Student Assistance Regulations (Cth)

Text

C2004H03229

STUDENT ASSISTANCE REGULATIONS
- In force under the Student Assistance Act 1973
- Reprinted as at 31 July 1992 (#DATE 31:07:1992)

*1* The Student Assistance Regulations (in force under the Student Assistance Act 1973) as shown in this reprint comprise Statutory Rules 1974 No. 179 amended as indicated in the Tables below. The Student Assistance Regulations were amended by the Employment, Education and Training Act 1988. The amendments are incorporated in this reprint. Table of Statutory Rules Year and Date of Date of Application, saving or number notification commencement transitional provisions in Gazette 1974 No. 179 8 Oct 1974 15 Oct 1974 (see r. 2 and Gazette 1974, No. 82, p. 4) 235 6 Dec 1974 6 Dec 1974 R. 10 258 23 Dec 1974 1 Jan 1975 - 1975 No. 136 22 July 1975 R. 7: 1 Jan 1976 R. 1 (1) Remainder: 22 July 1975 203 4 Nov 1975 4 Nov 1975 R. 1 219 23 Dec 1975 Rr. 2 (2), 3-6 and 8-11: R. 1 (1) 1 Jan 1976 Remainder: 23 Dec 1975 1976 No. 92 6 Apr 1976 6 Apr 1976 R. 1 121 22 June 1976 22 June 1976 R. 2 286 20 Dec 1976 20 Dec 1976 Rr. 1 and 6 287 20 Dec 1976 Rr. 2-5: 1 Jan 1977 Rr. 1 Remainder: 20 Dec 1976 (1) and 8 1976 No. 292 30 Dec 1976 30 Dec 1976 Rr. 1 and 7 293 30 Dec 1976 1 Jan 1977 Rr. 4 (3), 13 (2), (3),21 (2) and 22 (2) 1977 No. 147 8 Sept 1977 8 Sept 1977 Rr. 2 and 3 209 9 Nov 1977 9 Nov 1977 Rr. 10 and 11 210 9 Nov 1977 9 Nov 1977 R. 10 211 9 Nov 1977 1 Jan 1978 - 219 18 Nov 1977 1 Jan 1978 R. 14 242 5 Dec 1977 1 Jan 1978 - 243 14 Dec 1977 1 Jan 1978 - 1978 No. 108 4 July 1978 4 July 1978 R. 3 148 17 Aug 1978 1 Jan 1978 - 189 12 Oct 1978 12 Oct 1978 Rr. 4 and 5 199 26 Oct 1978 26 Oct 1978 Rr. 11 and 12 200 26 Oct 1978 26 Oct 1978 R. 3 260 21 Dec 1978 21 Dec 1978 - 261 21 Dec 1978 21 Dec 1978 Rr. 1 and 3 262 21 Dec 1978 21 Dec 1978 R. 4 263 21 Dec 1978 21 Dec 1978 R. 5 264 21 Dec 1978 21 Dec 1978 R. 6 265 21 Dec 1978 21 Dec 1978 R. 5 1979 No. 139 19 July 1979 19 July 1979 Rr. 3 (2) and 4 216 23 Oct 1979 23 Oct 1979 Rr. 8 and 9 267 18 Dec 1979 18 Dec 1979 R. 3 268 18 Dec 1979 18 Dec 1979 - 304 27 Dec 1979 27 Dec 1979 R. 5 1980 No. 14 13 Feb 1980 13 Feb 1980 - 15 13 Feb 1980 13 Feb 1980 - 29 28 Feb 1980 28 Feb 1980 - 50 20 Mar 1980 20 Mar 1980 - 194 15 July 1980 15 July 1980 - 271 17 Sept 1980 1 Jan 1980 - 343 4 Dec 1980 1 Jan 1981 - 365 16 Dec 1980 16 Dec 1980 R. 2 366 16 Dec 1980 16 Dec 1980 R. 2 387 31 Dec 1980 1 Jan 1981 - 388 31 Dec 1980 1 Jan 1981 - 1981 No. 23 24 Feb 1981 24 Feb 1981 - 61 9 Apr 1981 9 Apr 1981 - 62 9 Apr 1981 9 Apr 1981 - 117 4 June 1981 4 June 1981 - 341 27 Nov 1981 1 Jan 1982 R. 6 386 31 Dec 1981 R. 2: 1 Jan 1982 - Remainder: 31 Dec 1981 1982 No. 326 30 Nov 1982 Rr. 5-10, 14 and 21-23: - 1 Jan 1983 Remainder: 30 Nov 1982 1983 No. 171 22 Sept 1983 R. 4: 1 Jan 1983 - Remainder: 22 Sept 1983 341 30 Dec 1983 Rr. 3, 4, 8, 10, 14 R. 26 and 17-19: 1 Jan 1983 Rr. 5, 7, 12, 16 and 22: 1 Jan 1984 R. 6: 1 May 1983 R. 23: 22 Dec 1982 Remainder: 30 Dec 1983 1984 No. 17 20 Feb 1984 20 Feb 1984 - 171 31 July 1984 1 Aug 1984 - 473 21 Dec 1984 R. 17: 29 May 1984 - Remainder: 1 Jan 1985 1985 No. 35 4 Apr 1985 4 Apr 1985 - 354 20 Dec 1985 1 Jan 1986 - 372 20 Dec 1985 Rr. 3-10: 1 Jan 1986 R. 2 Rr. 11 and 12: 1 Jan 1985 Remainder: 20 Dec 1985 373 20 Dec 1985 Rr. 5, 8 and 9: 1 Jan 1985 R. 2 Remainder: 1 Jan 1986 1986 No. 381 22 Dec 1986 Rr. 3, 6 and 9: 1 July 1986 - Rr. 41 and 43: 12 Dec 1985 R. 42: 30 Apr 1986 R. 45: 4 Dec 1985 Remainder: 1 Jan 1987 382 22 Dec 1986 1 Jan 1987 - 1987 No. 288 17 Dec 1987 17 Dec 1987 R. 2 289 17 Dec 1987 17 Dec 1987 - 304 22 Dec 1987 Rr. 2-7: 1 Jan 1987 R. 8: 4 Dec 1986 Remainder: 22 Dec 1987 R. 9 305 22 Dec 1987 1 Jan 1988 R. 14 (2) 1988 No. 316 2 Dec 1988 R. 10: 26 Jan 1988 - R. 11: 4 Dec 1987 Remainder: 2 Dec 1988 345 21 Dec 1988 R. 3: 1 July 1988 - R. 5 (1): 22 Apr 1988 Rr. 5 (2), 8 (1) and 9-11: 1 Jan 1988 R. 16: 8 Feb 1988 Remainder: 21 Dec 1988 1988 No. 346 21 Dec 1988 1 Jan 1989 R. 22 347 21 Dec 1988 1 Jan 1989 - 1989 No. 119 21 June 1989 R. 2: 1 Jan 1989 - Remainder: 21 June 1989 402 21 Dec 1989 1 Jan 1990 - 403 21 Dec 1989 6 Jan 1989 - 404 21 Dec 1989 2 Jan 1990 - 1990 No. 442 21 Dec 1990 Rr. 3 (1), 6 (a), (b), 8 Rr. 27 (a)-(c), 9-11, 12 (a), and 28 13-17, 22 (b) and 25: 1 Jan 1990. Rr. 3 (2), 5, 19, 20, 23 and 24: 1 Jan 1991 R. 4: 19 Dec 1989 R. 6 (c), (d): 1 Jan 1989 R. 7: 1 Jan 1987 R. 8 (d): 1 Mar 1989 R. 12 (b): 15 Sept 1989 R. 26: 4 Dec 1989 Remainder: 21 Dec 1990 Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected R. 3 am. 1977 No. 219; 1978 No. 199; 1980 No. 29; 1982 No. 326;1983 No. 341;1984 No. 473; 1985 Nos. 354 and 373; 1986 No. 381; 1987 No. 305;1989 No. 402; 1990 No. 442 R. 4 rs. 1976 No. 121; 1977 No. 209 am. 1978 No. 199 rs. 1980 No. 271 am. 1982 No. 326; Act No. 80, 1988 rs. 1989 No. 403 R. 4A ad. 1987 No. 289 am. Act No. 80, 1988; 1988 No. 345 rep. 1989 No. 403 R. 5 am. 1977 No. 219; 1982 No. 326; 1984 No. 473; 1985 No. 373; 1986 No. 381; 1988 No. 346; 1989 No. 403; 