Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 4041

 

Student Assistance Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Student Assistance Act 1973.

Dated 21 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Margaret Reynolds

Minister of State for Local Government for and on behalf of Minister of State for Employment and Education Services

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Student Assistance Regulations.

Meaning of “prescribed educational scheme”

2. Regulation 6 of the Principal Regulations is amended:

(a) by omitting “paragraph 31a (1) (d)” and substituting, “subparagraph 30b (2) (a) (iii)”;

(b) by omitting paragraphs (a), (b) and (c).

Interpretation

3. Regulation 29 of the Principal Regulations is amended by omitting from paragraph (f) of the definition of “pension benefit” in subregulation (1) “under student assistance, under the Veterans’ Children Education Scheme or a prescribed educational scheme or by an education institution” and substituting:

“under:

(i) the AUSTUDY scheme: or

(ii) a Post-Graduate Award: or

 

(S.R. 437/89)—Cat. No.  14/11.12.1989.

(iii) the Veterans’ Children Education Scheme; or

(iv) a current special educational assistance scheme; or

(v) a prescribed educational scheme;

or by an educational institution.”.

Independent status

4. Regulation 30 of the Principal Regulations is amended by omitting from subparagraph (2) (e) (v) “under student assistance, under the Veterans’ Children Education Scheme or a prescribed educational scheme or by an education institution” and substituting:

“under:

(a) the AUSTUDY scheme; or

(b) a Post-Graduate Award; or

(c) the Veterans’ Children Education Scheme; or

(d) a current special educational assistance scheme; or

(e) a prescribed educational scheme;

or by an educational institution;”.

Notice to be given of matters affecting Assistance

5. Regulation 85 of the Principal Regulations is amended:

(a) by omitting all the words before paragraph (1) (a) and substituting “For the purposes of section 31fa of the Act, the following events in relation to a grantee who is receiving, or entitled to receive, an amount under the AUSTUDY scheme are prescribed:”;

(b) by omitting from paragraph (1) (a) “—the end of that period”;

(c) by omitting paragraph (1) (aa);

(d) by omitting paragraph (1) (i);

(e) by omitting from paragraph (1) (j) “, including income from educational assistance within the meaning of subregulation 41 (7),”;

(f) by omitting paragraph (1) (k):

(g) by omitting paragraph (1) (l) and substituting the following paragraph:

“(l) the income of the grantee in the relevant period (being a grantee to whom regulation 42 applies) exceeds the prescribed allowable income;”;

(h) by omitting paragraph (1) (p) and substituting the following paragraph:

“(p) subregulation 42 (8) ceases to apply to a brother or sister of a grantee (being a grantee to whom regulation 42 applies);”;

(i) by omitting paragraph (1) (s) “or” (last occurring);

(j) by omitting from subregulation (1) “; give notice of the fact, in writing, to an authorised person.

Penalty: $1,000 or imprisonment for 6 months, or both”:

 

(k) by omitting subregulations (1a) and (1b) and substituting the following subregulation:

“(1a) If:

(a) a student who has applied for, or who has been granted, assistance in respect of a short course or late starting course in respect of a period in a year does not commence to undertake study in that course in that year as a full-time student on the commencement of that course in that year; or

(b) a student who has applied for, or who has been granted, assistance in respect of a course that is not referred to in paragraph (a) does not commence to undertake study in that course in that year as a full-time student on at least 1 day in the allowable starting period applicable in respect of a term or semester of that course;

the failure to commence is a prescribed event for the purposes of section 31fa of the Act.”.

Notice to be given of certain matters relating to holders of Awards

6. Regulation 86 of the Principal Regulations is amended:

(a) by omitting all the words before paragraph (l) (a) and substituting “For the purposes of section 31fa of the Act, the following events in relation to the holder of an Award are prescribed:”;

(b) by omitting from paragraph (1) (k) “or”;

(c) by omitting from subregulation (1) “, give notice of the fact, in writing, to an authorized person.

Penalty: $1,000 or imprisonment for 6 months, or both.”.

7. After regulation 86 of the Principal Regulations the following regulation is inserted:

Manner of notifying prescribed events

“86a. For the purposes of section 31fa of the Act, a person must notify the Department of the happening of a prescribed event in relation to the person by sending notice in writing, signed by the person, to any office of the Department.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 119 and see also Statutory Rules 1989 No. 119, 402 and 403

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