Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1990

No. 4421

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 17 December 1990.

BILL HAYDEN

Governor-General

By His Excellency's Command,

P Baldwin

Minister of State for Higher Education and Employment Services

Commencement

1.(1) Subregulation 3 (1), paragraphs 6 (a) and (b), 8 (a), (b) and (c), regulations 9, 10 and 11, paragraph 12 (a), regulations 13 to 17 (inclusive), paragraph 22 (b) and regulation 25 are taken to have commenced on 1 January 1990.

(2) Subregulation 3 (2) and regulations 5, 19, 20, 23 and 24 commence on 1 January 1991.

(3) Regulation 4 is taken to have commenced on 19 December 1989.

(S.R. 32/90)—Cat. No.  14/5.12.1990

(4) Paragraphs 6 (c) and (d) are taken to have commenced on 1 January 1989.

(5) Regulation 7 is taken to have commenced on 1 January 1987.

(6) Paragraph 8 (d) is taken to have commenced on 1 March 1989.

(7) Paragraph 12 (b) is taken to have commenced on 15 September 1989.

(8) Regulation 26 is taken to have commenced on 4 December 1989.

Principal Regulations

2. In these Regulations, "Principal Regulations" means the Student Assistance Regulations.

Interpretation: general

3. (1) Regulation 3 of the Principal Regulations is amended by omitting paragraph (c) of the definition of "child" in subregulation (1).

(2) Regulation 3 of the Principal Regulations is amended by inserting in subregulation (1) the following definition:

“ ‘student assistance’ means assistance under the Act under a Postgraduate Award;".

Meaning of "permanent resident"

4. Regulation 5 of the Principal Regulations is amended:

(a) by omitting from paragraph (a) "14a (2)" and substituting "58 (2)";

(b) by omitting paragraph (b) and substituting the following paragraph:

“(b) persons specified in paragraph 106 (2) (a) or (b) of that Act who have settled permanently in Australia".

Repeal

5. Regulations 6 and 7 and Part III of the Principal Regulations are repealed.

Interpretation

6. Regulation 29 of the Principal Regulations is amended:

(a) by omitting from subparagraph (a) (x) of the definition of "income" in subregulation (1) "or";

(b) by adding at the end of paragraph (a) of the definition of "income" in subregulation (1) the following word and subparagraph:

“or (xii) that is exempt from income tax under paragraph 23 (s) or (sa) of the Income Tax Assessment Act;";

(c) by omitting from paragraph (4e) (e) "6" and substituting "5";

 

(d) by omitting from paragraph (4e) (f) "4" and substituting "3".

Students who cease to be continuing pensioner students

7. Regulation 29a of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

“(1) A person who is a continuing pensioner student and who:

(a) ceases for a period of less than 12 months to be entitled to a pension specified in Schedule 3a; and

(b) is not entitled in respect of the period to another pension of that kind; and

(c) at the end of the period, becomes entitled to a pension of that kind;

is taken:

(d) not to be a continuing pensioner student in the period; and

(e) to have become a continuing pensioner student at the end of the period.".

Independent status

8. Regulation 30 of the Principal Regulations is amended:

(a) by omitting subparagraph (1a) (c) (i) and substituting the following subparagraphs:

“(i) does not live at a home of a natural or adoptive parent of the person because domestic violence, incestuous harassment or other exceptional circumstances make it unreasonable to expect the person to live at a home of the parent;

(ia) where subparagraph (i) does not apply, has not lived, for a continuous period of at least 14 days, at a home of the parent because the parent does not have a home or does not allow the person to live at his or her home;";

(b) by omitting paragraph (1a) (d) and substituting the following paragraph

“(d) if the person:

(i) has been granted refugee status by the Australian Government or admitted into Australia as a refugee by the Government; or

(ii) is the holder of a visa in relation to which regulation 102 or 103 of the Migration Regulations, as in force from time to time, applies;

and does not have a natural or adoptive parent in Australia";

(c) by omitting paragraph (1c) (c) and substituting the following paragraph:

“(c) likely to be mentally incapacitated, or resident in a nursing home, for an indefinite period; or";

(d) by omitting from subparagraph (2) (b) (ii) "industrial agreement or award" and substituting "award under the Industrial Relations Act 1988".

