Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 3451

 

Student Assistance Regulations2

(Amendment)

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

Dated 15 December 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

J. S. Dawkins

Minister of State for Employment and Education Services

 

Commencement

1. (1) Regulation 3 shall be taken to have commenced on 1 July 1988.

(2) Subregulation 5 (1) shall be taken to have commenced on 22 April 1988.

(3) Subregulations 5 (2) and 8 (1) and regulations 9, 10 and 11 shall be taken to have commenced on 1 January 1988.

(4) Regulation 16 shall be taken to have commenced on 8 February 1988.

Principal Regulations

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

 

(S.R. 359/88)—Cat. No. 16/22.11.1988

 

Meaning of “university”

3. Regulation 4a of the Principal Regulations is amended by adding at the end the following paragraph:

“(c) the Australian National University.”.

Meaning of “prescribed educational scheme”

4. Regulation 6 of the Principal Regulations is amended by adding at the end the following paragraph:

“(f) the scheme to provide living allowances for persons undertaking English as a Second Language courses at technical and further education institutions.”.

Interpretation—Part III

5. (1) Regulation 29 of the Principal Regulations is amended by omitting “section 21 of the Child Welfare Ordinance 1957”from subparagraph (a) (xi) of the definition of “income” in subregulation (1) and substituting “section 98 of the Children’s Services Ordinance 1986”.

(2) Regulation 29 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:

“(1a) Notwithstanding the definition of ‘income’ in subregulation (1), where, in respect of the spouse or a parent of a grantee who applied for Assistance for a year earlier than 1988, an amount derived by the spouse or parent:

(a) is an amount to which section 36aaa of the Income Tax Assessment Act applies; and

(b) was:

(i) derived in a financial year ending in the year preceding the year for which the application was made; or

(ii) if the grantee sought to have regulation 41a or 42a apply in respect of that spouse or parent in the year for which the application was made—derived in the financial year ending in the year for which the application was made;

that amount shall be disregarded when calculating the spouse’s or parent’s taxable income.”.

(3) Regulation 29 of the Principal Regulations is amended by omitting from paragraph (4e) (a) “Higher School Certificate in Victoria” and substituting “Victorian Certificate of Education”.

Levels of prescribed courses

6. Regulation 34a of the Principal Regulations is amended by omitting from subregulation (2) “International Relations” and substituting “Comparative Systems”.

 

Ineligibility—adult secondary students—repeat year of secondary study

7. Regulation 34e of the Principal Regulations is amended by omitting “International Relations” from the definition of “repeat year of secondary study” in subregulation (1) and substituting “Comparative Systems”.

Living allowance—students of independent status

8. (1) Regulation 41 of the Principal Regulations is amended by omitting paragraph (3) (aa).

(2) Regulation 41 of the Principal Regulations is amended by omitting from subparagraph (5) (b) (i) “(other than family allowance paid under Part X of that Act)”.

Living allowance—students not of independent status

9. Regulation 42 of the Principal Regulations is amended by omitting paragraph (3) (bb).

Living allowance—parental income concession

10. Regulation 42a of the Principal Regulations is amended:

(a) by omitting from subregulation (5) “to whom regulation 42 applies”;

(b) by adding at the end the following subregulation:

“(6) If a grantee has, in respect of a day in a relevant period:

(a) 2 parents, each of whom is entitled to receive living allowance in respect of his or her own studies;

(b) a parent to whom subregulation 41 (5) applies; or

(c) a parent who does not have a spouse and who is entitled to receive living allowance in respect of his or her own studies;

paragraph 42 (3) (a) shall be disregarded when calculating:

(d) whether living allowance is payable under subregulation 42 (3), in respect of that day in respect of that grantee; and

(e) the rate at which that living allowance is payable under subregulation 42 (4), in respect of that day in respect of that grantee.”.

Secondary students—full-time workload

11. Regulation 44g of the Principal Regulations is amended by adding at the end the following subregulation:

“(2) Where a prescribed secondary student:

(a) ceases to undertake an approved secondary course at a secondary school;

(b) on ceasing to undertake that course, proposes to undertake as soon as possible an approved secondary course at another secondary school;

 

(c) is prevented from doing so by circumstances beyond his or her control; and

(d) as soon as possible after those circumstances cease to apply, undertakes an approved secondary course at a secondary school later in the relevant year;

subregulation (1) does not apply to the student during the period that commences when the student ceases to undertake the first course and ends when the student commences to undertake the last-mentioned course.”.

Time limit for applications—change in circumstances

12. Regulation 45a of the Principal Regulations is amended by inserting in paragraph (1) (b) “or would” after “would,”.

Time limit for applications—extenuating circumstances

13. Regulation 45b of the Principal Regulations is amended;

(a) by inserting in subregulation (1) “, for the purposes of those regulations,” after “shall”;

(b) by inserting in subregulation (2) “, for the purposes of regulations 45 and 45a,” after “shall”.

14. After regulation 80 of the Principal Regulations the following regulation is inserted in Part V:

Notice under paragraph 25a (3) (c) of the Act

“81. A notice under paragraph 25a (3) (c) of the Act shall be in a form approved by the Convenor.”.

Notice to be given of certain matters affecting Assistance

15. Regulation 85 of the Principal Regulations is amended by omitting from paragraph (1) (s) “be,” and substituting “be”.

Schedule 1

16. Schedule 1 to the Principal Regulations is amended by omitting:

“Canberra School of Art

Canberra School of Music”,

and substituting:

“Canberra Institute of the Arts”.

 

notes

1. Notified in the Commonwealth of Australia Gazette on 21 December 1988.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 316 see also Act No. 80, 1988 and Statutory Rules 1988 No. 316.

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