Student Assistance Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 199

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973*

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 this nineteenth day of October 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Education

 

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS 

Interpretation

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

(a) by omitting the definition of “ Act ” in sub-regulation (1) and substituting the following definition:

“ ‘ approved ’ means approved by the Minister;”; and

(b) by inserting after the definition of “ temporary entry permit ” in sub-regulation (1) the following definition:

“ ‘ the Act ’ means the Student Assistance Act 1973;”.

Institutions to be treated as advanced education institutions

2. Regulation 4 of the Student Assistance Regulations is amended by omitting “ Schedule 1 to these Regulations or in Schedule 2 to the Tertiary Education Commission Act 1977 ” and substituting “ Schedule 2 to the Tertiary Education Commission Act 1977 or in Schedule 1 ” .

Interpretation

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

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

* Notified in the Commonwealth of Australia Gazette on 26 October 1978.

  Statutory Rules 1974. No. 179 as amended by Statutory Rules 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; and 1978, No. 108.

17253/77 Cat. No. —Recommended retail price 20c  12/20.9.1978

“ ‘ commencing date ’ means any one of the following:

(a) in respect of a grantee who is undertaking, or proposes to undertake, an approved course that commences before 30 June— 1 January;

(b) in respect of a grantee who is undertaking, or proposes to undertake, an approved course that commences after 30 June— 1 July;

(c) in respect of a grantee who is undertaking, or proposes to undertake, an approved course that has a duration of 20 weeks or less—the day on which the course commences;

(d) the day on which a grantee becomes a grantee to whom sub-regulation 41 (3aaa) applies;

(e) the day on which a grantee ceases to be a grantee to whom sub-regulation 41 (3aaa) applies;”;

(b) by omitting the definition of “ orphan ” in sub-regulation (1) and substituting the following definition:

“ ‘ orphan ’ means a person—

(a) who has no living parent; or

(b) the whereabouts of whose living parent or parents is unknown,

being—

(c) in the case of a person referred to in paragraph (a) of the definition of ‘ parent ’ in sub-regulation 3 (1)—a parent within the meaning of that paragraph;

(d) in the case of a person referred to in paragraph (b) of that definition—a parent within the meaning of that paragraph; or

(e) in the case of a person referred to in paragraph (c) of that definition—a parent within the meaning of that paragraph;”;

(c) by omitting the definitions of “ relevant day ” and “ relevant period ” in sub-regulation (1) and substituting the following definitions:

 

“ ‘ relevant day ’ means—

(a) in relation to a person proposing to undertake an approved course—

(i) the day in the relevant year on which he commences to undertake that course; or

(ii) the first day of the academic year at the tertiary education institution at which he proposes to undertake that course; or

(b) in relation to a person proposing to undertake part of an approved course—

(i) the day in the relevant year on which he commences to undertake that part of that course; or

(ii) the first day of the academic year at the tertiary education institution at which he proposes to undertake that part of that course,

whichever is the later day;

‘ relevant period ’, in relation to a grantee, means a period in the relevant year, other than a period referred to in regulation 43a or 43b or in sub-regulation 44 (3), that commences on a commencing date and ends on the day—

(a) immediately preceding another commencing date; or

(b) on which Assistance to the grantee terminates,

whichever first occurs;”; and

(d) by adding at the end thereof the following sub-regulations:

“ (10) For the purposes of this Part, a person who—

(a) has entered into a training agreement;

(b) has been released from his obligations under that agreement; and

(c) produces to an authorized person reasonable evidence of the fact that he has been so released,

shall be deemed, on and from the day on which he was so released, not to be a patty to the training agreement.

“ (11) For the purposes of this Part, a reference to the income of a person in a period of 12 months ending on 30 June in a year (however expressed) shall, in respect of a person, other than a grantee, who has adopted, or is deemed to have adopted, under section 18 of the Income Tax Assessment Act an accounting period of 12 months ending on a day, other than 30 June, in that year, be read as a reference to the income of that person in that accounting period.” .

(2) Regulation 29 of the Student Assistance Regulations is amended—

(a) by inserting in paragraph (c) of sub-regulation (3) “ paid ” before “ leave of absence ” (first occurring); and

(b) by inserting in paragraph (d) of sub-regulation (3) “ of a kind referred to in paragraph (b) ” after “ employment ” (wherever occurring).

Repeal

4. Regulations 30a and 31 of the Student Assistance Regulations are repealed.

Assistance not to be granted to ineligible persons

5. After regulation 32 of the Student Assistance Regulations the following regulation is inserted:

“ 32a. An authorized person shall not, in respect of a period, approve the grant of Assistance to a person who is not eligible to be granted Assistance in respect of that period.”.

Ineligibility— other circumstances

6. Regulation 34 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (11) “ in Australia ”; and

(b) by omitting from paragraph (b) of sub-regulation (11) “ in Australia ”.

Eligibility— technical education prior to 1 January 1974

7. Regulation 34b of the Student Assistance Regulations is amended by omitting from paragraph (b) of sub-regulation (7) “ of ” and substituting “ in ”.

Termination-completion and cessation of approved course

8. Regulation 37 of the Student Assistance Regulations is amended by inserting in paragraph (c) of sub-regulation (1) “ that part of ” after “ completes ” (last occurring).

Full-time work load

9. Regulation 44 of the Student Assistance Regulations is amended by omitting sub-regulation (7).

Award not to be granted to ineligible persons

10. After regulation 50 of the Student Assistance Regulations the following regulation is inserted:

“ 50a. An authorized person shall not approve the grant of an Award to a person who is not eligible to be granted an Award.”.

Application

11. The amendments of the Student Assistance Regulations effected by sub-regulation 3 (1) apply to and in relation to the grant of Tertiary Education Assistance in respect of a period commencing on or after 1 January 1978.

Non-reduction

12. Notwithstanding regulation 11, where during the year that commenced on 1 January 1978 the amount of benefit under Tertiary Education Assistance that would have been payable in respect of a person by virtue of the Student Assistance Regulations if that regulation and sub-regulation 3 (1) had not come into operation exceeds the amount of benefit under Tertiary Education Assistance payable in respect of the person by virtue of the Student Assistance Regulations as amended in accordance with these Regulations, there is payable in respect of the person the amount of the excess.

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