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 21 December 1984.
N. M. STEPHEN
Governor-General
By His Excellency's Command,
(Sgd) Susan Ryan
Minister of State for Education
______________
1. (1 ) Regulation 17 shall be deemed to have come into operation on 29 May 1984.(
2 ) The remaining regulations shall come into operation on 1 January 1985.
" 'spouse' includes an unmarried person who is living with a person of the opposite sex on a
bona fide domestic basis as her husband or his wife, as the case may be, if(a) a natural, or adoptive, child of both of those persons is wholly or substantially dependent on either of those persons; or
S.R. 382/84 Cat. No. Recommended retail price $1.00 14/12.12.1984
(b) those persons have been living together on that basis for a continuous period of 24 months;".
"and (c) persons who are not Australian citizens but have their permanent home in Christmas Island.".
4 . Regulation 29 of the Student Assistance Regulations is amended—(a) by omitting sub-regulations (2), (3), (4) and (4a);
(b) by omitting from paragraph (7) (a) "$2,982" and substituting "$3,308";
(c) by omitting from paragraph (7) (b) "$1,837" and substituting "$2,048";
(d) by omitting from paragraph (7) (c) "$3,255" and substituting "$3,581"; and
(e) by omitting from sub-regulation (8) "education" and substituting "educational".
"30. (1) For the purposes of this Part, a person who is an applicant or a grantee shall be deemed to be of independent status if the person—
(a) has attained, or will, during the relevant year, attain, the age of 25 years;
(b) has been married;
(c) is living with a person of the opposite sex on a bona fide domestic basis as her husband or his wife, as the case may be, and a natural, or adoptive, child of both those persons is wholly or substantially dependent on either of those persons;
(d) is an orphan;
(e) is a ward, or has ceased to be a ward by reason only of having attained the age at which, in accordance with the law of the State or Territory for the purposes of which he or she was a ward, a person ceases to be a ward;
(f) has, in respect of periods amounting in the aggregate to not less than 104 weeks during the last 260 weeks, been a prescribed person;
(g) was, at any time before the relevant year, deemed to be of independent status for the purposes of this Part; or
(h) has, at any time, been granted educational assistance by the Commonwealth under
(i) the Adult Secondary Education Assistance Scheme;
(ii) the Pre-School Teacher Education Allowances Scheme; or
(iii) the Secondary Allowances Scheme,
and has been treated, for the purposes of that Scheme, as having independent status.
"(2) For the purposes of paragraph (1) (f), a person is a prescribed person-
(a) in respect of a number of weeks during a period, being a number of weeks equal to the number (disregarding any remainder) ascertained in accordance with the formula—
where A is the total number of hours during which the person was engaged for gain in employment or other work in each week during that period, being a week in which the person was so engaged for periods amounting in the aggregate to not less than 10 hours but less than 25 hours;
(b) in respect of a week during which the person was engaged for gain in employment or other work
(i) for periods amounting in the aggregate to not less than 25 hours; or
(ii) treated as, or as entitling the person to the benefit of having performed, full-time work under an industrial agreement or award applicable, directly or indirectly, to that employment;
(c) if the person was not a full-time student and was on paid leave of absence from employment of a kind referred to in paragraph (b), being employment in which the person engaged for a period of not less than one week immediately preceding the commencement of that leave of absence;
(d) if a duly qualified medical practitioner has certified, by instrument in writing produced to an authorized person, that the first-mentioned person is unable, by reason of illness or incapacity, to engage in employment of a kind referred to in paragraph (b) and if the first-mentioned person is not for any other reason precluded from engaging in employment of a kind referred to in paragraph (b);
(e) in respect of a period during which the person was-
(i) a pensioner within the meaning of Part III or IV of the Social Security Act;
(ii) a beneficiary within the meaning of Part IVaaa, VII or VIII of the Social Security Act;
(iii) a service pensioner within the meaning of Division 5 of Part III of the
Repatriation Act 1920 ;
(iv) a sufferer from tuberculosis to whom, or in respect of whom, an allowance under section 9 of the
Tuberculosis Act 1947 was payable;(v) a person in relation to whom the
States Grants (Deserted Wives) Act 1968 applied and for whom approved benefits within the meaning of that Act were provided;(vi) in receipt of benefit or assistance granted under the scheme known as the National Employment and Training System;
(vii) supplied with subsistence by a religious order if the person was a member of that order or was otherwise engaged in the performance of the functions of that order or by a religious institution of which the person was a member of the staff; or
(viii) in lawful custody; or
(f) in respect of a period during which the person was
(i) resident in Australia;
(ii) registered with the Commonwealth Employment Service for employment;
(iii) available for full-time employment;
(iv) unemployed or engaged in part-time employment;
(v) not undertaking a full-time course of study or instruction; and
(vi) not on vacation from a full-time course of study or instruction that the person was undertaking.
