Student Assistance Regulations (Amendment) (Cth)
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
Dated 18 December 1983.
N. M. STEPHEN
Governor-General
By His Excellency's Command,
Susan Ryan
Minister of State for Education
1. (1 ) Regulation 45 shall be deemed to have come into operation on 4 December 1985.(
2 ) Regulations 41 and 43 shall be deemed to have come into operation on 12 December 1985.(
3 ) Regulation 42 shall be deemed to have come into operation on 30 April 1986.(
4 )Regulations 3, 6 and 9 shall be deemed to have come into operation on 1 July 1986.(
5 )The remaining regulations shall come into operation on 1 January 1987.
(S.R. 398/86)—Cat. No. 14/11.12.1986
3 . Regulation 5 of the Student Assistance Regulations is amended—(a) by omitting from paragraph (1) (b) "and"; and
(b) by adding at the end of sub-regulation (1) the following paragraph:
"; (d) persons in relation to whom the condition referred to in paragraph 6a (1) (c) of the
Migration Act 1958 is fulfilled".
(a) by inserting in sub-regulation (1) after the definition of "academic year" the following definitions:
" 'adult secondary student' means a student—
(a) who is undertaking, or proposes to undertake, an approved secondary course in a year;
(b) who on 1 January in that year is 19 years of age or older; and
(c) who is not a general secondary student;
'allowable starting period', in relation to a term or semester of an approved course that is not a short course or a late starting course, means the period that—
(a) begins on the first day on which instruction in that course is provided during that term or semester; and
(b) ends at the expiration of the Friday of the week that begins on the first Sunday after the day referred to in paragraph (a);";
(b) by inserting in the definition of "applicable lodgment date" in sub-regulation (1) "or a late starting course" after "short course" (wherever occurring);
(c) by omitting from paragraph (b) of the definition of "applicable lodgment date" in sub-regulation (1) "and" (last occurring) and substituting "or";
(d) by omitting from sub-regulation (1) the definition of "approved course" and substituting the following definitions:
" 'approved course' means an approved secondary course or an approved tertiary course;
'approved secondary course' means—
(a) a course of study or instruction that the Minister has determined in writing is a secondary course for the purposes of section 10 of the Act; or
(b) a part of a course of study or instruction that the Minister has determined in writing is a part of a secondary course for the purposes of that section;
'approved tertiary course' means—
(a) a course of study or instruction that the Minister has determined in writing is a tertiary course for the purposes of section 10 of the Act;
(b) a part of a course of study or instruction that the Minister has determined in writing is a part of a tertiary course for the purposes of that section;
(c) a course of study or instruction that was approved by the Minister for the purposes of section 10 of the Act as in force before the commencement of the
Student Assistance Amendment Act 1986 ; or(d) a part of a course of study or instruction, being a part approved by the Minister for the purposes of that last-mentioned section;";
(e) by omitting "Tertiary" from the definition of "Assistance" in sub-regulation (1);
(f) by omitting from sub-regulation (1) the definition of "commencing date" and substituting the following definitions:
" 'commencing date', in relation to a student who is undertaking, or proposes to undertake, an approved course in a year, means—
(a) where that approved course is not a short course or a late starting course—
(i) where the day on which the student commences to undertake the course as a full-time student in that year is on or before 30 June in that year but not in the second semester of that approved course, being a second semester that begins before 1 July in that year—1 January in that year; or
(ii) where the day on which the student commences to undertake the course as a full-time student in that year is on or after 1 July in that year or in the second semester of the course, being
a second semester that begins before 1 July in that year—1 July in that year; or
(b) where that approved course is a short course or a late starting course—
(i) where that year is the first year of the course— the day on which that course commences in that year; or
(ii) where that year is the second or a subsequent year of the course—1 January in that year;
'continuing pensioner student' means a student—
(a) who is a secondary student or a tertiary student;
(b) who received a pension specified in Schedule 3a in respect of 31 December 1986;
(c) who receives such a pension in respect of 1 January 1987;
(d) in respect of whom there was payable—
(i) in respect of 31 December 1986—Assistance under this Part or assistance under the Commonwealth Adult Secondary Education Assistance Scheme; or
(ii) in respect of the last day of the last term or semester of his or her course of study in 1986— assistance under the Commonwealth Secondary Allowances Scheme;
(e) who undertakes a specified course in the first term or semester in 1987 as a full-time student; and
(f) who under regulation 29a has not ceased to be a continuing pensioner student;
'general secondary student', in relation to a secondary student who is undertaking, or proposes to undertake, an approved secondary course in a year, means a student—
(a) who is less than 19 years of age on 1 January in that year; or
(b) who—
(i) is less than 21 years of age on 1 January in that year;
(ii) is undertaking, or proposes to undertake, in that year study to which paragraph 34e (7) (a) would apply if the student were an adult secondary student; and
(iii) but for circumstances beyond the control of the student could have undertaken that study in a year in which the student was on 1 January less than 19 years of age;";
(g) by inserting in sub-regulation (1) before the definition of "Master's qualifying course" the following definition:
" 'late starting course' means an approved course—
(a) that is not a short course; and
(b) that begins—
(i) after 31 March, but before 1 July, in a year; or
(ii) after 31 July in a year;";
(h) by inserting in the definition of "Master's qualifying course" in sub-regulation (1) "tertiary" after "approved";
(i) by inserting in sub-regulation (1) after the definition of "Master's qualifying course" the following definition:
" 'new pensioner student' means a secondary student, or a tertiary student, who is a pensioner and who is not a continuing pensioner student;";
(j) by inserting in sub-regulation (1) after the definition of "orphan" the following definitions:
" 'part-time student' means a student who when undertaking an approved course, or part of an approved course, is not a full-time student;
'pensioner' means a person in receipt of a pension specified in Schedule 3a;";
(k) by omitting from sub-regulation (1) the definitions of "relevant period" and "relevant year" and substituting the following definitions:
" 'relevant period', in relation to a student who is undertaking, or proposes to undertake, an approved course in a year, means a period—
(a) that begins on a commencing date; and
(b) that ends—
(i) at the beginning of the next commencing date (if any); or
(ii) at the end of the day on which Assistance to the student terminates,
whichever is the earlier, but does not include any day during which the student is in receipt of a pension specified in Schedule 3a;
'relevant year', in relation to a student who has applied for Assistance in respect of a year, or part of a year, means that year;
'secondary student' means a student who is undertaking, or proposes to undertake, an approved secondary course;
'semester', in relation to an academic year of an approved course, conducted by a university, an advanced education institution or a technical and further education institution,
being an academic year that is divided into 2 periods the duration of each of which is half of a year or approximately half of a year, means each of those 2 periods, and is not used in relation to the academic year of an approved secondary course conducted by a secondary school;";
(l) by inserting in sub-regulation (1) after the definition of "short course" the following definitions:
" 'specified course', in relation to a continuing pensioner student, means—
(a) the course of study that the student undertook in 1986 and in respect of which there was payable in respect of the student—
(i) in respect of 31 December 1986—Assistance under this Part or assistance under the Commonwealth Adult Secondary Education Assistance Scheme; or
(ii) in respect of the last day of the last term or semester of that course in 1986—assistance under the Commonwealth Secondary Allowances Scheme; or
(b) an approved course of the same level (within the meaning of regulation 34), of the same (or lesser) duration and in the same field of study as the course referred to in paragraph (a);
'term', in relation to an academic year of an approved course, being an academic year that is divided into 3 or 4 periods that are separated by a normal vacation applicable to the course, means each of those 3 or 4 periods;
'tertiary student' means a student who is undertaking, or proposes to undertake, an approved tertiary course;";
(m) by inserting after sub-regulation (1) the following sub-regulations:
"(2) For the purposes of the Act, the following classes of students:
(a) prescribed secondary students within the meaning of regulation 44f;
(b) prescribed students within the meaning of sub-regulation 44a (1).
are to be treated as classes of students engaged in full-time study except in respect of any period in respect of which sub-regulation 44f (2) or regulation 44g applies in respect of a prescribed secondary student referred to in paragraph (a) or in respect of which sub-regulation 44b (1) or (3) applies in respect of a prescribed student referred to in paragraph (b).