1990 No. 442 R. 6 am. 1977 No. 219 rep. 1982 No. 326 ad. 1988 No. 316 am. 1988 No. 345; 1989 No. 404 rep. 1990 No. 442 R. 7 am. 1985 No. 354 rep. 1990 No. 442 Part II (rr. 8-12, 12A, rep. 1982 No. 326 13-28, 28A, 28B) R. 8 am. 1977 No. 219 rep. 1982 No. 326 R. 9 rep. 1982 No. 326 R. 10 am. 1974 No. 235 rep. 1982 No. 326 R. 11 rep. 1982 No. 326 R. 12 rs. 1974 No. 235 rep. 1982 No. 326 R. 12A ad. 1974 No. 235 rep. 1982 No. 326 Rr. 13, 14 rep. 1982 No. 326 R. 15 am. 1974 No. 235 rep. 1982 No. 326 Rr. 16-18 rs. 1974 No. 235 rep. 1982 No. 326 Rr. 19-22 rep. 1982 No. 326 R. 23 rs. 1974 No. 235 rep. 1982 No. 326 Rr. 24, 25 rep. 1982 No. 326 R. 26 am. 1974 No. 258; 1975 No. 203; 1976 No. 293 rep. 1982 No. 326 R. 27 am. 1974 No. 258; 1975 No. 203; 1976 Nos. 286 and 293 rep. 1982 No. 326 R. 28 rs. 1976 No. 286 am. 1977 No. 209 rep. 1982 No. 326 R. 28A ad. 1976 No. 286 am. 1977 No. 209 rep. 1982 No. 326 R. 28B ad. 1976 No. 286 rep. 1982 No. 326 Heading to Part III am. 1986 No. 381 rs. 1989 No. 403 rep. 1990 No. 442 Part III (29, 29AA, rep. 1990 No. 442 29A,30-32, 32A-32C, 33, 33A-33C, 34, 34A, 34C-34E, 35, 37, 37A, 38, 39, 41, 41A, 42, 42A-42C, 43, 43A, 43B, 43BA, 43BB, 43C, 44, 44A-44G, 45, 45A, 45B, 47, 47A, 48) Heading to Div. 1 of am. 1986 No. 381 Part III rs. 1988 No. 346 rep. 1990 No. 442 R. 29 rs. 1977 No. 219 am. 1978 Nos. 108, 199, 263, 264 and 265; 1979 No. 216; 1980 Nos. 29, 50 and 343; 1981 Nos. 62 and 341; 1982 No. 326; 1983 No. 341; 1984 Nos. 17 and 473; 1985 Nos. 35, 354 and 372; 1986 Nos. 381 and 382; 1987 Nos. 289, 304 and 305; 1988 Nos. 316, 345 and 346; 1989 Nos. 402, 403 and 404; 1990 No. 442 rep. 1990 No. 442 R. 29AA ad. 1988 No. 346 am. 1989 No. 402 rep. 1990 No. 442 R. 29A ad. 1986 No. 381 am. 1990 No. 442 rep. 1990 No. 442 R. 30 am. 1976 Nos. 292 and 293; 1977 No. 210 rep. 1977 No. 219 ad. 1984 No. 473 am. 1985 Nos. 372 and 373; 1986 No. 381; 1987 No. 305; 1988 Nos. 316 and 346; 1989 Nos. 402 and 404; 1990 No. 442 rep. 1990 No. 442 R. 30A ad. 1977 No. 147 rep. 1978 No. 199 R. 31 rs. 1976 No. 293 rep. 1978 No. 199 ad. 1988 No. 346 am. 1989 No. 402 rep. 1990 No. 442 Rr. 31A, 31B ad. 1988 No. 346 rep. 1989 No. 402 Heading to Div. 1A ad. 1988 No. 346 of Part III rs. 1989 No. 403 rep. 1990 No. 442 R. 32 am. 1977 No. 210; 1980 No. 14; 1983 No. 341; 1986 Nos. 381 and 38 rep. 1990 No. 442 R. 32A ad. 1978 No. 199 rep. 1990 No. 442 Rr. 32B ad. 1986 No. 381 rep. 1990 No. 442 Rr. 32C ad. 1986 No. 381 am. 1988 No. 346 rep. 1990 No. 442 R. 33 rs. 1976 No. 