Student Assistance Regulations (Amendment) (Cth)
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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 1983.
N. M. STEPHEN
Governor-General
By His Excellency's Command,
(Sgd) Susan Ryan
Minister of State for Education and Youth Affairs
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S.R. 239/83 Cat. No. Recommended retail price 90c 12.13.12.1983
" 'student' means a person who proposes to undertake, is undertaking or has undertaken a course, or part of a course, of study, instruction or research;".
(a) by omitting from sub-regulation (1) the definition of "academic year" and substituting the following definition:
" 'academic year', in relation to a year in relation to an approved course, means the period during which the course is offered in that year excluding any period of normal vacation applicable to the course;"; and
(b) by omitting from the definition of "relevant period" in sub-regulation (1) "in sub-regulation 44 (3)" and substituting "44b".
(a) by omitting from paragraph (7) (a) "2,827" and substituting "2,982";
(b) by omitting from paragraph (7) (b) "1,737" and substituting "1,837"; and
(c) by omitting from paragraph (7) (c) "3,100" and substituting "3,255".
"(ca) an allowance payable under Part V of the Social Security Act;".
(a) by omitting paragraph (2) (a) and substituting—
"(a) shall be in accordance with the form made available by an authorized person for the purpose;";
(b) by inserting in paragraph (2) (b) "or spouse" after "parent";
(c) by omitting from paragraph (2) (b) "that person's gross annual income" and substituting "particulars relating to that person's gross income"; and
(d) by inserting in sub-regulation (4) "or spouse" after "parent".
(a) by omitting from sub-paragraph (1) (m) (i) "or a course that he undertook elsewhere than in Australia"; and
(b) by inserting after sub-regulation (5b) the following sub-regulation:
"(5C) Where a student is undertaking, or proposes to undertake, in a year at a university—
(a) the work of the final year of an approved course at honours level, being a year's work that is in excess of the university's requirements for completion of the course if undertaken at pass level; or
(b) the work of an approved course that is not a degree or diploma course but is a qualification for his entry to a course at the university for the degree of Master or Doctor,
a reference in paragraph (1) (f) to a completed course does not include a reference to—
(c) an approved course that is a post-graduate diploma course, a post-diploma diploma course or a graduate diploma course;
(d) a course that he undertook in Australia before the commencement of the Act and that is equivalent to an approved course referred to in paragraph (c); or
(e) a course that he undertook elsewhere than in Australia and that is equivalent to an approved course referred to in paragraph (c).".
(a) by omitting paragraph (3) (ca); and
(b) by adding at the end of paragraph (3) (f) the following sub-paragraph:
"(v) a course of practical legal training at a university or an advanced education institution;".
(a) by omitting from sub-regulation (1) "44" and substituting "44b";
(b) by omitting from paragraph (3) (c) "30 June in the year preceding" and substituting "1 January in";
(c) by omitting from paragraph (3) (c) "that 30 June" and substituting "30 June in the year preceding the relevant year"; and
(d) by omitting sub-regulation (6d) and substituting the following sub-regulation:
"(6d) For the purposes of sub-regulations (6) and (6a), where in the relevant year a child is, or children are, dependent on a grantee and his spouse, being a spouse who was the spouse of the grantee on
1 January in the relevant year, and the income of the grantee in the relevant year from all sources is less than—
(a) where only one child is so dependent in the relevant year—25% of the prescribed joint incomes of the grantee and his spouse in the relevant year;
(b) where only 2 children are so dependent in the relevant year—15% of the prescribed joint incomes of the grantee and his spouse in the relevant year; or
(c) where more than 2 children are so dependent in the relevant year—7.5% of the prescribed joint incomes of the grantee and his spouse in the relevant year,
that child, or each of those children, as the case requires, shall be deemed not to be wholly or substantially dependent on the grantee in the relevant year.".