"(3) For the purposes of the Act, each of the following schools in Australia is to be treated as a secondary school:
(a) a school that provides secondary education in a State or Territory (including a correspondence school, a secondary college or a senior college) and is conducted by or on behalf of the government of the State or Territory;
(b) a non-government school (including a correspondence school)—
(i) that provides secondary education in a State or Territory;
(ii) that is not conducted for the profit of a person; and
(iii) that—
(a) is recognised as a secondary school under a law of a State or Territory by the Minister responsible for education in that State or Territory by virtue of the approval, certification or registration (including provisional approval, certification or registration) of that school as a secondary school;
(b) is recognised by that Minister or the Minister for Education as a secondary school in respect of which government capital or recurrent grants are payable; or
(c) is recognised by the Minister responsible for education in that State or Territory as a secondary school in respect of whose students government bursaries or allowances are payable.
"(4) For the purposes of the Act, an educational institution in Australia that is a university for the purposes of the
Commonwealth Tertiary Education Commission Act 1977 is to be treated as a university."(4a) For the purposes of this Part, a reference, in relation to the work of an approved course provided by an education institution, to the normal full-time amount of work of the course for a year is a reference to—
(a) where the institution publishes a general requirement, or recommendation, that students enrolled full-time in the course should undertake a specified normal amount of work of the course in that year, being an amount that is consistent with completion of the course within the minimum duration of the course without increasing the amount of work required to be undertaken in any other year above the normal work load for that other year—that specified normal amount of work; or
(b) in any other case—such amount of work of the course as bears, in relation to the minimum amount of work required by the institution to be undertaken in order to complete the
whole of the course within the minimum duration of the course, the same proportion as one year bears to the minimum duration of the course.
"(4b) For the purposes of this Part, a reference to the normal full-time amount of work of an approved course for a period in a year shall, where the course does not consist only of subjects that are of one semester in duration, be read as a reference to such amount of the work of the course as bears, in relation to the normal full-time amount of work of the course for the year, the same proportion as the duration of the period bears to the duration of the academic year for the course in that year.
"(4c) For the purposes of this Part, a reference to the normal full-time amount of work of an approved course for a period in a semester in a year shall, where the course consists only of subjects that are of one semester in duration, be read as a reference to such amount of work of the course as bears, in relation to the normal full-time amount of work of the course for that semester, the same proportion as the duration of the period bears to the duration of that part of that semester that is within the academic year for the course in that year.
"(4d) For the purposes of this Part, notwithstanding sub-regulations (4a), (4b) and (4c), a reference to the normal full-time amount of work of an approved tertiary course for a year or semester shall, where the course is conducted by Macquarie University, be read as a reference to such amount of the work of the course as would, if successfully undertaken by a student, entitle the student to—
(a) where that work is for a year—224 of the credit points; or
(b) where the work is for a semester—114of the credit points, that are required for the completion of the course.
"(4e) For the purposes of this Part, notwithstanding sub-regulation (4a), a reference, in relation to the work of an approved secondary course, to the normal full-time amount of work of the course for a year is a reference to—
(a) where the course is primarily designed to prepare students for the award of the Higher School Certificate in Victoria— 5 annual subjects at either year 11 level or year 12 level as defined in regulation 34e;
(b) where the course is primarily designed to prepare students for the award of the Higher School Certificate in the Australian Capital Territory or New South Wales—10 annual units at either year 11 level or year 12 level as so defined;
(c) where the course is primarily designed to prepare students for the award of the Senior Certificate in Queensland—5
annual subjects at either year 11 or year 12 level as so defined;
(d) where the course is primarily designed to prepare students for the South Australian Matriculation Examination, whether undertaken in South Australia or the Northern Territory—5 annual subjects at either year 11 or year 12 level as so defined;
(e) where the course is primarily designed to prepare students for the Tertiary Entrance Examination in Western Australia—6 annual subjects at either year 11 or year 12 level as so defined; or
(f) where the course is primarily designed to prepare students for the award of the Higher School Certificate in Tasmania— 4 annual subjects at either year 11 or year 12 level as so defined.
"(4f) For the purposes of this Part, unless the contrary intention appears, a reference to a student who has undertaken a course of study or instruction during a period before the relevant day is a reference to a student who has undertaken that course during that period whether on a full-time or part-time basis.";
(n) by omitting sub-regulation (7) and substituting the following sub-regulation:
"(7) For the purposes of this Part, in respect of a grantee in respect of a relevant period—
(a) prescribed proportion P is an amount calculated in accordance with the formula—
; and
(b) prescribed proportion Q is an amount calculated in accordance with the formula—
."; and
(o) by omitting sub-regulation (9) and substituting the following sub-regulation:
"(9) In the formulae set out in sub-regulations (5), (6), (7) and (8)—
(a)
A is—(i) $3,821 where the grantee is under 18 years of age; or
(ii) $4,171 where the grantee is 18 years of age or older; and
(b)
B is—(i) $2,086 where the grantee is a general secondary student who is under 18 years of age;
(ii) $2,346 where the grantee is a general secondary student who is 18 years of age or older;
(iii) $2,607 where the grantee is a tertiary student who is under 18 years of age; or
(iv) $2,868 where the grantee is—
(a) an adult secondary student; or
(b) a tertiary student who is 18 years of age or older;
(c)
C is the number of days in the relevant period; and(d)
D is the number of days in the relevant year.".
"29a. (1) A person—
(a) who is a continuing pensioner student; and
(b) who ceases, on a day, to be entitled to receive a pension specified in Schedule 3a and, on that day, is not entitled to receive any other such pension,
ceases to be a continuing pensioner student at the expiration of that day.
"(2) A person—
(a) who is a continuing pensioner student; and
(b) who completes his or her specified course on a day in November or December in a year,
ceases to be a continuing pensioner student at the expiration of 31 December in that year.
"(3) A person—
(a) who is a continuing pensioner student; and
(b) who completes his or her specified course on a day other than a day in November or December in a year,
ceases to be a continuing pensioner student at the expiration of the day on which he or she completes that course.
"(4) A person—
(a) who is a continuing pensioner student in a year; and
(b) who does not undertake any study in a specified course in the first term or semester in the next succeeding year,
ceases to be a continuing pensioner student at the expiration of 31 December in the first-mentioned year.
"(5) A person—
(a) who is a continuing pensioner student in a year; and
(b) who ceases to undertake his or her specified course before the last day of that course in that year—
(i) without completing that course; and
(ii) without subsequently resuming study in a specified course during that year,
ceases to be a continuing pensioner student at the expiration of the day on which he or she ceased to undertake that course in that year.
"(6) Subject to this regulation, a person—
(a) who is a continuing pensioner student; and
(b) who notifies an authorized person in writing that he or she wishes to cease to be regarded as a continuing pensioner student on a particular day,
ceases to be a continuing pensioner student at the expiration of that day.
"(7) Notwithstanding sub-regulations (2), (3), (4) and (5), where, in a period in a year, a student undertakes an approved course other than a specified course and does not in that period also undertake a specified course, that student ceases to be a continuing pensioner student—
(a) if he or she undertook a specified course in that year before that period—at the expiration of the last day on which he or she undertook that course; and
(b) if he or she did not undertake a specified course in that year before that period—at the expiration of 31 December in the year immediately preceding that year.".
