Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 351

 

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 28 March 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

SUSAN RYAN

Minister of State for Education

 

Interpretation—Part III

1. Regulation 29 of the Student Assistance Regulations is amended—

(a) by inserting in sub-regulation (1) after the definition of “academic year” the following definition:

“ ‘applicable lodgment date’, in relation to an application for Assistance for a period in a year in respect of an approved course, means—

(a) where the period commences before 1 July in that year and the course is not a short course—31 March in that year;

(b) where the period commences after 30 June in that year and the course is not a short course—31 July in that year; and

(c) where the course is a short course—the twenty-eighth day after the day on which instruction in the course is first offered in that year;”;

(b) by omitting from paragraph (c) of the definition of “commencing date” in sub-regulation (1) “an approved course that has a duration of 30 weeks or less” and substituting “a short course”; and

 

(S.R. 66/85) Cat. No. Recommended retail price 40c  13/5.3.1985

 

(c) by inserting in sub-regulation (1) after the definition of “relevant year” the following definition:

“ ‘short course’ means an approved course that ends not more than 30 weeks after it begins;”.

Termination—completion or cessation of course

2. Regulation 37 of the Student Assistance Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) Notwithstanding sub-regulation (1), Assistance to a grantee in respect of a short course terminates on the expiration of the day on which the grantee completes the course or ceases to undertake it as a full-time student.”.

3. Regulation 39 of the Student Assistance Regulations is repealed and the following regulation substituted:

Expiry of Assistance

“39. Notwithstanding these Regulations, Assistance granted in respect of a year or part of a year expires at the end of that year unless sooner terminated under regulation 36, 37 or 38.”.

4. Regulations 45, 45a, 45b and 45ba of the Student Assistance Regulations are repealed and the following regulations substituted:

Time limit for applications

“45. Subject to regulations 45a and 45b, where an application by a student for Assistance for a year or part of a year in respect of an approved course is not received by an authorized person on or before the applicable lodgment date, living allowance is not payable in respect of any period in that year before the day on which the application was received by an authorized person.

Time limit for applications—change in circumstances

“45a. (1) Subject to regulation 45b, this regulation applies in respect of an application by a student for Assistance for a year or part of a year in respect of an approved course—

(a) if living allowance was not payable under these Regulations, other than regulation 45, for that year or that part of that year in respect of the student in respect of that course; and

(b) if because of a change in circumstances affecting the student living allowance would, but for regulation 45, have become so payable for a period in that year or that part of that year.

“(2) Where this regulation applies in respect of an application by a student for Assistance for a year or part of a year in respect of an approved course, regulation 45 does not apply in respect of that application.

“(3) Where because of a change in circumstances this regulation applies in respect of an application by a student for Assistance for a year or part of a year in respect of an approved course and an authorized person receives after the applicable lodgment date and more than 4 weeks after that change—

 

(a) where that application is received by an authorized person before that change—written notification of that change; or

(b) in any other case—that application,

living allowance is not payable in respect of any period in that year or that part of that year before the day on which the authorized person received that notification or application, as the case requires.

Time limit for applications—extenuating circumstances

“45b. (1) Where a student takes reasonable steps to ensure that an application for Assistance or a notification in relation to such an application is received by an authorized person within a time limit set by regulation 45 or 45a, that application or notification, as the case requires, shall be deemed to have been so received.

“(2) Where—

(a) a student is unable because of circumstances beyond his or her control to take reasonable steps to ensure that an application for Assistance or a notification in relation to such an application is received by an authorized person within a time limit set by regulation 45 or 45a; and

(b) as soon as practicable after those circumstances cease to apply, the student takes reasonable steps to ensure that the application or notification, as the case requires, is received by an authorized person,

that application or notification shall be deemed to have been received by an authorized person within that time limit.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 April 1985.

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.

Printed by Authority by the Commonwealth Government Printer