(a) by omitting from sub-regulation (3) "Living allowance is payable, in respect of a relevant period," and substituting "Subject to regulation 41a, living allowance is payable in respect of a day in a relevant period";
(b) by omitting sub-regulations (3aaa), (3aab), (3aac) and (3aad);
(c) by omitting from sub-regulation (3b) "For the purposes of paragraph (3) (c), the income of a spouse in the period of 12 months ending on 30 June in the year preceding the relevant" and substituting "For the purposes of this regulation, the income of a spouse in a period of 12 months ending on 30 June in a";
(d) by omitting from sub-paragraph (3b) (b) (ii) "child endowment" and substituting "family allowance";
(e) by omitting from sub-regulation (4) "relevant period, the amount per day" and substituting "day in a relevant period, an amount in respect of that day";
(f) by omitting from sub-paragraph (5) (b) (i) "child endowment" and substituting "family allowance";
(g) by omitting from sub-regulation (6b) "paragraph (3) (c)" and substituting "this regulation"; and
(h) by omitting from sub-regulation (6c) "paragraph (3) (c)" and substituting "this regulation".
"41a. (1) Subject to sub-regulation (2), where the income of a person who was, on 1 January in the relevant year, the spouse of a grantee is adversely affected in the period of 18 months immediately preceding the relevant year, or in the relevant year, by the cessation of the spouse's employment or by another circumstance, such as drought or bushfire, causing hardship to the spouse and the income is likely to continue to be so affected—
(a) if the adverse effect commences in that period of 18 months—for a period of 2 years commencing on 1 January in the relevant year; or
(b) if the adverse effect commences in the relevant year—for a period of 2 years commencing on the date on which the adverse effect commences,
and it would be unreasonable not to take that circumstance into account in applying sub-regulation 41 (3) or (4) in respect of the grantee in respect of a day in a relevant period in the relevant year, being a day on or after the date on which the adverse effect commences, then—
(c) if the adverse effect commences in that period of 18 months—the reference in paragraph 41 (3) (c) to the income of the spouse in the period of 12 months ending on 30 June in the year preceding the relevant year shall, in respect of that day, be read as a reference to the income of the spouse in the period of 12 months ending on 30 June in the relevant year; or
(d) if the adverse effect commences in the relevant year—the reference in paragraph 41 (3) (c) to the income of the spouse in the period of 12 months ending on 30 June in the year preceding the relevant year shall, in respect of that day, be read as a reference to the income of the spouse in the period of 12 months ending on 30 June in the year succeeding the relevant year.
"(2) Where—
(a) paragraph (1) (c) would, but for this sub-regulation, apply in respect of a grantee in respect of a day in a relevant period in the relevant year; and
(b) paragraph (1) (d) applies in respect of the grantee in respect of that day,
paragraph (1) (c) does not apply in respect of the grantee in respect of that day.".
(a) by omitting from sub-regulation (1) "44" and substituting "44b";
(b) by omitting from sub-regulation (7) "that 30 June" (first occurring) and substituting "1 January in the relevant year";
(c) by inserting after sub-regulation (11) the following sub-regulation:
"(11a) For the purposes of this regulation, a brother or sister of a grantee shall be deemed not to be undertaking an approved course as a full-time student during a period where, if he or she had applied for Assistance in respect of that course in respect of that period and if these Regulations, other than sub-regulations 44 (2), (3), (4), (5) and (6) and regulation 44e, had been applicable in respect of that period, living allowance would not have been payable by virtue of regulation 44b in respect of the brother or sister in respect of that course in respect of that period."; and
(d) by omitting sub-regulation (22).
(a) by inserting in sub-regulation (2) "a day in" after "in respect of (second occurring);
(b) by omitting from sub-regulation (3) "Where, in respect of" and substituting "Subject to regulations 46 and 46a, where in respect of a day in";
(c) by omitting from sub-regulation (4) "relevant period, the amount per day" and substituting "day in a relevant period, an amount in respect of that day";
(d) by omitting sub-regulation (6) and substituting the following sub-regulation:
"(6) For the purposes of this regulation, the prescribed amount based on the adjusted family income of the family of a grantee in respect of the relevant year is, in respect of a day in a relevant period—
(a) if the grantee has, on that day, a brother or sister who is undertaking an approved course as a full-time student—an amount calculated in accordance with the formula—
M
N
where—
M is the amount equal to 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 (whether or not those children are grantees) undertaking, on that day, approved courses as full-time students; and
(b) in any other case—an amount calculated on the basis of $2.50 for every $10 by which the adjusted family income of the family of the grantee in respect of the relevant year exceeds $12,248.";
(e) by omitting from sub-paragraph 8 (b) (ii) "child endowment" and substituting "family allowance";
(f) by inserting in sub-regulation (11) "respect of a day in" after "where in";
(g) by inserting in sub-regulation (12) "a day in" after "in respect of" (first occurring);
(h) by omitting from paragraph (12) (c) "the relevant period" (wherever occurring) and substituting "that day";
(j) by omitting from sub-regulation (13) "relevant period, the amount per day" and substituting "day in a relevant period, an amount in respect of that day";
(k) by omitting sub-regulation (14);
(m) by inserting in sub-regulation (15) "a day in" after "in respect of" (first occurring);
(n) by omitting from sub-regulation (15) "the relevant period" (wherever occurring) and substituting "that day";
(o) by inserting in paragraph (15a) (a) "in respect of a day in a relevant period" after "grantee"; and
(p) by inserting in sub-regulation 15a "in respect of that day" after "payable to the grantee".
