Student Assistance Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 326

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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 23 November 1982.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

(Sgd) Peter Baume

Minister of State for Education

 

Commencement

1. Regulations 5, 6, 7, 8, 9, 10, 14, 21, 22 and 23 shall come into operation on 1 January 1983.

Persons who are permanent residents

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

(a) by omitting from sub-paragraph (c) (ii) "of State for Labor and Immigration";

(b) by omitting from sub-paragraph (d) (ii) "of State for Labor and Immigration"; and

(c) by adding at the end thereof the following sub-regulation:

"(2) In this regulation, 'Minister' means the Minister of State for the time being administering the Migration Act 1958.".

Institutions to be treated as secondary schools

3. Regulation 6 of the Student Assistance Regulations is repealed.

S.R. 293/82 Cat. No. Recommended retail price 40c 11/12.11.1982

 

Repeal of Part II

4. Part II of the Student Assistance Regulations is repealed.

Interpretation of this Part

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

(a) by omitting from the definition of "relevant period" in sub-regulation (1) "or 43b";

(b) by omitting from paragraph (7) (a) "$2,310" and substituting "$2,827";

(c) by omitting from paragraph (7) (b) "$1,402" and substituting "$1,737"; and

(d) by omitting from paragraph (7) (c) "$2,583" and substituting "$3,100".

Ineligibility—previous study and other reasons

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

(a) by omitting from sub-regulation (1) "34a,";

(b) by omitting from sub-regulation (1) ", 34c";

(c) by omitting paragraph (1) (a);

(d) by omitting from paragraph (1) (k) "and that is"; and

(e) by omitting from paragraph (1) (m) "and that is".

Eligibility—courses related to teaching

7. Regulation 34A of the Student Assistance Regulations is repealed.

Eligibility—technical education prior to 1 January 1974

8. Regulation 34B of the Student Assistance Regulations is amended—

(a) by omitting sub-regulations (2), (3) and (4); and

(b) by omitting from sub-regulation (5) "1974 in a completed course" and substituting "1974 in the completed course".

Living allowance—students deemed to be of independent status

9. Regulation 41 of the Student Assistance Regulations is amended—

(a) by omitting sub-regulation (3aa) and substituting the following sub-regulation:

"(3aa) For the purposes of paragraph 41 (3) (b), where in a relevant period—

(a) a grantee has no spouse;

(b) the grantee is the parent of a child;

(c) the child normally resides with the grantee; and

(d) either—

(i) the grantee receives a family allowance under Part VI of the Social Security Act in respect of the child; or

(ii) living allowance is payable under regulation 42 in respect of the child,

the prescribed allowable income in relation to the grantee in respect of the relevant period is the amount ascertained in accordance with the formula—

where—

C is the number of days in the relevant period; and

D is the number of days in the relevant year."; and

(b) by omitting from sub-regulation (3ab) "$11,034" and substituting "$12,248".

Living allowance—students not of independent status

10. Regulation 42 of the Student Assistance Regulations is amended—

(a) by omitting from sub-paragraph (6) (a) (ii) "$11,034" and substituting "$12,248";

(b) by omitting from paragraph (6) (b) "$11,034" and substituting "$12,248"; and

(c) by omitting from sub-regulation (21) the definition of "payday" and substituting the following definition:

" 'payday' means a day determined by the Minister by notice published in the Gazette to be a payday in respect of the payment of Assistance in a year;".

Interpretation of this Part

11. Regulation 49 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) "or 16" from the definition of "holder".

Applications

12. Regulation 50 of the Student Assistance Regulations is amended by omitting sub-regulations (4) and (5).

Payments in relation to the cost of a post-graduate course

13. Regulation 69 of the Student Assistance Regulations is repealed.

Living allowance

14. Regulation 70 of the Student Assistance Regulations is amended—

(a) by omitting from sub-paragraph (2) (a) (i) "$6,840.40" and substituting "$9,070.40";

(b) by omitting from sub-paragraph (2) (a) (ii) "$6,840.40" and substituting "$9,070.40";

(c) by omitting from paragraph (2) (b) "$4,620" and substituting "$6,850";

(d) by omitting from paragraph (2) (c) "$4,620" and substituting "$6,850";

(e) by omitting from sub-paragraph (2) (d) (i) "$4,620" and substituting "$6,850";

(f) by omitting from sub-paragraph (2) (d) (ii) "$4,620" and substituting "$6,850"; and

(g) by omitting from paragraph (2) (e) "$4,620" and substituting "$6,850".

Notice to be given of certain matters in relation to the holder of a Scholarship

15. Regulation 84 of the Student Assistance Regulations is repealed.

Notice to be given of certain matters in relation to a grantee

16. Regulation 85 of the Student Assistance Regulations is amended by omitting sub-paragraph (1) (p) (iii).

Information to be furnished by parent

17. Regulation 88 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (1) "holder or" (wherever occurring); and

(b) by omitting sub-regulation (3) and substituting the following sub-regulation:

"(3) In this regulation, 'grantee' has the same meaning as in Part III.".

Suspension of Scholarships

18. Regulation 89 of the Student Assistance Regulations is repealed.

Suspension of Awards

19. Regulation 90 of the Student Assistance Regulations is repealed.

Schedule 2

20. Schedule 2 to the Student Assistance Regulations is repealed.

Schedule 3

21. Schedule 3 to the Student Assistance Regulations is amended by omitting "Melba Memorial Conservatorium of Music" from the list under the heading "Victoria—".

Schedule 6

22. Schedule 6 to the Student Assistance regulations is repealed.

Schedule 7

23. Schedule 7 to the Student Assistance Regulations is repealed.

Further amendments

24. The Student Assistance Regulations are further amended as set out in the Schedule.

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SCHEDULE Regulation 24

FURTHER AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS

Provision	Amendment
Sub-regulation 3 (1) ..................	Omit the definition of "Social Services Act", substitute the following definition: " 'Social Security Act' means the Social Security Act 1947;".
Paragraph 4 (a) .........................	Omit "Tertiary Education Commission Act 1977", substitute "Commonwealth Tertiary Education Commission Act 1977".
Sub-paragraph 29 (3) (e) (i)	Omit "Services", substitute "Security".
Sub-paragraph 29 (3) (e) (ii) ......	Omit "Services", substitute "Security".
Paragraph 29 (12) (d) ................	Omit "Social Services Act 1947", substitute "Social Security Act".
Paragraph 29 (12) (e) ................	Omit "Social Services Act 1947", substitute "Social Security Act".
Sub-paragraph 34 (3) (a) (v) ......	Omit "Tertiary Education Commission", substitute "Commonwealth Tertiary Education Commission".
Sub-paragraph 41 (3B) (b) (ii) ....	Omit "Services", substitute "Security".
Sub-paragraph 41 (5) (b) (i)	Omit "Services", substitute "Security".
Sub-paragraph 42 (8) (b) (ii) ......	Omit "Services", substitute "Security".
Sub-paragraph 70 (1) (b) (ii) ......	Omit "Services", substitute "Security".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 November 1982.

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.

            

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