(a) by omitting paragraph (1) (d) and substituting the following paragraph:
"(d) is a prescribed independent student;";
(b) by omitting from paragraph (1) (e) "of the State or Territory";
(c) by omitting paragraph (1) (g) and substituting the following paragraph:
"(g) has, at any time, been deemed to be of independent status for the purposes of this Part other than by reason that the person was a prescribed independent student;";
(d) by inserting in paragraph (1) (h) "before 1987" after "at any time"; and
(e) by inserting after sub-regulation (1) the following sub-regulations:
"(1a) For the purposes of paragraphs (1) (d) and (g), a person is a prescribed independent student—
(a) where the person has been adopted—if the person's adoptive parent or each of the person's adoptive parents is within a prescribed class of persons notwithstanding that the person
was last dependent on a person other than that adoptive parent or those adoptive parents;
(b) where the person has not been adopted—if each of the person's natural parents is within a prescribed class of persons notwithstanding that that person was last dependent on a person other than those natural parents;
(c) if the person—
(i) does not live, and, for a continuous period of not less than 6 weeks has not lived, at a home of the natural or adoptive parents of the person, or either of those parents, because—
(a) those parents do not have, or, where those parents are not living at the same home, neither of those parents has, a home at which those parents are, or that parent is, as the case may be, prepared to allow the person to live; or
(b) domestic violence, incestuous harassment or other such exceptional circumstances render it unreasonable to expect the person to live at a home of those parents, or either of those parents, as the case may be;
(ii) is not receiving, and is unlikely in the near future to receive, continuous support, whether direct or indirect and whether pecuniary or otherwise, from either of the person's natural or adoptive parents;
(iii) is not receiving continuous support, whether direct or indirect and whether pecuniary or otherwise, from any other person acting as the person's guardian on a long-term basis;
(iv) is not receiving, on a continuing basis, any payment in the nature of income support from the Commonwealth, a State or a Territory, other than Assistance; and
(v) is above the minimum school leaving age applicable in the State or Territory in which the person resides; or
(d) if the person—
(i) has no natural or adoptive parent in Australia; and
(ii) has refugee status granted by the Australian Government or has been admitted into Australia as a refugee by that Government.
"(1b) for the purposes of paragraph (1) (e), a person is a ward if the person—
(a) is a ward for the purposes of the
Children's Services Ordinance 1986 of the Australian Capital Territory;(b) has under a law of a State or another Territory a status corresponding to that of a ward referred to in paragraph (a); or
(c) is a person of whom the Minister who administers section 6 of the
Immigration (Guardianship of Children) Act 1946 is the guardian by virtue of that section."(1c) For the purposes of paragraphs (1a) (a) and (b), a person is within a prescribed class of persons if the person is—
(a) dead;
(b) missing;
(c) likely to be mentally incapacitated for an indefinite period; or
(d) serving a sentence of imprisonment of at least 10 years.".
(a) by omitting from sub-paragraph (2) (f) (v) "and"; and
(b) by inserting after sub-paragraph (2) (f) (vi) the following word and paragraph:
"; and (vii) not a person referred to in sub-section 133 (1) of the Social Security Act".
"32b. Notwithstanding any other regulation, where a student is eligible to be granted Assistance in respect of a period by virtue of more than one provision of these Regulations, the amount of Assistance payable in respect of that student in respect of that period is the highest amount that would be so payable if the student were eligible to be granted Assistance by virtue of only one such provision.
"32c. (1) Notwithstanding any other regulation, a student who is less than 16 years of age is not eligible to be granted Assistance.
"(2) Sub-regulation (1) does not apply in respect of—
(a) a student in respect of whom paragraph 30 (1a) (c) applies; or
(b) a student in respect of whom—
(i) educational assistance under the Commonwealth Secondary Allowances Scheme was payable in respect of a course of secondary education undertaken in 1986; or
(ii) Assistance under Part III was payable in respect of a course of tertiary education undertaken in 1986.
"33. A person is not eligible to be granted Assistance in respect of a period in respect of which any other benefit or assistance, granted for the purposes of education or vocational training by the Commonwealth or any authority or body constituted by or under the law of the Commonwealth or a Territory, is payable in respect of the person, excluding benefit or assistance granted for those purposes by an education institution.
"33a. A person is not eligible to be granted Assistance in respect of a period of a training agreement to which that person is a party.
"33b. A person is not eligible to be granted Assistance in respect of a period during which the person is undertaking an approved course by correspondence and is not in Australia or an external Territory.".
(a) by omitting from sub-regulation (1) "a tertiary education institution" and substituting "an education institution";
(b) by inserting in paragraphs (1) (g) and (h) "higher or" before "lower";
(c) by omitting from paragraph (1) (h) "one year's work for a full-time student of the course" and substituting "the normal full-time amount of work of the course for that year";
(d) by omitting paragraphs (1) (ha), (hb) and (hc) and substituting the following paragraphs:
"(ha) where the applicant's most recent 2 years of relevant study were 2 years of part-time study in a course or courses progress in which was permitted on the basis of passes in subjects—if the subjects that the applicant undertook in those 2 years and successfully completed before the relevant day constituted less than one-half of 2 years' work for a part-time student of that course or those courses;
(hb) where the applicant's most recent 2 years of relevant study in an approved course or approved courses progress in which was permitted on the basis of passes in subjects were a year of full-time study followed by a year of part-time
study—if the amount of work of the subjects that constitute that relevant study, being subjects that the applicant undertook in those 2 years and successfully completed before the relevant day, is less than one half of the sum of—
(i) one year's normal full-time amount of work for that year of full-time study; and
(ii) one year's work for a part-time student for that year of part-time study;";
(e) by omitting from paragraph (1) (j) "a year's work for a full-time student or a part-time student, as the case may be, in that course" and substituting "the normal full-time amount of work of the course for a year, or one year's work for a part-time student of the course, as the case may be,";
(f) by inserting in paragraph (1) (k) "in that first-mentioned year" after "proposes to undertake," (wherever occurring);
(g) by omitting from paragraph (1) (k) "a year's work for a full-time student in" and substituting "one year's normal full-time amount of work of”;
(h) by omitting from sub-paragraph (1) (l) (iii) "by more than one-half of a year's work for a full-time student in the approved course" and substituting ", by more than one-half of the normal full-time amount of work of the approved course for a year,";
(i) by omitting paragraph (1) (m) and substituting the following paragraph:
"(m) if the equation—
is satisfied where—
A is the sum of the years of full-time study and fractions of years of full-time study undertaken by the applicant before the relevant day (whether successfully or not) in the first-mentioned approved course and any other course of study or instruction that was, at the time the applicant last undertook the course before the relevant day, an approved course that the applicant has not completed and that is of the same level as the first-mentioned approved course;
B is the sum of any years and fractions of years of full-time study of the kind referred to in the definition ofA in respect of which the applicant was ineligible for Assistance by virtue of paragraph (1) (g), (h), (j) or (m) of these Regulations as in force from time to time in a year before 1985 or in respect of which the applicant would have been ineligible for Assistance by
virtue of one of those paragraphs if the applicant had applied for Assistance in respect of that last-mentioned year in respect of that study and if these Regulations had applied in respect of the applicant in respect of that year, excluding from that sum any year in respect of which the applicant would have been eligible for Assistance by virtue of sub-regulation (5);
C is the sum of any years and fractions of years of full-time study of the kind referred to in the definition ofA undertaken by the applicant in a year after 1984 in respect of which the applicant was ineligible for Assistance by virtue of paragraph (1) (g), (h), (ha), (hb), (hc), (j) or (m) or in respect of which the applicant would have been ineligible for Assistance by virtue of one of those paragraphs if the applicant had applied for Assistance in respect of that last-mentioned year in respect of that study and if these Regulations had applied in respect of the applicant in respect of that year, excluding from that sum any year in respect of which the applicant would have been eligible for Assistance by virtue of sub-regulation (5); and