"44. (1) For the purposes of regulation 44b, a student undertaking an approved course shall be deemed not to be undertaking any work in which he is not enrolled.
"(2) Subject to sub-regulations (4) and (5), for the purposes of regulation 44b, a student shall be deemed not to be undertaking work of an approved course at a tertiary education institution that is—
(a) work that he is regarded by the institution (by reason of studies undertaken in that or another course or for any other reason) as having previously successfully completed;
(b) work that he is exempted by the institution from being required to complete successfully;
(c) work that, after having been work of a kind referred to in paragraph (a) or (b), is regarded by the institution (otherwise than by reason of the length of time that has elapsed since he successfully undertook the work or of a change in the institution's normal requirements in respect of that work) as not being work of that kind; or
(d) work that he undertakes in lieu of work to which paragraph (c) applies.
"(3) Subject to sub-regulations (4) and (5) and regulation 44e, for the purposes of regulation 44b, a student shall be deemed not to be undertaking work of an approved course at a tertiary education institution (not being work of a kind referred to in paragraph (2) (a), (b) or (c)) that he does not need to undertake successfully to satisfy the institution's normal requirements for completion of the whole of the course.
"(4) Where a student undertaking an approved course has been accorded or credited with only a terminating pass in respect of any work of the course, sub-regulations (2) and (3) do not apply in respect of that work.
"(5) Where a student undertaking an approved course has been accorded or credited with only a terminating pass in respect of any work of the course, sub-regulation (3) does not apply in respect of any other work that he undertakes in lieu of that work unless that other work is of a kind referred to in paragraph (2) (a), (b) or (c).
"(6) In sub-regulations (4) and (5), 'terminating pass', in relation to a pass accorded or credited to a student by a tertiary education institution in respect of work of an approved course, means a level of pass that is regarded by the institution as insufficient to qualify him to commence undertaking other work of the course, not being work at honours level.
"44a. (1) In regulations 44b, 44c, 44d and 44e, 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.
"(2) In regulations 44b, 44c, 44d and 44e, 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 the 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.
"(3) In regulations 44b, 44c, 44d and 44e, a reference to the normal full-time amount of work of an approved course at Macquarie University for a year or semester shall 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—22 2/3 of the credit points; or
(b) where that work is for a semester— 11 1/3 of the credit points, that are required for the completion of the course.
"44b. Subject to regulations 44c and 44d, living allowance is not payable in respect of a student in respect of an approved course in respect of a period if the amount of work of the course that he is undertaking during the period is less than three-quarters of the normal full-time amount of work of the course for that period.
"44c. Where in relation to an approved course at a tertiary education institution by reason of—
(a) the institution's normal requirements that are applicable to students undertaking the course; or
(b) a written direction of the academic registrar, or an equivalent officer, of the institution,
the amount of work of the course available to be undertaken by a student during a period, being work that is a part of the minimum amount of work that is required to be successfully completed to satisfy the institution's normal requirements for completion of the whole of the course, is less than three-quarters of the normal full-time amount of work of the course for that period, the reference in regulation 44b to three-quarters shall, in respect of that student in respect of that course in respect of that period, be read as a reference to two-thirds.