Ineligibility—benefit from the Commonwealth for education or vocational training

9. Regulation 33 of the Principal Regulations is amended:

(a) by inserting "the Australian Capital Territory or" after "other than"; and

(b) by adding at the end the following word and subparagraph:

“or (c) assistance provided under Part III of the Disability Services Act 1986".

Ineligibility—New Zealand citizens

10. Regulation 33c of the Principal Regulations is repealed and the following regulation substituted:

Ineligibility—New Zealand citizens

“33c. A New Zealand citizen who is included in the class of persons specified in paragraph 5 (b) is not eligible to be granted Assistance in respect of a period unless:

(a) the citizen has been resident in Australia continuously for at least 26 weeks before the period begins; or

(b) the citizen has been resident in Australia for at least 44 of the last 52 weeks before the period begins.".

Ineligibility: adult secondary students—repeat year of secondary study

11. Regulation 34e of the Principal Regulations is amended by omitting paragraph (2) (b) and substituting the following paragraphs:

“(b) if the student is undertaking, or proposes to undertake, study at year 11 level or year 12 level—the native language of the student not being English; or

(c) other circumstances beyond his or her control that did not apply at the commencement of the study;".

Termination: completion or cessation of approved courses

12. Regulation 37 of the Principal Regulations is amended:

(a) by inserting in subregulation (1) "and regulation 37a" after "and (4)";

(b) by omitting paragraph (1) (a) and substituting the following paragraph:

“(a) where the student is undertaking study in the course as a full-time student on the last day of the course in that year and that day occurs during the period beginning on 15 September and ending on 31 December in that year—at the end of that year;".

13. After regulation 37 of the Principal Regulations the following regulation is inserted:

Students transferring from secondary to tertiary approved courses

“37a. Where a student:

(a) ceases to undertake an approved secondary course in a year; and

(b) commences an approved tertiary course in that year; and

(c) unless prevented by circumstances beyond his or her control, commences the tertiary course on the first day after the student ceased the secondary course on which the educational institution concerned will admit that student; and

(d) is entitled to living allowance in respect of the last day on which he or she undertakes the secondary course; and

(e) is entitled to living allowance in respect of the first day on which he or she undertakes the tertiary course; and

(f) except if the student did not undertake the tertiary course on the day referred to in paragraph (c) because of circumstances beyond his or her control, the day referred to in paragraph (e) is not more than a period of 28 days after the day referred to in paragraph (d);

the student is taken to be enrolled in, and undertaking, the tertiary course in the period described in paragraph (f).".

Living allowance: students of independent status

14. Regulation 41 of the Principal Regulations is amended:

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

“(a) the amount (if any) calculated on the basis of $1 for every $2 by which the amount of any income of the grantee in the relevant period exceeds the prescribed allowable income; and";

(b) by omitting from paragraph (3) (c) "in respect of whom living allowance is payable under paragraph 11 (b) of the Act" and substituting "to whom living allowance is payable";

(c) by omitting from subregulation (3ab) "$16,950" and substituting "$18,150";

(d) by omitting from the definition of "B" in subregulation (4) ", (b)";

(e) by omitting subregulation (7).

Living allowance: students not of independent status

15. Regulation 42 of the Principal Regulations is amended:

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

“and (b) the amount (if any) calculated on the basis of $1 for every $2 by which the amount of any income of the grantee in the relevant period exceeds the prescribed allowable income;";

(b) by omitting from the definition of "B" in subregulation (4) ", (b) and (c)" and substituting "and (b)";

(c) by omitting from paragraph (6) (b) "$16,950" and substituting "$18,150";

(d) by omitting subregulation (17).

Living allowance: assets test

16. Regulation 42b of the Principal Regulations is amended by omitting paragraph (4) (c) and substituting the following paragraph:

“(c) the value of any asset to which the person is entitled but that is not able to be received;".

17. After regulation 42b of the Principal Regulations the following regulation is inserted:

Living allowance: interim payments

“42C. Subject to regulations 43c, 44b, 44f, 44g, 45, 45a and 45b, if in a relevant period:

(a) a natural or adoptive parent of a student does not have a home or allow the student to live at the parental home; and

(b) the student does not live at the home of either parent; and

(c) the student is not taken to be of independent status;

the student is entitled to an amount of living allowance in respect of each day in the period of 14 days referred to in subparagraph 30 (1a) (c) (ia) during which he or she does not live at a parental home that is calculated in accordance with the formula:

prescribed proportion Q	. ".
the number of days in the relevant period

Interpretation: Part IV

18. Regulation 49 of the Principal Regulations is amended:

(a) by omitting from the definition of "applicant" in subregulation (1) "IV" and substituting "3";

(b) by omitting from the definition of "holder" in subregulation (1) "14" and substituting "8".