D is—(i) where in the relevant year the applicant is undertaking, or proposes to undertake, a year of study in an honours level bachelor degree course, being a year that is additional to the requirements for completion of that degree at pass level, the sum of—
(a) the minimum duration of the course at pass level for a student who in each year of study completes the normal full-time amount of work, for that year, of the course at pass level; and
(b) one year of study; or
(ii) in any other case—the minimum duration of the approved course first-mentioned in this sub-regulation for a student who in each year of that course successfully completes the normal full-time amount of work, for that year, of the course at pass level excluding any additional periods of study that would have been required to be undertaken in order to complete the course at honours level;";
(j) by inserting after sub-regulation (1) the following sub-regulations:
"(1a) In this regulation—
'approved course' means an approved tertiary course;
'year of full-time study', in relation to a student, means a year in which the student undertook an approved course, or part of an approved course, being a year—
(a) during which, or part of which, the student was a full-time student of the course; and
(b) which the student did not undertake as a year of part-time study;
'year of part-time study', in relation to a student, means a year in which the student undertook an approved course, or part of an approved course, at an education institution, being—
(a) a year in which—
(i) the student was enrolled during the whole of, or any period in, the academic year of the course to undertake study in the course;
(ii) the student undertook study in the course during the whole of, or any period in, that academic year; and
(iii) during a period of one semester or longer (where the academic year is divided into semesters) or one term or longer (where the academic year is divided into terms)—
(a) the student was enrolled to undertake study in the course and was not a full-time student of the course; or
(b) the student was not enrolled to undertake study in the course; or
(b) a year in which—
(i) the student was enrolled during the whole of, or any period in, the academic year of the course to undertake study in the course as a full-time student but ceased to be enrolled to undertake a subject or subjects of the course;
(ii) the student undertook study in the course during the whole of, or any period in, that academic year;
(iii) the student ceased to be a full-time student because of ceasing to undertake that subject or those subjects; and
(iv) the work undertaken in that subject or those subjects in that year was regarded by that institution as work that the student had not successfully or unsuccessfully undertaken;
'year's work for a part-time student', in relation to the work of an approved course undertaken by a part-time student in a
year, means the amount of work of the course that the student has undertaken in that year.";
"(1b) In paragraphs (1) (ha) and (hb)—
'relevant study', in relation to a student who is undertaking, or proposes to undertake, in the relevant year an approved course, or part of an approved course, means study that the student undertook, in a year before the relevant year, in—
(a) that approved course;
(b) another approved course of the same level as that approved course; or
(c) any combination of courses referred to in paragraphs (a) and (b);
'year of relevant study', in relation to a student who has undertaken relevant study in a year, means that year;";
(k) by omitting sub-regulation (2) and substituting the following sub-regulations:
"(2) Subject to sub-regulations (2a) and (4), for the purposes of paragraphs (1) (g), (h), (ha), (hb) and (j), an applicant shall be deemed not to have undertaken in a year of study at an education institution a subject that the applicant discontinued in that year if that subject was not regarded by that institution as a subject that the applicant had successfully or unsuccessfully undertaken in that year.
"(2a) Where by the operation of sub-regulation (2) all the subjects that an applicant undertook in a year of study are deemed not to have been undertaken by the applicant, that year of study shall be disregarded—
(a) in determining for the purposes of paragraphs (1) (g), (h), (ha) and (hb) which year was, or years were, the applicant's most recent year, or 2 years, of study, or relevant study, in an approved course; and
(b) in determining for the purposes of paragraph (1) (j) the number of years of study that the applicant has undertaken in an approved course.";
(l) by omitting paragraph (3a) (h) and substituting the following paragraph:
"(h) a degree or diploma course of advanced education, or an associate diploma course, at a technical and further education institution;";
(m) by omitting sub-regulation (3e) and substituting the following sub-regulation:
"(3e) For the purposes of this regulation, an approved course that is a course of technical and further education (other than an associate diploma course) a normal requirement for entry to which
is completion of another such approved course is a course of a higher level than that other course.";
(n) by omitting sub-regulation (4) and substituting the following sub-regulation:
"(4) For the purposes of paragraphs (1) (g), (h), (ha) and (hb), in determining which year was, or years were, an applicant's most recent year, or 2 years, of study, or relevant study, in an approved course, and for the purposes of paragraph (1) (j) in determining the number of years of study an applicant has undertaken, where the applicant discontinued the first year of an approved tertiary course, other than a short course, at an education institution not later than—
(a) where that first year of that course commenced before 30 June in a year—
(i) 30 June in that year; or
(ii) the last day on which the applicant could have discontinued that first year of that course without being regarded by the institution as having failed to complete successfully that first year of that course,
whichever last occurs; or
(b) where that first year of that course commenced on or after 30 June in a year—31 December in that year,
that first year of that course shall be disregarded.";
(o) by inserting in sub-regulation (5) ",(ha), (hb)" after "(h)";
(p) by omitting sub-regulation (5aa);
(q) by inserting after sub-regulation (5a) the following sub-regulation:
"(5b) For the purposes of paragraph (1) (k) where the approved course first referred to in sub-regulation (1) is a course of practical legal training at a university or an advanced education institution, the reference in that paragraph to a course of study or instruction completed by the applicant does not include a reference to a postgraduate bachelor degree course in law.";
(r) by inserting in sub-regulation (5d) "has undertaken," after "applicant";
(s) by omitting from sub-regulation (5e) ", (hc)";
(t) by omitting sub-regulations (6), (9) and (10);
(u) by omitting from sub-regulation (11) "In this regulation, a reference, in relation to an application for Assistance in respect of a period in the relevant year," and substituting "The reference in paragraph 34 (1) (j)";
(v) by omitting from sub-regulation (11) "or (h)" and substituting ",(h), (ha), (hb), (hc) or (j)";
(w) by omitting from sub-regulation (11) "year" (last occurring); and
(x) by omitting sub-regulations (13) and (14) and substituting the following sub-regulations:
"(13) For the purposes of paragraph (1) (m), in calculating, in relation to an applicant who has applied for Assistance in respect of an approved course, the years of full-time study and fractions of years of full-time study undertaken by the applicant in an approved course referred to in the definition of
A in paragraph (1) (m)—(a) an applicant who has, before the relevant day, undertaken (whether successfully or not) during a year of full-time study—
(i) work of a subject that the applicant discontinued in that year, being a subject that was not regarded by the education institution at which that work was undertaken as a subject that the applicant had successfully or unsuccessfully undertaken in that year;
(ii) work discontinued in the first year of a course, being a first year that under sub-regulation (4) is disregarded for the purposes of paragraph (1) (g), (h), (ha) or (hb);
(iii) work of a course to which sub-regulation (3b) applies, being a course the minimum duration of which is not more than one year;
(iv) work undertaken by the applicant in a year in a course, being work not undertaken successfully by reason of an illness of the applicant not diagnosed before the beginning of that year;
(v) work undertaken by the applicant in a year in a course, being work not undertaken successfully by reason of circumstances beyond the control of the applicant that were not applicable at the beginning of that year; or
(vi) work successfully undertaken in a course that the applicant ceased to undertake, and did not recommence, because of—
(a) an illness related to the nature of the course not diagnosed when the applicant commenced that course; or
(b) other circumstances beyond the control of the applicant that were not applicable when the applicant commenced the course,
being work that is a fraction of the normal full-time amount of work, for a year, of the course referred to in the definition of
A , shall be regarded for the purposes of the definitions ofA ,B andC in paragraph (1) (m) as having undertaken in that year of full-time study not a year of full-time study but
a year of full-time study less that fraction of a year of full-time study;