"(3) Notwithstanding sub-regulation (2), a person is not a prescribed person by virtue of paragraph (2) (a), (b) or (f) in respect of any week during any part of which the person—
(a) was undertaking, or proposes to undertake, a full-time course of primary, or secondary, studies in Australia or elsewhere; or
(b) was on vacation from a full-time course of studies of that kind.
"(4) Where a person to whom sub-regulation (3) has applied in respect of a period completes or discontinues all his or her full-time primary and secondary studies, that sub-regulation does not apply in respect of the person after the expiration of the day on which those studies arc so completed.
"(5) For the purposes of sub-regulation (2)—
'award'
has the same meaning as in the
'full-time student' includes a person on leave of absence from employment, being leave of absence with or without pay for the purpose of undertaking on a full-time basis a course of study or instruction;
'industrial agreement' means an industrial agreement made pursuant to the
Conciliation and Arbitration Act 1904.
"(6) A reference in paragraph (2) (a) or (b) to employment or other work does not include a reference to a period of study in an approved course, whether or not payment is made in respect of that study.".
(a) by omitting sub-paragraph (1) (e) (i) and substituting the following sub-paragraph:
"(i) completed a course of study or instruction that
(a) in the case of a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia—is equivalent to an approved course; or
(b) in the case of a course completed in Australia after the commencement of the Act—was, at the time the applicant completed the course, an approved course; and";
(b) by omitting from paragraph (1) (f) "is" (first occurring);
(c) by omitting sub-paragraphs (1) (f) (i) and (ii) and substituting the following sub-paragraphs:
"(i) in the case of a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia— is equivalent to an approved course; or
(ii) in the case of a course completed in Australia after the commencement of the Act—was, at the time the applicant completed the course, an approved course,";
(d) by omitting from paragraph (1) (k) "is" (first occurring);
(e) by omitting sub-paragraphs (1) (k) (i) and (ii) and substituting the following sub-paragraphs:
"(i) in the case of a course that the applicant undertook in Australia before the commencement of the Act or a course that the applicant undertook elsewhere than in Australia—is equivalent to an approved course; or
(ii) in the case of a course that the applicant undertook in Australia after the commencement of the Act—was, at the time the applicant completed the course, an approved course,";
(f) by omitting from paragraph (1) (m) "is" (first occurring); and
(g) by omitting sub-paragraphs (1) (m) (i) and (ii) and substituting the following sub-paragraphs:
"(i) in the case of a course that the applicant undertook in Australia before the commencement of the Act is equivalent to an approved course; or
(ii) in the case of a course that the applicant undertook in Australia after the commencement of the Act was, at the time the applicant last undertook the course before the relevant day, an approved course,".
(a) by omitting from sub-regulation (3ab) "$12,983" and substituting "$14,281"; and
(b) by omitting from sub-regulation (6) "$10" and substituting "$14".