"44d. (1) Subject to sub-regulation (2), where the academic registrar, or an equivalent officer, of a tertiary education institution certifies in writing that, for specified academic or vocational reasons, it is desirable for a student undertaking an approved course to undertake during a specified period or specified periods in an academic year (the total duration of which does not exceed one-half of the academic year) an amount of work of the course that is less than three-quarters of the normal full-time amount of work of the course for that period or those periods, as the case may be, the reference in regulation 44b to three-quarters shall, in respect of that student in respect of that course in respect of that period or those periods, be read as a reference to two-thirds.
"(2) Where under regulation 44b living allowance is not payable during a period in respect of an approved course undertaken by a student in a year, sub-regulation (1) does not apply in respect of that student in respect of that course in respect of so much of the year as remains after the end of that period.
"44e. (1) This regulation applies to a student undertaking an approved course in a year at a tertiary education institution if—
(a) at the commencement of the course in the year he still had to complete successfully less than the normal full-time amount of work of the course for the year to satisfy the institution's normal requirements for completion of the whole of the course;
(b) before the commencement of the course in the year, he had never been credited by the institution with having successfully completed any part of the work of the course (other than by reason of the work he had undertaken in the course);
(c) before the commencement of the course in the year he had never been a part-time student of the course; and
(d) before the commencement of the course in the year he would never have been ineligible in respect of the course by virtue of paragraph 34 (1) (g), (h) or (j) if these Regulations, other than sub-regulation 34 (5), had then applied in respect of the course.
"(2) For the purposes of paragraph (1) (c), a student shall be regarded as having been a part-time student of an approved course during a period if living allowance would not have been payable by virtue of regulation 44b in respect of that student in respect of that course in respect of that period if he had applied for Assistance and if these Regulations had applied in those respects.
"(3) Subject to sub-regulation (4), where by reason of a tertiary education institution's normal requirements for completion of the whole of an approved course the amount of work of the course available to be undertaken by a student during a period, being work that is a part of the minimum amount of work that is required to be successfully completed to satisfy those requirements and that he has not successfully completed, is less than two-thirds of the normal full-time amount of work of the course for that period, sub-regulation 44 (3) does not apply in respect of that student in respect of that course in respect of that period.
"(4) Where during a period a student undertaking an approved course does not undertake the whole of the available amount of work referred to in sub-regulation (3), that sub-regulation does not apply in respect of that student in respect of that course in respect of that or any subsequent period.".
"(2) Where in the period of 18 months immediately preceding the relevant year the income in that period of a person who was, on 1 January in the relevant year, a parent of a grantee is adversely affected—
(a) by the cessation of the employment of that person; or
(b) by another circumstance, such as drought or bushfire, causing hardship to that person,
and the income is likely to continue to be so affected for a period of 2 years commencing on that 1 January and it would be unreasonable in those circumstances for the adjusted family income of the family of the grantee in respect of the relevant year to be calculated in accordance with sub-regulation 42 (7), the adjusted family income of the family of the grantee in respect of the relevant year shall be calculated in accordance with sub-regulation (3).
"(3) For the purposes of regulation 42, the adjusted family income of the family of a grantee in respect of the relevant year, being a grantee in respect of whom sub-regulation (2) applies in respect of the relevant year, is an amount equal to the amount remaining after an amount in dollars calculated in accordance with the formula—
450 x C
is deducted from an amount equal to the sum of the amounts in dollars each of which is calculated, in relation to each person who was a parent of the grantee on 1 January in the relevant year, in accordance with the formula—
A – B
where in those formulae—
A is the amount in dollars of the gross income gained or produced by that person in the period of 12 months ending on 30 June in the relevant year;
B is the amount in dollars of the deductions allowable under sections 51 to 54 (inclusive) of the Income Tax Assessment Act as in force on that 30 June for losses and outgoings incurred in gaining or producing during the period of 12 months ending on that 30 June the assessable income, within the meaning of that Act, of that person; and
C is the number equal to the total number of children (not including the grantee) each of whom was on that 30 June wholly or partly dependent upon a person who was a parent of the grantee on 1 January in the relevant year.".