(b) an applicant who has, before the relevant day, undertaken (whether successfully or not) during a year of part-time study in a course referred to in the definition of
A in paragraph (1) (m) an amount of work that is a fraction of the normal full-time amount of work of that course for that year shall (notwithstanding paragraph (b) of the definition of 'year of full-time study' in sub-regulation (1a)) be regarded for the purposes of the definitions ofA ,B andC in paragraph (1) (m) as having undertaken in that year of part-time study that fraction of a year of full-time study; and(c) where an applicant in respect of whom paragraph (b) applies has, before the relevant day, undertaken (whether successfully or not) during the year of part-time study referred to in paragraph (b)—
(i) work that is repeat study of a subject undertaken by the applicant in a course in a year by reason of failure to undertake that subject successfully in a previous year of study in that course, being failure that occurred other than for a reason referred to in sub-paragraph (a) (iv) or (v);
(ii) work undertaken by the applicant in a course in a year in lieu of repeating another subject that the applicant had failed to undertake successfully in a previous year of study in that course, being failure that occurred other than for a reason referred to in sub-paragraph (a) (iv) or (v);
(iii) work that is repeat study of a subject undertaken by the applicant in a course in a year by reason of failure to undertake that subject successfully in a period of part-time study in that course in that year, being failure that occurred other than for a reason referred to in sub-paragraph (a) (iv) or (v);
(iv) work undertaken by the applicant in a course in a year in lieu of repeating another subject that the applicant had failed to undertake successfully in a period of part-time study in that course in that year, being failure that occurred other than for a reason referred to in sub-paragraph (a) (iv) or (v); or
(v) work of a kind referred to in sub-paragraph (a) (i), (ii), (iii), (iv), (v) or (vi),
being work that is a fraction of the normal full-time amount of work, for a year, of the course referred to in the definition of
A , shall (notwithstanding paragraph (b) of the definition of 'year of full-time study' in sub-regulation (1a)) be regarded
for the purposes of the definitions of
A ,B andC in paragraph (1) (m) as having undertaken in that year of part-time study not the fraction of a year of full-time study calculated in accordance with paragraph (b) but that last-mentioned fraction of a year of full-time study less the fraction first-mentioned in this paragraph of a year of full-time study."(14) For the purposes of paragraph (1) (k), work undertaken by an applicant in a course to which sub-regulation (3b) applies shall be disregarded if the minimum duration of the course is not more than one year.".
(a) by omitting from sub-regulation (2) "Committee" and substituting "Council"; and
(b) by inserting in sub-regulation (2) "sufficient" before "evidence".
"34d. A secondary student who is undertaking, or proposes to undertake, an approved secondary course in a period in a year is not eligible to be granted Assistance in respect of any part of that year—
(a) if before the relevant day the student has successfully completed—
(i) in Australia an approved tertiary course that is a course referred to in sub-regulation 34 (3a); or
(ii) outside Australia a course of study or instruction that is of the same level as a course referred to in that sub-regulation; or
(b) if within the period of 5 years immediately before the relevant day the student has successfully undertaken in an approved tertiary course at a level referred to in that sub-regulation—
(i) where progress in that course is permitted on the basis of completion of years of that course—such study as would qualify the person for admission to the next year of that course; or
(ii) where progress in that course is permitted on the basis of passes in subjects or units of the course—such study of a subject or unit of the course as would qualify the person for admission to another subject or unit of the course.
"34e. (1) In this regulation—
'overall level', in relation to—
(a) study in an approved secondary course that an adult secondary student is undertaking, or proposes to undertake, in a year at an education institution; or
(b) study in an approved secondary course or another course of secondary education that an adult secondary student has undertaken in a year at an education institution,
means—
(c) where that institution regards that study as being at a single level—that level; or
(d) in any other case—
(i) where more than 50% of that study is at a single level—that single level;
(ii) where that study is at 2 levels and the amount of study at each level is 50% of the total amount of that study—the higher of those 2 levels;
(iii) where 50% of that study is at a single level and the remaining amount of study is at 2 other levels—that single level; or
(iv) in any other case—
(a) where that study consists of study at year 9 level, year 10 level and year 11 level—year 10 level; or
(b) where that study consists of study at year 10 level, year 11 level and year 12 level—year 11 level;
'repeat year of secondary study', in relation to study in an approved secondary course that an adult secondary student is undertaking, or proposes to undertake, in a year, means study that is at an overall level that is the same as—
(a) the overall level of the study that was undertaken by the student successfully or unsuccessfully at an education institution in any one of the 3 years immediately preceding that year; or
(b) the level of the study undertaken by the student successfully or unsuccessfully at an educational institution outside Australia in any one of those 3 years, being study in respect of which the Director of the International Relations Section in the Department or a person acting on behalf of the Council on Overseas Professional Qualifications certifies in writing that that study is at the same level as year 12 level study;
'year 9 level', in relation to study in a course of secondary education at an education institution, means study at a level referred to in paragraph (4) (a);
'year 10 level', in relation to study in a course of secondary education at an education institution, means study at a level referred to in paragraph (4) (b);
'year 11 level', in relation to study in a course of secondary education at an education institution, means study at a level referred to in paragraph (4) (c);
'year 12 level', in relation to study in a course of secondary education at an education institution, means study at a level referred to in paragraph (4) (d).
"(2) Where a student who has undertaken study in a course of secondary education in a year does not successfully complete that study in that year because of—
(a) an illness of the person not diagnosed when the person commenced that study in that year; or
(b) other circumstances beyond the control of the person that were not applicable when the person commenced that study in that year,
that study shall not be taken into account for the purposes of sub-regulation (7).
"(3) Where in a year a student is undertaking, or proposes to undertake, an approved secondary course, study undertaken by the student in a previous year in that course or any other course of secondary education shall not be taken into account for the purposes of sub-regulation (7)—
(a) if that study was in a course of a duration of not more than 6 months;
(b) if—
(i) that study was undertaken by the student as a full-time student in a course of a duration of more than 6 months; and
(ii) either—
(a) where that course commenced on or before 30 June in that previous year—that study was completed or discontinued before 1 July in that previous year; or
(b) where that course commenced after 30 June in that previous year—that study was completed or discontinued before 31 December in that previous year; or
(c) in any other case, if the amount of that study was not more than half of the normal full-time amount of work, for that previous year, of the course undertaken in that previous year.
"(4) Subject to sub-regulation (6), for the purposes of this regulation—
(a) study in a secondary course at a secondary school that is regarded by that school as at the level of study undertaken in that school at a level lower than year 10 and study in a secondary course at another education institution that is regarded by that institution as
at the level of study undertaken at a secondary school at a level lower than year 10, are both at the same level;
(b) study in a secondary course at a secondary school that is regarded by that school as at the level of study undertaken in year 10 in that school and study in a secondary course at another education institution that is regarded by that institution as at the level of study undertaken in year 10 at a secondary school, are both at the same level;
(c) study in a secondary course at a secondary school that is regarded by that school as at the level of study undertaken in year 11 in that school and study in a secondary course at another education institution that is regarded by that institution as at the level of study undertaken in year 11 at a secondary school, are both at the same level; and
(d) study in a secondary course at a secondary school that is regarded by that school as at the level of study undertaken in year 12 in that school and study in a secondary course at another education institution that is regarded by that institution as at the level of study undertaken in year 12 at a secondary school, are both at the same level.
