Student Assistance Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 261

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 fourteenth day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Education

 

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS 

Commencement

1. (1) The amendments effected by sub-regulation 2 (1) shall be deemed to have come into operation on 1 January 1978.

(2) The amendments effected by sub-regulation 2 (2) shall come into operation on 1 January 1979.

Ineligibility —other circumstances

2. (1) Regulation 34 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (k) of sub-regulation (1) “ paragraph (1) applies ” and substituting “sub-paragraphs (l) (i) and (ii) apply” ; and

(b) by omitting from sub-paragraph (ii) of paragraph (1) of sub-regulation (1) “ (being a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia) ” and substituting “ , whether in Australia or elsewhere,”.

* Notified in the Commonwealth of Australia Gazette on 21 December 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; 1978, No. 108.

17700/77 Cat. No. —Recommended retail price 15c  12/5.12.1978

(c) by adding at the end of paragraph (a) of sub-regulation (3) the following sub-paragraphs:

“ (iv) a course at a technical college, being a course regarded by an advanced education institution as being equivalent to study undertaken for a degree or diploma at that advanced education institution;

(v) a course recognized as a course in advanced education by the Tertiary Education Commission, the Commission on Advanced Education or the Australian Commission on Advanced Education, not being a course referred to in paragraph (3) (f);”;

(d) by omitting from sub-paragraph (ii) of paragraph (b) of that sub-regulation “ or ” (last occurring);

(e) by omitting from sub-paragraph (iii) of paragraph (b) of that sub-regulation “ Territory,” and substituting “ Territory; or ”;

(f) by inserting in paragraph (b) of that sub-regulation, after sub-paragraph (iii), the following sub-paragraph:

“ (iv) a course referred to in sub-paragraph (3) (a) (iv) or (v),”; and

(g) by adding at the end of paragraph (b) of that sub-regulation “ , not being a course referred to in sub-paragraph (3) (a) (iv) or (v) ”.

(2) Regulation 34 of the Student Assistance Regulations is amended—

(a) by omitting paragraph (g) of sub-regulation (3) and substituting the following paragraph:

“ (g) subject to paragraph (c), an approved course that is a course at a technical college, not being a course referred to in sub-paragraph (3) (a) (iv) or (v), is an approved course of the same level as each other approved course that is a course at a technical college, not being a course referred to in sub-paragraph (3) (a) (iv) or (v); and ”;

(b) by omitting paragraphs (j) and (k) of sub-regulation (3); and

(c) by omitting sub-regulation (5a) and substituting the following sub-regulations:

“ (5a) For the purposes of paragraphs (1) (k) and (m), a reference, however expressed, to work successfully undertaken by an applicant in a course of study or instruction, other than the course of study or instruction for which Assistance is sought, shall be read as including a reference to work which the applicant was credited with having successfully completed for the purposes of that first-mentioned course.

“(5B) For the purposes of paragraph (1) (m), an applicant who has failed to complete successfully the whole or part of a course of study, other than the course of study for which Assistance is sought, due to his illness or other circumstances beyond his control shall be deemed not to have undertaken—

(a) where he has failed to complete successfully the whole of that course—that course; and

(b) where he has failed to complete successfully part of that course—that part of the course.”.

Non-reduction

3. Notwithstanding sub-regulation 1 (1), 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 sub-regulation and sub-regulation 2 (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 those sub-regulations, there is payable in respect of the person an amount equal to the amount of the excess.

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