19. Regulation 50 of the Principal Regulations is repealed and the following regulation substituted:

No further applications for Post-graduate Awards

"50. No application may be made for the grant of an Award in respect of 1991 or a subsequent year.".

Repeal

20. Regulations 50a, 52 and 55 of the Principal Regulations are repealed.

Repeal

21. Regulation 71a of the Principal Regulations is repealed.

Thesis allowance

22. Regulation 72 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) "15 (d)" and substituting "9 (d)";

(b) by omitting from paragraph (1) (a) "$250" and substituting "$262".

23. After regulation 75aa of the Principal Regulations the following regulation is inserted:

Application

"75aaa. This Part applies only in respect of proceedings before the Tribunal relating to:

(a) Post-graduate Awards; and

(b) the AUSTUDY scheme as it existed before 1 January 1991.".

Repeal

24. Regulation 85 of the Principal Regulations is repealed.

Schedule 3a

25. Schedule 3a to the Principal Regulations is amended:

(a) by inserting after item 11 the following item:

"11a Rehabilitation allowance Part XVI of the Social Security "Act",

(b) by omitting item 16 and substituting the following item:

"16 Wife's pension granted to a person whose husband is an invalid pensioner or receives a rehabilitation allowance Subsection 37 (1) of the Social Security Act".

Schedule 6

26. Schedule 6 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 6

Subregulations 47 (10) and (11)

RATES OF ALLOWANCE

Column 1	Column 2	Column 3	Column 4
Item	Engine capacity of a motor vehicle not powered by a rotary engine	Engine capacity of a motor vehicle powered by a rotary engine	Rate of allowance per kilometre
cents
1	More than 3000 cubic centimetres	More than 1500 cubic centimetres	52
2	More than 2000 cubic centimetres but not more than 3000 cubic centimetres	More than 1000 cubic centimetres but not more than 1500 cubic centimetres	48.7
3	More than 1600 cubic centimetres but not more than 2000 cubic centimetres	More than 800 cubic centimetres but not more than 1000 cubic centimetres	46.4
4	1600 cubic centimetres or less	800 cubic centimetres or less	38.2

Non-reduction

27. If, in respect of a period up to the end of 1990, the benefit that would, but for the amendments of the Principal Regulations made by regulations 8, 10, 12 and 25 of these Regulations, have been payable in respect of a person exceeds the benefit payable in respect of that person in respect of that period under the Principal Regulations as amended by these Regulations, the amount of that excess is payable to that person.

Application

28. (1) In the period that began on 4 December 1988 and ended at the end of 3 December 1989 Schedule 6 to the Principal Regulations as then in force is taken to have been amended:

(a) by omitting "40.1" and substituting "42";

(b) by omitting "38.8" and substituting "40.6";

(c) by omitting "33.8" and substituting "35.4";

(d) by omitting "28.9" and substituting "30.3".

(2) In the period that began on 1 January 1989 and ended at the end of 1989 the University of Western Sydney is taken to have been specified in regulation 4a of the Principal Regulations as in force immediately before 1 January 1990 as an educational institution that is to be treated as a university.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1990.

2. Statutory Rules 1974 No. 179 as amended by 1974 Nos. 235 and 258; 1975 Nos. 136, 203 and 219; 1976 Nos. 92, 121, 286, 287, 292 and 293; 1977 Nos. 147, 209, 210, 211, 219, 242 and 243; 1978 Nos. 108, 148, 189, 199, 200. 260, 261, 262, 263, 264 and 265; 1979 Nos. 139, 216, 267. 268 and 304; 1980 Nos. 14, 15, 29, 50, 194, 271, 343, 365, 366, 387 and 388; 1981 Nos. 23, 61. 62, 117, 341 and 386; 1982 No. 326; 1983 Nos. 171 and 341; 1984 Nos. 17, 171 and 473; 1985 Nos. 35, 354, 372 and 373; 1986 Nos. 381 and 382; 1987 Nos. 288, 289, 304 and 305; 1988 Nos. 316, 345, 346 and 347 and Act No. 80, 1988; 1989 Nos. 119, 402, 403 and 404.

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