"(5) For the purposes of this regulation—
(a) study at a level referred to in paragraph (4) (a) is at a lower level than study at a level referred to in paragraph (4) (b);
(b) study at a level referred to in paragraph (4) (b) is at a lower level than study at a level referred to in paragraph (4) (c); and
(c) study at a level referred to in paragraph (4) (c) is at a lower level than study at a level referred to in paragraph (4) (d).
"(6) For the purposes of this regulation, study in the final year of a course of secondary education at a university, an advanced education institution or a technical and further education institution is—
(a) study at year 10 level if successful completion of that course is regarded by a university, an advanced education institution or a technical and further education institution as sufficient educational qualification for admission to an approved tertiary course at that education institution a requirement for admission to which is successful completion of year 10 at a secondary school;
(b) study at year 11 level if successful completion of that course is regarded by a university, an advanced education institution or a technical and further education institution as sufficient educational qualification for admission to an approved tertiary course at that education institution a requirement for admission to which is successful completion of year 11 at a secondary school; or
(c) study at year 12 level if successful completion of that course is regarded by a university, an advanced education institution or a technical and further education institution as sufficient educational
qualification for admission to a course at that education institution at a level referred to in sub-regulation 34 (3a).
"(7) An adult secondary student is not eligible to be granted Assistance in respect of study in an approved secondary course that the student is undertaking, or proposes to undertake, in a year—
(a) if that study is a repeat year of secondary study; or
(b) if—
(i) that study is at the same overall level as the overall level of the study undertaken by the student in any previous year; and
(ii) either—
(a) assistance was payable under the Commonwealth Adult Secondary Education Assistance Scheme in respect of the student in respect of study undertaken by the student in that previous year; or
(b) Assistance under this Part was payable in respect of the student in respect of study undertaken by the student in that previous year as an adult secondary student.
"(8) Sub-regulation (7) does not apply in respect of a student in respect of study in an approved course that the student is undertaking, or proposes to undertake in a year if the overall level of that study is year 9 level.
"(9) For the purposes of a certificate referred to in the definition of 'repeat year of secondary study' in sub-regulation (1), the person signing the certificate shall have regard to the standard of work required in year 12 at a secondary school or the standard of work required for admission to a course referred to in sub-regulation 34 (3a).
"(10) A certificate referred to in the definition of 'repeat year of secondary study' in sub-regulation (1) is sufficient evidence of the matters set out in the certificate.
"(11) A certificate that purports to be signed by a person referred to in the definition of 'repeat year of secondary study' in sub-regulation (1) shall be taken to have been so signed unless the contrary is proved.".
(a) by inserting before sub-regulation (1) the following sub-regulation:
"(1a) A person is not eligible to be granted Assistance in respect of a period of lawful custody of that person."; and
(b) by omitting "tertiary" from sub-regulation (2).
"37. (1) Subject to sub-regulations (2) and (3), Assistance payable in respect of a student in respect of an approved course in respect of a year terminates—
(a) where the student undertakes study in the course as a full-time student in November or December on the last day of the course in that year—at the expiration of 31 December in that year; or
(b) where the last day on which the student undertakes study in the course as a full-time student in that year is any other day in that year—at the expiration of that other day.
"(2) Assistance to a student in respect of a short course or late starting course in respect of the year in which that course concludes terminates at the expiration of the last day on which the person undertakes study in the course in that year as a full-time student.
"(3) Where a student who is undertaking an approved course in a year does not recommence to undertake that course as a full-time student after a normal vacation applicable to that course in that year, the student shall be deemed to have ceased to undertake that course from the beginning of that vacation.".
(a) by omitting from sub-regulation (1) "43a, 43b, 44b" and substituting "43b, 43c, 44b, 44f, 44g";
(b) by inserting after sub-regulation (1) the following sub-regulation:
"(1a) This regulation does not apply to a pensioner.";
(c) by inserting after paragraph (3) (a) the following paragraph:
"(aa) if, but for this paragraph, living allowance would have been payable in respect of the grantee in respect of a period— the amount of any benefit payable in respect of the grantee in respect of that last-mentioned period under Part VII of the Social Security Act;";
(d) by omitting sub-paragraph (3) (b) (iii) and substituting the following sub-paragraph:
"(iii) the amount of any income of the grantee in respect of the relevant period from any source, other than income referred to in paragraph (a) or sub-paragraph (b) (i) or (ii) or benefit referred to in paragraph (aa); and";
(e) by omitting sub-regulation (3aa);
(f) by omitting from sub-regulation (3ab) "$14,995" and substituting "$15,745";
(g) by omitting from sub-regulation (6) "$16" and substituting "$17"; and
(h) by omitting from sub-regulation (6a) "the female grantee, or in respect only of the female grantee and her" and substituting "one of those grantees, or in respect only of one of those grantees and that grantee's".
(a) by omitting from sub-regulation (1) "43a, 43b, 44b" and substituting "43b, 43c, 44b, 44f, 44g";
(b) by inserting after sub-regulation (1) the following sub-regulation:
"(1a) This regulation does not apply to a pensioner.";
(c) by inserting after "grantee" in paragraph (2) (a) "who is an adult secondary student or a tertiary student";
(d) by omitting "tertiary" from sub-paragraphs (2) (a) (i) and (ii);
(e) by omitting from sub-regulation (3) ", other than a grantee who has a brother or sister who is undertaking an approved course as a full-time student and is in receipt of income (including educational assistance),";
(f) by omitting from paragraph (3) (b) "and";
(g) by inserting after paragraph (3) (b) the following paragraph:
"(bb) if, but for this paragraph, living allowance would have been payable in respect of the grantee in respect of a period—the amount of any benefit payable in respect of the grantee in respect of that last-mentioned period under Part VII of the Social Security Act; and";
(h) by omitting sub-paragraph (3) (c) (iii) and substituting the following sub-paragraph:
"(iii) the amount of any income of the grantee in respect of the relevant period from any source, other than income referred to in paragraph (b) or sub-paragraph (c) (i) or (ii) or benefit referred to in paragraph (bb),";
(i) by omitting paragraph (6) (a) and substituting the following paragraphs:
"(a) where the grantee is a secondary student who has on that day a brother or sister who is undertaking an approved secondary course as a full-time student and has applied, and is eligible, for Assistance in respect of that course
(whether or not living allowance is payable in respect of that brother or sister)—an amount calculated in accordance with the formula—
where—
M is the amount calculated in accordance with paragraph (b) in relation to the grantee; and
N is the number of children (including the grantee) of the parents of the grantee, or either of them, who on that day are undertaking approved secondary courses as full-time students and who have applied, and are eligible, for Assistance in respect of such a course;(aa) where the grantee is a tertiary student who has on that day a brother or sister who is undertaking an approved tertiary course as a full-time student and who—
(i) is 16 years of age or older; or
(ii) is a person in relation to whom paragraph 32c (2) (b) applies—
an amount calculated in accordance with the formula—
where—
M is the amount calculated in accordance with paragraph (b) in relation to the grantee; and
N is the number of children (including the grantee) of the parents of the grantee, or either of them, who on that day are undertaking approved tertiary courses as full-time students (whether or not they are grantees) and who—
(i) are 16 years of age or older; or
(ii) are persons in relation to whom paragraph 32c (2) (b) applies; or";
(j) by omitting from paragraph (6) (b) "$14,995" and substituting "$15,745";
(k) by omitting sub-regulations (12), (13), (15), (15a) and (15b);
(1) by omitting from sub-regulation (16) "or (12)"; and
(m) by omitting from sub-regulation (16) "$16" and substituting "$17".
