Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3731

 

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 19 December 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Gareth Evans

Minister of State for Resources and Energy for and on behalf of the Minister of State for Education

 

Commencement

1. (1) Regulations 5, 8 and 9 shall be deemed to have come into operation on 1 January 1985.

(2) The remaining regulations shall come into operation on 1 January 1986.

Application of regulation 11

2. The amendment effected by regulation 11 does not apply in respect of a claim by a student for fares allowance in respect of a journey made by the student upon the completion or discontinuation of the work of the student’s course for 1984.

Interpretation—general

3. Regulation 3 of the Student Assistance Regulations is amended—

(a) by inserting “or by a person in the exercise of a delegation under section 34a of the Act for the purposes of the provision in which the reference occurs” after “Minister” in the definition of “approved” in sub-regulation (1); and

(b) by omitting sub-regulation (4).

 

(S. R. 385/85)—Cat No.  14/11.12.1985

 

Persons to be treated as permanent residents

4. Regulation 5 of the Student Assistance Regulations is amended by omitting sub-regulation (2).

Independent status

5. Regulation 30 of the Student Assistance Regulations is amended—

(a) by inserting in paragraph (3) (a) “at a school” after “studies”; and

(b) by inserting in sub-regulation (4) “at schools in Australia or elsewhere” after “studies”.

Ineligibility—Commonwealth benefit for education or vocational training

6. Regulation 33 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (2) (a) “or”; and

(b) by inserting after paragraph (2) (b) the following word and paragraph:

“; or (c) the Australian Maritime College”.

Living allowance—students of independent status

7. Regulation 41 of the Student Assistance Regulations is amended by inserting in sub-regulation (5) “dependent on the grantee” after “spouse”.

Living allowance—students of independent status

8. Regulation 41 of the Student Assistance Regulations is amended by inserting in sub-regulation (7) “or benefit granted by a tertiary education institution from funds provided to that institution under the Commonwealth’s Special Assistance to Students Program” after “Assistance”.

Living allowance—students not of independent status

9. Regulation 42 of the Student Assistance Regulations is amended by inserting in sub-regulation (17) “or benefit granted by a tertiary education institution from funds provided to that institution under the Commonwealth’s Special Assistance to Students Program” after “Assistance”.

Fares allowance

10. Regulation 47 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (1) the words “in a year”;

(b) by inserting in paragraph (1) (a) “in respect of a year or part of a year” after “tertiary education institution”;

(c) by inserting in paragraph (1) (b) “in that year or that part of that year, as the case may be” after “the course”;

(d) by inserting in sub-paragraph (1) (c) (ii) “or discontinuation” after “completion”;

(e) by omitting from sub-paragraph (1) (c) (ii) “or before discontinuation of the course for the year”; and

(f) by omitting sub-paragraph (1) (c) (iii) and substituting the following sub-paragraph:

 

“(iii) makes a journey from the institution to that home upon completion or discontinuation of the work of the course for the year and before 1 April in the year immediately after that year,”.

11. Regulation 47a of the Student Assistance Regulations is repealed and the following regulation substituted:

Fares allowance—time limit for claims

“47a. (1) A student may submit a claim for fares allowance before the specified day.

“(2) Notwithstanding the provisions of regulation 47, where an authorised person receives a claim for fares allowance otherwise than before the specified day, the authorised person shall disregard the claim.

“(3) Sub-regulation (2) does not apply in respect of a claim by a student for fares allowance—

(a) where—

(i) the student has taken reasonable steps to ensure that the claim is received by an authorised person before the specified day; and

(ii) by reason of circumstances beyond the student’s control, the claim is not received by an authorised person before that day; or

(b) where—

(i) by reason of circumstances beyond the student’s control, the student is unable to take reasonable steps to ensure that the claim is received by an authorised person before the specified day; and

(ii) as soon as practicable after those circumstances cease to be applicable in respect of the student, the student takes reasonable steps to furnish the claim to an authorised person.

“(4) In this regulation—

‘fares allowance’ means an allowance payable under regulation 47;

‘specified day’, in relation to a journey made by a student in relation to the work of an approved course for a year, means 1 April in the year immediately after that year.”.

Incidentals allowance

12. Regulation 48 of the Student Assistance Regulations is amended by omitting “Subject to sub-regulation (2), for” and substituting “For”.

Part V

13. The heading to Part V of the Student Assistance Regulations is amended by omitting “TRIBUNALS” and substituting “TRIBUNAL”.

14. After regulation 75a of the Student Assistance Regulations the following regulation is inserted in Part V:

 

Interpretation—Part V

“75aa. In this Part

‘Convenor’, in relation to proceedings before the Tribunal, means the Convenor who is one of the members constituting the Tribunal for the purposes of those proceedings;

‘Tribunal’ means the Student Assistance Review Tribunal.”.

Summonses to witnesses

15. Regulation 76 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) “Any member of a Tribunal may, for the purposes of proceedings before the Tribunal under Part V of the Act” and substituting “For the purposes of proceedings before the Tribunal, the Convenor may”.

Allowances to witnesses

16. Regulation 77 of the Student Assistance Regulations is amended by omitting “Chairperson” and substituting “Convenor”.

Tribunal may take evidence

17. Regulation 78 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (1) “A” and substituting “The”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) An oath or affirmation for proceedings before the Tribunal may be administered by the Convenor or another member constituting the Tribunal for the purposes of those proceedings.”.

Repeal

18. Regulation 79 is repealed.

Disobedience to summons, &c.

19. Regulation 80 of the Student Assistance Regulations is amended by omitting “a Tribunal” (wherever occurring) and substituting “the Tribunal”.

Schedule 5

20. Schedule 5 to the Student Assistance Regulations is amended by inserting in clause 1 “Student Assistance” before “Review Tribunal”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 December 1985.

2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 35 and see also Statutory Rules 1985 No. 35, 354 and 372.

 

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