(a) by omitting from paragraph (6) (b) "$12,983" and substituting "$14,281";
(b) by omitting from sub-regulation (15a) "(15)" and substituting "(4)"; and
(c) by omitting from sub-regulation (16) "$10" and substituting "$14".
"47. (1) Where in a year—
(a) living allowance is payable in respect of a student in respect of an approved course at a tertiary education institution;
(b) the student does not reside at his or her permanent home while undertaking the course; and
(c) the student—
(i) makes a journey from that home to the institution in order to commence the work of the course for the year;
(ii) makes a journey from the institution to that home and back to the institution before completion of the work of the course for the year or before discontinuation of the course for the year; or
(iii) makes a journey from the institution to that home upon completion of the work of the course for the year or upon discontinuation of the course in the year,
fares allowance is payable in accordance with this regulation in respect of the journey.
"(2) Sub-regulation (1) does not apply to
(a) a student who has a spouse and whose permanent home is not also the permanent home of that spouse;
(b) a student in respect of whom living allowance is payable under sub-regulation 42 (3) or (12)
(i) who has a parent or parents and does not have a spouse; and
(ii) whose permanent home is not also the permanent home of that parent or those parents;
(c) a student in respect of whom living allowance is payable under sub-regulation 42 (3) or (12) if the maximum allowance in respect of the student is determined under paragraph 42 (2) (b); or
(d) a student whose permanent home is not in Australia or an external Territory.
"(3) Fares allowance is not payable in respect of a student in respect of a year for more than—
(a) where living allowance is payable in respect of the student for not more than 3 months in the year—one journey of each of the kinds referred to in sub-paragraphs (1) (c) (i) and (iii);
(b) where living allowance is payable in respect of the student for more than 3 months but not more than 6 months in the year—one journey of each of the kinds referred to in sub-paragraphs (1) (c) (i), (ii) and (iii); and
(c) where living allowance is payable in respect of the student for more than 6 months in the year—one journey of each of the kinds referred to in sub-paragraphs (1) (c) (i) and (iii) and 2 journeys of the kind referred to in sub-paragraph (1) (c) (ii).
"(4) In this regulation, 'appropriate fare', in relation to a journey, means the fare that would be payable for the journey if undertaken by a reasonable route by the least expensive practicable form of public transport.
"(5) The fares allowance payable in respect of any part of a journey for which public transport is available is an amount equal to the appropriate fare that would be payable for that part of the journey.
"(6) Notwithstanding sub-regulation (4), where in respect of any part of a journey of a student it would be unreasonable, having regard to—
(a) the illness or physical incapacity of the student; or
(b) the travelling time for the whole of the journey,
to expect the student to travel by the least expensive form of public transport and the student uses another form of transport, the appropriate fare for that part of the journey is the fare for the least expensive form of public transport that it is reasonable to expect the student to use.
"(7) Notwithstanding anything contained in this regulation, where a student is able to make arrangements to undertake any part of a journey by public transport on payment of a concessional fare, the appropriate fare for that part of the journey shall not exceed that concessional fare.
"(8) Where for any part of a journey of a student—
(a) the appropriate fare is the fare for rail travel;
(b) the student travels by rail in a sleeping berth; and
(c) it would be reasonable, having regard to—
(i) the health and physical capacity of the student; or
(ii) the travelling time for the whole journey,
to expect the student to undertake without a sleeping berth a part of that journey that is undertaken in one day between 6 o'clock in the morning and 10 o'clock in the evening,
that appropriate fare does not include the cost of that sleeping berth.
"(9) Where for any part of a journey of a student
(a) the appropriate fare is the fare for rail travel;
(b) sleeping berths are not normally provided for second class rail travel;
(c) the student travels by rail in a first class sleeping berth; and
(d) it would be unreasonable, having regard to—
(i) the illness or physical incapacity of the student; or
(ii) the travelling time for the whole of the journey,
to expect the student to undertake without a sleeping berth a part of that journey that is undertaken in one day between 6 o'clock in the morning and 10 o'clock in the evening,
that appropriate fare is the fare for first class rail travel, including the cost of that sleeping berth.