"43. (1) A new pensioner student—
(a) who is in receipt of a pension specified in Part I of Schedule 3a;
(b) who is in receipt of more than one pension specified in Part II of Schedule 3a; or
(c) who is in receipt of one pension specified in Part II of Schedule 3a and a disability pension under Part II or IV of the
Veterans' Entitlements Act 1986 ,
is not entitled to Assistance under this Part.
"(2) Subject to this regulation and regulations 43b, 43c, 44b, 44f, 44g, 45, 45a and 45b, there is payable in respect of a new pensioner student who is in receipt of a pension specified in Part II of Schedule 3a living allowance of an amount of in respect of each day that would be a day in a relevant period if the student were not in receipt of that pension.
"43a. (1) Subject to this regulation and regulations 43b, 43c, 44b, 44f, 44g, 45, 45a and 45b, there is payable in respect of a continuing pensioner student, who is in receipt of a pension specified in Schedule 3a, in respect of each day that would be a day in a relevant period if the student were not in receipt of that pension—
(a) in the case of a student in respect of whom assistance under the Commonwealth Secondary Allowances Scheme was payable in respect of the last day of the last term or semester of his or her course of study in 1986—living allowance of an amount equal to the amount that was payable under that Scheme in respect of that student in respect of that day; and
(b) in the case of a student in respect of whom Assistance under this Part or assistance under the Commonwealth Adult Secondary Education Assistance Scheme was payable in respect of 31 December 1986—living allowance of an amount equal to the amount of living allowance that was payable under this Part or under that Scheme, as the case requires, in respect of that student in respect of 31 December 1986.
"(2) Where the amount of living allowance payable under sub-regulation (1) to a continuing pensioner student in respect of a day is less than the amount of living allowance which, if that student were a new pensioner student, would be payable to him or her under regulation 43 in respect of that day, there is payable in respect of that student in respect of that day an additional amount of living allowance equal to the difference between those amounts.
"43b. Where in a year living allowance is not payable in respect of a student in respect of an approved course on the day on which the student commences to undertake the course as a full-time student in the academic year in that year, living allowance is not payable in respect of the student in respect of the course in respect of the period in the year before that day.
"43c. (1) Subject to sub-regulation (7), where in a year the day on which a student commences to undertake as a full-time student study in an approved course, other than a short course or a late starting course, is after the allowable starting period applicable to a term or semester of the course in that year, living allowance is not payable in respect of the student in respect of the course in respect of the period in that year before that first day.
"(2) Subject to sub-regulation (8), where in a year the day on which a student commences to undertake as a full-time student study in a short course or a late starting course is after the first day of that course in that year, living allowance is not payable in respect of the student in respect of the course in respect of the period in the year before that first-mentioned day.
"(3) Where in a year the day on which a student commences to undertake as a full-time student study in an approved course other than a short course or a late starting course is during the allowable starting period applicable to a term of the course in that year other than the first term, living allowance is not payable in respect of the student in respect of the course in respect of the period in the year before the first day of that first-mentioned term.
"(4) Where in a year the day on which a student commences to undertake as a full-time student study in an approved course other than a short course or a late starting course is during the allowable starting period applicable to the second semester of the course in that year, living allowance is not payable in respect of the student in respect of the course in respect of the period before 1 July in that year.
"(5) Where in a year a student who is undertaking an approved course other than a short course or a late starting course does not recommence to undertake that course as a full-time student in the allowable starting period in the term or semester immediately following a period of normal vacation applicable to that course in that year, living allowance is not payable in respect of that student in respect of that course in respect of that period of normal vacation.
"(6) Where in a year a student who is undertaking a short course or a late starting course does not recommence to undertake that course as a full-time student on the day immediately following a period of normal vacation
applicable to that course in that year, living allowance is not payable in respect of that student in respect of that course in respect of that period of normal vacation.
"(7) For the purposes of sub-regulation (1), where in a year—
(a) a student commences to undertake as a full-time student an approved course that is not a short course or a late starting course in a term or semester after the allowable starting period applicable to that term or semester;
(b) the student would have commenced to undertake study in that course as a full-time student during that allowable starting period but for the illness of the student or other circumstances beyond the student's control; and
(c) the student commences to undertake study in that course as a full-time student as soon as possible in that year after that illness or those circumstances cease to prevent the student from undertaking study in that course as a full-time student,
the student shall be deemed to have commenced to undertake study in that course as a full-time student during that allowable starting period.
"(8) For the purposes of sub-regulation (2), where in a year—
(a) a student commences to undertake study in a short course or a late starting course as a full-time student after the first day of that course in that year;
(b) the student would have commenced to undertake study in that course on that day as a full-time student but for the illness of the student or other circumstances beyond the student's control; and
(c) the student commences to undertake study in that course as a full-time student as soon as possible in that year after that illness or those circumstances cease to prevent the student from undertaking study in that course as a full-time student,
the student shall be deemed to have commenced to undertake study in that course as a full-time student on the first day of that course in that year.
"(9) For the purposes of sub-regulation (5), where in a year—
(a) a student recommences to undertake as a full-time student an approved course that is not a short course or a late starting course in a term or semester after the allowable starting period applicable to that term or semester;
(b) the student would have recommenced to undertake study in that course as a full-time student during that allowable starting period but for the illness of the student or other circumstances beyond the student's control; and
(c) the student recommences to undertake study in that course as a full-time student as soon as possible in that year after that illness or those circumstances cease to prevent the student from undertaking study in that course as a full-time student,
the student shall be deemed to have recommenced to undertake study in that course as a full-time student during that allowable starting period.
"(10) For the purposes of sub-regulation (6), where in a year—
(a) a student recommences to undertake study in a short course or a late starting course as a full-time student after the day immediately following a period of normal vacation applicable to that course in that year;
(b) the student would have recommenced to undertake study in that course on that last-mentioned day as a full-time student but for the illness of the student or other circumstances beyond the student's control; and
(c) the student recommences to undertake study in that course as a full-time student as soon as possible in that year after that illness or those circumstances cease to prevent the student from undertaking study in that course as a full-time student,
the student shall be deemed to have recommenced to undertake study in that course as a full-time student on the day referred to in paragraph (a).".
(a) by omitting sub-regulation (1);
(b) by inserting in sub-regulations (2), (3), (4), (5) and (6) "tertiary" before "student";
(c) by inserting in sub-regulations (2), (3), (4), (5) and (6) "tertiary" after "approved"; and
(d) by omitting from sub-regulations (2), (3) and (6) "a tertiary" and substituting "an".
"44a. (1) In regulations 44b, 44c and 44d, 'prescribed student' means—
(a) a tertiary student;
(b) a secondary student who is undertaking, or proposes to undertake, an approved secondary course at an advanced education institution, a technical and further education institution or a university; or
(c) a prescribed correspondence student within the meaning of regulation 44f.
"(2) In regulations 44b, 44c, 44d and 44e, a reference to the amount of work of an approved course that a student is undertaking during a period is, where progress in the course is permitted on the basis of passes in subjects of the course, a reference to the subjects that the student is undertaking during that period.".
(a) by inserting "prescribed" before "student";
(b) by inserting "in an academic year" after "period" (first occurring); and
(c) by adding at the end the following sub-regulations:
"(2) Where a prescribed student undertakes in his or her approved course, on at least one day during the allowable starting period applicable in respect of a term or semester of that course, three-quarters or more of the normal full-time amount of work of that course for that day, sub-regulation (1) does not apply in respect of the student in respect of that allowable starting period.
"(3) Subject to regulations 44c and 44d, living allowance is not payable in respect of a prescribed student in respect of an approved course in respect of a period in an academic year if the amount of work of the course in which the student is enrolled in respect of that period is less than three-quarters of the normal full-time amount of work of the course for that period.".
