—

(i) has a spouse, not being a spouse who is living separately and apart from the holder; or

(ii) has a child, or children, wholly or substantially dependent on him—•

$150; or

(d) in any other case—$75.”.

Fares allowance.

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

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

“ (a) who normally resides at a place in Australia other than the town or city in which the. university or advanced education institution in respect of which his Award has been granted is situated, makes a journey from that place to that town or city for the purpose of commencing his post-graduate course;

(aa) who, having—

(i) resided continuously outside Australia during the prescribed period; and

(ii) travelled in the relevant year to Australia for the purpose of commencing his post-graduate course,

makes a journey for that purpose from his place of entry into Australia to the town or city in which the university or advanced education institution in respect of which his Award has been granted is situated; or ”; and

 

(b) by adding at the end thereof the following sub-regulation:—

“ (6) In this regulation—

‘ Australia ’ includes an External Territory;

‘ place ofentry into Australia ’, in relation to a holder, means the place at which the holder first arrives in Australia, whether or not he finally disembarks at that place from the vessel in which he travelled to Australia;

‘ prescribed period ’, in relation to a holder, means the period of 12 months ending on the day on which the holder arrives at his place of entry into Australia;

‘ vessel ’ includes aircraft.”.

Notice to be given of certain matters in relation to agrantee of Assistance.

11. Regulation 85 of the Student Assistance Regulations is amended—

(a) by omitting paragraphs (f), (g) and (h) of sub-regulation (1) and substituting the following paragraphs:—

“ (f) the grantee becomes divorced;

(g) the spouse of the grantee dies;

(h) the spouse of the grantee ceases to reside permanently with the grantee;”;

(b) byinserting after paragraph (n) of sub-regulation (1) the following paragraph:—

“ (na) the rate at which living allowance is payable in respect of the grantee, or in respect of the .grantee and his dependants, is reduced byvirtue of an increase in the income in the relevant year, from all sources, of the spouse of the grantee;”; and

(c) by omitting from paragraph (q) of sub-regulation (1) the word and figures “ sub-regulation 42 (12) ” and substituting the word and figures “ sub-regulation 42 (14) ”.

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