"(10) Where for any part of a journey of a student
(a) public transport is not available; and
(b) the student travels by road by a motor vehicle other than a taxi,
the fares allowance for that part of the journey is an amount calculated in accordance with Schedule 6 at a rate for each kilometre so travelled.
"(11) Where for any part of a journey of a student
(a) public transport is not available; and
(b) the student travels by road by a taxi,
the fares allowance for that part of the journey is an amount calculated at the rate specified in Column 4 of Schedule 6, in Item 1 of that Schedule, for each kilometre so travelled.
"(12) Where for any part of a journey of a student
(a) public transport is not available;
(b) travel by road would be unreasonable because of abnormal travel hazards such as bush fires or flooding; and
(c) the student travels by a means of transport that, having regard to the distance travelled and the cost of travel, it is reasonable for the student to use,
the fares allowance for that part of the journey is an amount equal to the actual costs incurred by the student for that transport.
"(13) In this regulation, 'public transport' does not include transport by taxi.".
"(2) In this Part—
(a) a reference to the grant of an Award in respect of a year shall be read as a reference to the grant of the Award in respect of—
(i) a post-graduate course that the holder of the Award is to commence in that year, whether or not the course is completed in that year; or
(ii) that part of a post-graduate course that the holder of the Award is to continue in that year, whether or not the course is completed in that year;
(b) a reference to the year, or to the first year, of an Award shall be read as a reference to the year, or to the first year, as the case may be, in relation to which the grant of the Award in respect of a course is in force;
(c) a reference to a subsequent year of an Award shall be read as a reference to a year, other than the first year of the Award, in relation to which the grant of the Award in respect of a course is in force.
"(3) In this Part, a reference to an Award in respect of a post-graduate course shall be read as including a reference to an Award in respect of part of a post-graduate course.".
(a) by omitting from sub-regulation (1) "his studies in his post-graduate" and substituting "that";
(b) by omitting from sub-regulation (1) "Australia," and substituting "Australia";
(c) by omitting from sub-regulation (1) "a specified period not exceeding 12 months" and substituting—
"a specified period (the first day of which is in this regulation referred to as the 'proposed departure day')—
(a) where the holder proposes to undertake research in anthropology or to undertake research in the Australian Antarctic Territory not exceeding 18 months; or
(b) in any other case not exceeding 12 months";
(d) by inserting in sub-regulation (2) ", (4a), (4b)" after "(4)";
(e) by omitting sub-regulations (4) and (5) and substituting the following sub-regulations:
"(4) Where the holder of an Award in respect of a post-graduate course makes an application under sub-regulation (1) for approval to be absent from Australia for a specified period for the purpose of undertaking research, other than research to which sub-regulation (4a) or (4b) applies, an authorized person shall not approve that proposed period of absence if the proposed departure day is before 1 November in the first year of the Award.
"(4a) Where the holder of an Award in respect of a post-graduate course makes an application under sub-regulation (1) for approval to be absent from Australia for a specified period for the purpose of undertaking research at, or in association with persons on the staff of, an educational institution the academic year of which commences after 31 July in a year, other than research to which sub-regulation (4b) applies, an authorized person shall not approve that proposed period of absence if the proposed departure day is before 1 August in the first year of the Award.
"(4b) Where the holder of an Award in respect of a post-graduate course makes an application under sub-regulation (1) for approval to be absent from Australia for a specified period for the purpose of undertaking in a place outside Australia research that includes the making of observations, or the carrying out of experiments, in relation to—
(a) a season of the year in that place that commences before 1 November in the first year of the Award; or
(b) an event expected to occur in that place before 1 November in the first year of the Award,
an authorized person shall not approve that proposed period of absence if the holder has completed in that course less than 3 months research for a full-time student undertaking that course.