(a) by omitting "a tertiary" and substituting "an"; and
(b) by inserting "prescribed" before "student" (wherever occurring).
(a) by omitting from sub-regulation (1) "a tertiary" and substituting "an"; and
(b) by inserting in sub-regulations (1) and (2) "prescribed" before "student" (wherever occurring).
(a) by inserting in sub-regulation (1) "tertiary" after "approved"; and
(b) by omitting from sub-regulations (1) and (3) "a tertiary" and substituting "an".
"44f. (1) In this regulation and in regulation 44g—
'correspondence course' means an approved secondary course provided by an education institution that is undertaken by a student by correspondence and not by attendance at that institution;
'day of unapproved absence', in relation to a prescribed secondary student who is required, or proposes, to attend a secondary school, during a term when undertaking an approved secondary course, means a day—
(a) that occurs during a term in the academic year applicable to that course;
(b) on which supervision of the work of the student is provided by that school;
(c) on which the student is absent from that school; and
(d) in respect of which the absence of the student from that school was not caused by the student's illness or other circumstances beyond the student's control;
'prescribed correspondence student' means a secondary student who is undertaking, or proposes to undertake, a correspondence course, or part of a correspondence course, and who does not attend, or propose to attend, a secondary school on a normal daily basis when undertaking that course or that part of that course;
'prescribed secondary student' means a secondary student who is undertaking, or proposes to undertake, an approved secondary course, or part of such a course, at a secondary school and who is not a prescribed correspondence student.
"(2) Living allowance is not payable in respect of a prescribed secondary student in respect of an approved secondary course that he or she is undertaking, or proposes to undertake, during a term in respect of—
(a) where—
(i) the student has had less than 15 days of unapproved absence in that term before the first day on which living allowance would, but for this regulation, be payable in respect of the student in respect of that term—each additional day of unapproved absence that occurs after the first 15 days of unapproved absence in that term; or
(ii) the student has had 15 days or more of unapproved absence in that term before the first day on which living allowance would, but for this regulation, be payable in respect of the student in respect of that term—each additional day of unapproved absence that occurs on or after that first day; and
(b) the Saturday and Sunday first occurring after each successive group of 5 of those additional days of unapproved absence referred to in sub-paragraph (a) (i) or (ii), as the case may be.
"44g. Living allowance is not payable in respect of a prescribed secondary student in respect of an approved secondary course that the student is undertaking, or proposes to undertake, at a secondary school during a period in an academic year if the student is not enrolled to undertake during that period an amount of work that the school regards as a full-time amount of work.".
(a) by inserting before sub-regulation (1) the following sub-regulation:
"(1a) In this regulation and in regulation 47a, 'student' means an adult secondary student or tertiary student.";
(b) by omitting from paragraph (1) (a) "a tertiary" and substituting "an";
(c) by inserting in sub-regulation (2) after paragraph (a) the following paragraph:
"(aa) a student in respect of whom living allowance is payable under sub-regulation 41 (3) who does not have a spouse;";
(d) by omitting from paragraphs (2) (b) and (c) "or (12)"; and
(e) by inserting after sub-regulation (2) the following sub-regulation:
"(2a) Sub-regulation (1) does not apply to a pensioner to whom sub-regulation (2) would apply but for sub-regulation 41 (1a) or 42 (1a).".
"48. For the purposes of paragraph 11 (b) of the Act, where—
(a) living allowance is payable in respect of a person in respect of an approved course that the person is undertaking, or proposes to undertake, in a year or a period in a year; and
(b) an amount of higher education administration charge within the meaning of the
States Grants (Tertiary Education Assistance) Act 1984 is applicable in respect of the enrolment of that person at an education institution to undertake that course in that year or period,
there is payable in respect of that person in respect of that year an allowance of an amount equal to any amount that that person is required by or under an Act to pay in respect of that person in respect of that charge in respect of that year.".
" 'Australia', when used in a geographical sense, includes an external Territory;".
(a) by omitting from sub-regulation (3) "for which he held the Award, or the Commonwealth Post-graduate Award," and substituting "after the holder commences the post-graduate course"; and
(b) by inserting after sub-regulation (4) the following sub-regulations:
"(4a) For the purposes of calculating for the purposes of this regulation the duration of the period during which a holder of an Award has undertaken the post-graduate course for which the Award was granted, where the holder has undertaken during a period before the grant of the Award any part of the course as a part-time student, the holder shall be regarded as having undertaken during that period not that period of study but the corresponding period of full-time study.
"(4b) For the purposes of sub-regulation (4a), in respect of a period during which a holder of an Award has undertaken at a tertiary education institution as a part-time student the post-graduate course for which the Award was granted, the corresponding period of full-time study is the amount of work of the course that the institution considers that the holder undertook during that period of part-time study, being an amount expressed as years, a year or part of a year of full-time study, as the case requires.
"(4c) In this regulation, a student of a post-graduate course at a tertiary education institution is a part-time student of the course during any period of study during which the student was considered by that institution not to be a full-time student of the course.".
"71a. For the purposes of paragraph 15 (d) of
the Act, where an amount of higher education administration charge within the
meaning of the
(a) by omitting from paragraphs (1) (a) and (aa) "a tertiary" and substituting "an";
(b) by inserting after paragraph (1) (ab) the following paragraph:
"(ac) where the grantee is or was a prescribed independent student for the purposes of paragraph 30 (1) (d) or (g)—the grantee ceases to be a prescribed student for the purposes of either or both of those paragraphs;";
(c) by omitting sub-paragraph (1) (p) (i) and substituting the following sub-paragraphs:
"(i) where the brother or sister is or was a secondary student— ceases to be eligible for Assistance in respect of an approved secondary course;
(ia) where the brother or sister is or was a tertiary student— ceases to undertake an approved tertiary course as a full-time student;";
(d) by omitting "29" from sub-paragraphs (1) (p) (iv) and (v) and substituting "30";
(e) by omitting paragraphs (1) (q), (r) and (s) and substituting the following paragraphs:
"(r) the grantee, by changing the terms of his or her enrolment in his or her approved course or otherwise, omits, adds or varies a subject or unit of that course;
(s) any benefit begins to be payable to or in respect of the grantee under Part VII of the Social Security Act,";
(f) by omitting sub-regulation (1a) and substituting the following sub-regulations:
"(1a) Where a student who has applied for, or 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, the student shall within 7 days after that commencement, give notice in writing of that fact to an authorised person.
Penalty: $100.
"(1b) Where a student who has applied for, or been granted, Assistance in respect of an approved course other than a short course or late starting course does not commence to undertake study in that course as a full-time student on at least one day in the allowable starting period applicable in respect of a term or semester of that course, the student shall, within 7 days after the end of that allowable starting period, give notice in writing of that fact to an authorised person.
Penalty: $100.";
(g) by omitting from paragraph (2) (b) "11 (b)" and substituting "11 (a)"; and
(h) by omitting from paragraph (2) (c) "or 41 (3aa) whichever is applicable in respect of the relevant period in relation to the grantee".
"Northern Territory—
Darwin Institute of Technology".
"Geelong Business Academy".
"Darwin Community College".
Regulations 29, 29a,
43 and 43a
PENSIONS
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PART II | ||
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(a) by omitting from column 4 in item 1 "29.9" and substituting "32.8";
(b) by omitting from column 4 in item 2 "28.2" and substituting "31";
(c) by omitting from column 4 in item 3 "23.2" and substituting "25.5"; and
(d) by omitting from column 4 in item 4 "20.8" and substituting "22.8".
1.
Notified in the
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.
Printed by Authority by the Commonwealth Government Printer
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