Student Assistance Regulations (Amendment) (Cth)

Statutory Rules1989 No. 4031

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.

2. Regulations 4 and 4a of the Principal Regulations are repealed and the following regulation substituted:

Meaning of “higher education institution”

“4. For the purposes of the definition of ‘higher education institution’ in subsection 5 (1) of the Act, each educational institution that is referred to in subsection 34 (4) of the Higher Education Funding Act 1988 and the Marcus Oldham College of Farm Management is to be treated as a higher education institution for the purposes of the Act.”.

Meaning of “permanent resident”

3. Regulation 5 of the Principal Regulations is amended by omitting “classes of persons is to be treated, for the purposes of the Act, as a class of persons” and substituting “persons is to be treated, for the purposes of the Act, as”.

 

(S.R. 438/89)—Cat. No. 14/12.12.1989

New Part heading

4. The heading to Part III of the Principal Regulations is repealed and the following heading substituted:

“PART III—AUSTUDY SCHEME”.

Interpretation

5. Regulation 29 of the Principal Regulations is amended:

(a) by omitting the definition of “Assistance” in subregulation (1) and substituting the following definitions:

“ ‘Assistance’ means a benefit granted under the Act under the AUSTUDY scheme;

‘AUSTUDY scheme’ means the scheme referred to in section 9 of the Act;”;

(b) by omitting from the definition of “Master’s qualifying course” in subregulation (1) “university” and substituting “higher education institution”;

(c) by omitting from the definition of “semester” in subregulation (1) “university, an advanced” and substituting “higher”;

(d) by omitting subregulation (2).

New Division heading

6. The heading to Division 1a of Part III of the Principal Regulations is repealed and the following heading substituted:

“Division 1A—Grant of AUSTUDY benefits”.

Ineligibility: previous study and other reasons

7. Regulation 34 of the Principal Regulations is amended:

(a) by omitting from paragraph (3) (a) “university” and substituting “higher education institution”;

(b) by omitting paragraphs (3) (b), (c) and (d) and substituting the following paragraph:

“(b) a post-graduate or graduate diploma course at a higher education institution;”;

(c) by omitting from paragraph (3) (e) “university or an advanced” and substituting “higher”;

(d) by omitting paragraphs (3a) (b) and (c) and substituting the following paragraph:

“(b) a bachelor degree course (other than a post-graduate bachelor degree course) with or without honours at a higher education institution;”;

(e) by omitting from paragraphs (3a) (d) and (e) “university or an advanced” and substituting “higher”;

(f) by omitting from paragraph (3a) (f) “an advanced” and substituting “a higher”;

(g) by omitting from paragraph (3a) (g) “an advanced” and “that advanced” and substituting “a higher” and “that higher” respectively;

(h) by omitting from paragraph (3b) (a) “an advanced” and substituting “a higher”;

(i) by omitting subregulation (3d) and substituting the following subregulation:

“(3d) For the purposes of this regulation, a post-graduate or graduate diploma course at a higher education institution, a normal requirement for entry to which is completion of another such course, is of a higher level than that other course.”;

(j) by omitting from subregulation (5b) “university or an advanced” and substituting “higher”;

(k) by omitting from subregulation (5c) “university” and “university’s” and substituting “higher education institution” and “higher education institution’s” respectively;

(l) by omitting from subregulation (5d) “university” (wherever occurring) and substituting “higher education institution”.

Ineligibility: adult secondary students—repeat year of secondary study

8. Regulation 34e of the Principal Regulations is amended:

(a) by omitting from subregulation (6) all the words before paragraph (a) and substituting: “For the purposes of this regulation, study in the final year of a course of secondary education at a higher education institution or a technical or further education institution is:”;

(b) by omitting from paragraphs (6) (a), (b) and (c) “university, an advanced” and substituting “higher”;

(c) by omitting from paragraph (6) (c) “educational” (last occurring).

New Division heading

9. The heading to Division 2 of Part III of the Principal Regulations is repealed and the following heading substituted:

“Division 2—AUSTUDY benefits”.

Interpretation of regulations 44b, 44c, 44d and 44e

10. Regulation 44a of the Principal Regulations is amended by omitting paragraph (1) (b) and substituting the following word and paragraph:

“; or (b) a secondary student who is undertaking, or proposes to undertake, an approved secondary course at a technical and further education institution or a higher education institution; or”.

Interpretation: Part IV

11. Regulation 49 of the Principal Regulations is amended:

(a) by omitting from the definition of “Advanced Education Award” in subregulation (1) “an advanced” and substituting “a higher”:

(b) by omitting from the definitions of “Course Award” and “Research Award” in subregulation (1) “university” and substituting “higher education institution”.

Repeal

12. Schedule 1 to the Principal Regulations is repealed.

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, and 402

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