"(4c) Sub-regulations (4) and (4a) do not apply to an application under sub-regulation (1) by the holder of an Award in respect of a post-graduate course for approval to be absent from Australia for a specified period if the holder will have completed in that course before the proposed departure day at least 12 months research for a full-time student undertaking that course.
"(5) Sub-regulations (4), (4a) and (4b) do not apply to an application under sub-regulation (1) by the holder of an Award in respect of a post-graduate course of research for approval to be absent from Australia for a specified period if the application relates to a proposed period of absence not exceeding 30 days for the purpose of enabling the holder to attend an organized conference on a subject closely connected with the subject of that research."; and
(f) by omitting from sub-regulation (6) "sub-regulation (2) exceeds 12 months" and substituting
"sub-regulation (2) exceeds—
(a) in the case of a holder of an Award referred to in paragraph (1) (a) 18 months; or
(b) in any other case— 12 months".
"67b. (1) Unless sooner terminated under these Regulations, an Award, other than an Award referred to in sub-regulation (2), expires upon the completion by the holder of his or her post-graduate course.
"(2) Unless sooner terminated under these Regulations, an Award that is—
(a) a Research Award; or
(b) an Advanced Education Institution Award for research,
expires at the end of the pay period that immediately follows the pay period in which the holder for the first time formally submits a thesis in respect of his or her research under the Award to the university or advanced education institution at which the holder is undertaking the research.
"(3) For the purposes of this regulation, each calendar year is divided into 26 pay periods—
(a) each of the first 25 of which comprises 14 days, the first of those pay periods commencing on 1 January and the second and subsequent of those pay periods each commencing at the end of the immediately preceding pay period; and
(b) the last of which commences at the end of the twenty-fifth pay period and concludes at the end of 31 December of that year.".
(a) by omitting from sub-paragraph (2) (a) (i) "$9,550.40" and substituting "$9,836.40";
(b) by omitting from sub-paragraph (2) (a) (ii) "$9,550.40" and substituting "$9,836.40";
(c) by omitting from sub-paragraph (2) (a) (ii), paragraph (2) (b) and sub-paragraphs 2 (d) (i) and (ii) "$520" and substituting "$728"; and
(d) by omitting from paragraphs (2) (b) and (c), sub-paragraphs (2) (d) (i) and (ii) and paragraph (e) "$7,330" and substituting "$7,616".
(a) by inserting in sub-regulation (1) "by a university or advanced education institution" after "accepted";
(b) by omitting from sub-regulation (1) ", not later than 24 months after the date of termination or expiry of the Award,"; and
(c) by inserting after sub-regulation (1) the following sub-regulation:
"(2) Thesis allowance is not payable under sub-regulation (1) in respect of a thesis submitted in relation to a post-graduate course in respect of which an Award has been granted unless the evidence required under that sub-regulation to be furnished to an authorized person is so furnished not later than
(a) 24 months after termination or expiry of the Award; or
(b) 6 months after submission of the thesis.".
"87. (1) Subject to sub-regulation (2), where the information or evidence furnished to an authorized person is insufficient for the purpose of enabling that person to determine a benefit under student assistance that is, or may become, payable in respect of a student, the authorized person may give, or send by post, to the student or to a person who is, or at any time was, a parent or spouse of the student a notice in writing setting out the information or evidence that the authorized person requires for that purpose.
"(2) A notice under this regulation setting out information or evidence that an authorized person requires in relation to an application by a student for, or a grant to a student of, a benefit under student assistance shall not be given, or sent by post, to a person who is, or at any time was, a parent or spouse of the student unless the authorized person believes on reasonable grounds that the information or evidence is, or ought to be, in the knowledge or possession of that person.
"(3) Where in relation to an application for a benefit under student assistance a notice under this regulation to a person is expressed to be issued pursuant to this regulation, consideration of the application shall be suspended until the information or evidence referred to in the notice is furnished to an authorized person and the notice shall state that consideration of the application shall be so suspended.