(a) by omitting paragraph (2) (a) and substituting the following paragraph:
"(a) the income in the relevant year of a person who was, on 1 January in the relevant year, a parent of a grantee is adversely affected—
(i) by the cessation of the employment of that person; or
(ii) by another circumstance, such as drought or bushfire, causing hardship to that person,
and is likely to continue to be so affected for a period of 2 years commencing on the day on which that income is first so adversely affected; or";
(b) by omitting from paragraph (3) (b) "July" and substituting "January"; and
(c) by omitting from paragraph (3) (b) "who was a parent of the grantee on that 30 June" and substituting "who was, on 1 January in the relevant year, a parent of the grantee".
(a) by omitting from paragraph (2) (a) "9,070.40" (wherever occurring) and substituting "9,550.40"; and
(b) by omitting from paragraphs (2) (b), (c), (d) and (e) "6,850" (wherever occurring) and substituting "7,330".
(a) by omitting "Burnley Horticultural College", "Dookie Agricultural College" and "Longerenong Agricultural College"; and
(b) by omitting—
"Victoria School of Forestry, Crcswiek"
and substituting—
"Victoria School of Forestry, Creswick
Victorian College of Agriculture and Horticulture".
(a) by omitting—
"Mercury Colleges"
and substituting—
"Mercury Colleges
Murrumbidgee College of Agriculture";
(b) by omitting—
"Chalmers Business College"
and substituting—
"Chalmers Business College
Community Welfare Training Institute":
(c) by omitting—
"Riddell Business College"
and substituting—
"Riddell Business College
Royal Melbourne Institute of Technology Technical College";
(d) by omitting—
"Cairns Business College"
and substituting—
"Burdekin Rural Education Centre
Cairns Business College";
(e) by omitting—
"Christine Percival Business Girls Academy"
and substituting—
"Christine Percival Business Girls Academy
Dalby Agricultural College
Emerald Rural Training School";
(f) by omitting—
"Kindercraft Civic Day Nursery"
and substituting—
"Kindercraft Civic Day Nursery
Longreach Pastoral College"; and
(g) by adding at the end thereof—
"Northern Territory —
Darwin Community College
Katherine Rural Training Centre
Community College of Central Australia".
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Regulation 25
ADDITIONAL AMENDMENTS
Provision | Amendment |
Regulation 43a | Omit "any period", substitute "a day". |
Sub-regulation 43b (1) ...................... | Omit "any period", substitute "a day". |
Sub-regulation 45 (1) ........................ | Omit "period" (wherever occurring), substitute "day". |
Sub-regulation 45 (2) ........................ | Omit "period" (wherever occurring), substitute "day". |
Sub-regulation 45 (3) ........................ | Omit "the period", substitute "a day". |
Sub-regulation 45 (4) ........................ | Omit "the period" (second occurring), substitute "a day". |
Sub-regulation 45 (5) ........................ | Omit "the period" (second occurring), substitute "a day". |
Sub-regulation 45a (1) ...................... | Omit "period" (wherever occurring), substitute "day". |
Sub-regulation 45a (2) ...................... | Omit "period" (wherever occurring), substitute "day". |
Sub-regulation 45a (3) ...................... | Omit "the period", substitute "a day". |
Sub-regulation 45a (4) ...................... | Omit "the period" (second occurring), substitute "a day". |
Sub-regulation 45a (5) ...................... | Omit "the period" (second occurring), substitute "a day". |
Sub-regulation 45b (1) ...................... | Omit "period" (wherever occurring), substitute "day". |
Sub-regulation 45b (2) ...................... | Omit "period" (wherever occurring), substitute "day". |
Sub-regulation 45b (3) ...................... | Omit "the period", substitute "a day". |
Sub-regulation 45b (4) ...................... | Omit "the period" (second occurring), substitute "a day". |
Sub-regulation 45ba (1) .................... | Omit "a period", substitute "a day in the relevant year". |
Sub-regulation 45ba (2) .................... | Omit "a period", substitute "a day in the relevant year". |
Sub-regulation 45c (1) ...................... | Omit "during a period". |
Omit "that period in the relevant year", substitute "a day in the relevant year before that 1 July". | |
Sub-regulation 45c (2) ...................... | Omit "the period", substitute "a day". |
1. Notified in the
2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1983 No. 171 andsee also Statutory Rules 1983 No. 171.
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