"(4) Where in relation to a grant of a benefit under student assistance a notice under this regulation to a person is expressed to be issued pursuant to this regulation, payment of that benefit shall be suspended from and including a date set out in the notice (being a date not less than 14 days after the date on which the notice is given, or sent by post, to the person) until the information or
evidence referred to in the notice is furnished to an authorized person and the notice shall state that payment of that benefit shall be so suspended.
"(5) Where in relation to an application by a student for, or a grant to a student of, a benefit under student assistance a notice under this regulation is given, or sent by post, to a person other than the student, a copy of the notice shall be given, or sent by post, to the student.
"(6) A notice, or a copy of a notice, that under this regulation is sent by post by an authorized person to another person may be sent to that other person's last-known address,
"(7) In this regulation, a reference to information or evidence in the knowledge or possession of a person includes a reference to information or evidence concerning the estimated income of the person.
"(8) In sub-regulation (6), 'address' means the address of any premises or place (including a post office box or bag service) to which postal articles may be addressed.".
(a) by omitting "Key Personnel Business College" (wherever occurring); and
(b) by omitting—
"Edwards Secretarial College"
and substituting—
"Australian Business College
Edwards Secretarial College".
SCHEDULE 6 Sub-regulations 47 (10) and (11)
RATES OF ALLOWANCE
Column 1 | Column 2 | Column 3 | Column 4 |
Item | Engine capacity of a motor vehicle not powered by a rotary engine | Engine capacity of a motor vehicle powered by a rotary engine | Rate of allowance per kilometre |
1 | More than 4000 cubic centimetres | More than 2000 cubic centimetres | 27.1 cents |
2 | More than 2000 cubic centimetres hut not more than 4000 cubic centimetres | More than 1000 cubic centimetres but not more than 2000 cubic centimetres | 25.8 cents |
3 | More than 1500 cubic centimetres but not more than 2000 cubic centimetres | More than 750 cubic centimetres but not more than 1000 cubic centimetres | 21.5 cents |
4 | 1500 cubic centimetres or less | 750 cubic centimetres or less | 18.8 cents |
________
Regulation 19
FURTHER AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS
(a) Omit "relevant year" (first occurring), substitute "year, or in the first year, of the Award".
(b) Omit "the relevant" (second occurring), substitute "that".
Omit "relevant year", substitute "year, or in the first year, of the Award".
(a) Omit "relevant year" (first occurring), substitute "year, or in the first year, of the Award".
(b) Omit "the relevant" (second occurring), substitute "that".
Omit "relevant year", substitute "year, or in the first year, of the Award".
(a) Omit "relevant year" (first occurring), substitute "year, or in the first year, of the Award".
(b) Omit "the relevant" (second and third occurring), substitute "that".
(a) Omit "relevant year" (first occurring), substitute "year, or in the first year, of the Award",
(b) Omit "the relevant" (second and third occurring), substitute "that".
(a) Omit "relevant year" (first occurring), substitute "year, or in the first year, of the Award".
(b) Omit "the relevant" (second and third occurring), substitute "that".
Omit "relevant year", substitute "year, or in the first year, of the Award".
Omit "relevant year a holder", substitute "year, or in the first year, of an Award, the holder of the Award".
Omit "a holder" (first occurring), substitute "of an Award the holder of the Award".
Omit "relevant year", substitute "year, or in the first year, of the Award".
Insert "of the Award" after "subsequent year".
Omit "relevant year", substitute "year, or in the first year, of the Award".
Omit "relevant year", substitute "year, or in the first year, of the Award".
Omit "first year", substitute "year, or in the first year,".
Omit "first year", substitute "year, or in the first year,".
1. Notified
in the
2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1984 No. 17 andsee also Statutory Rules 1984 Nos. 17 and 171.
Printed by Authority by the Commonwealth Government Printer
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