293 am. 1980 No. 29; 1985 No. 373 rs. 1986 No. 381 am. 1987 No. 304; 1990 No. 442 rep. 1990 No. 442 R. 33A ad. 1977 No. 210 rs. 1977 No. 219; 1986 No. 381 rep. 1990 No. 442 R. 33B ad. 1986 No. 381 rep. 1990 No. 442 R. 33C ad. 1988 No. 346 rs. 1990 No. 442 rep. 1990 No. 442 R. 34 am. 1974 No. 258; 1975 Nos. 136 and 219; 1976 Nos. 287 and 293; 1977 Nos. 210, 242 and 243; 1978 Nos. 199, 261, 263 and 264; 1979 Nos. 139 and 216; 1980 Nos. 14, 194 and 387; 1981 Nos. 61 and 386; 1982 No. 326; 1983 No. 341; 1984 Nos. 17 and 473; 1985 No. 354; 1986 No. 381; 1987 No. 305; 1989 Nos. 402 and 403 rep. 1990 No. 442 R. 34A ad. 1974 No. 258 am. 1975 No. 136; 1976 No. 287; 1977 No. 242; 1978 No. 200

rep. 1982 No. 326 ad. 1985 No. 354 am. 1986 No. 381; 1987 No. 305; 1988 No. 345 rep. 1990 No. 442 R. 34B ad. 1974 No. 258 am. 1977 No. 242; 1978 No. 199; 1982 No. 326; 1985 No. 354 rep. 1989 No. 402 R. 34C ad. 1974 No. 258 rep. 1978 No. 200 ad. 1985 No. 354 rep. 1990 No. 442 R. 34D ad. 1975 No. 136 am. 1976 No. 287; 1978 No. 264; 1979 No. 139 rep. 1985 No. 354 ad. 1986 No. 381 am. 1988 No. 346 rep. 1990 No. 442 R. 34E ad. 1986 No. 381 am. 1988 Nos. 345 and 346; 1989 No. 403; 1990 No. 442 rep. 1990 No. 442 R. 35 am. 1977 No. 219; 1986 No. 381 rep. 1990 No. 442 R. 36 rep. 1986 No. 381 R. 37 rs. 1976 No. 293 am. 1978 Nos. 199 and 265; 1985 No. 35 rs. 1986 No. 381 am. 1988 No. 346; 1990 No. 442 rep. 1990 No. 442 R. 37A ad. 1990 No. 442 rep. 1990 No. 442 R. 38 am. 1977 No. 219 rep. 1990 No. 442 R. 39 rs. 1985 No. 35 am. 1988 No. 316 rep. 1990 No. 442 Heading to Div. 2 am. 1986 No. 381 of Part III rs. 1989 No. 403 rep. 1990 No. 442 R. 40 rep. 1975 No. 219 R. 41 am. 1974 No. 258; 1975 Nos. 136, 203 and 219; 1976 Nos. 292 and 293; 1977 Nos. 219 and 242; 1978 No. 189; 1979 Nos. 216, 267 and 304; 1980 Nos. 343 and 388; 1981 Nos. 62, 341 and 386; 1982 No. 326; 1983 No. 341; 1984 Nos. 171 and 473; 1985 Nos. 372 and 373; 1986 Nos. 381 and 382; 1987 Nos. 304 and 305; 1988 Nos. 345 and 346; 1989 No. 402; 1990 No. 442 rep. 1990 No. 442 R. 41A ad. 1983 No. 341 rs. 1985 No. 372 am. 1986 No. 381; 1987 No. 305; 1989 No. 402 rep. 1990 No. 442 R. 41B ad. 1985 No. 372 rs. 1987 No. 305 rep. 1988 No. 346 R. 42 am. 1974 No. 258; 1975 Nos. 203 and 219; 1976 Nos. 286, 292 and 293; 1977 Nos. 210, 219 and 242; 1978 Nos. 108, 189, 263 and 264; 1979 Nos. 216 and 267; 1980 Nos. 50 and 343; 1981 No. 341; 1982 No. 326; 1983 No. 341; 1984 Nos. 171 and 473; 1985 Nos. 372 and 373; 1986 Nos. 381 and 382; 1987 Nos. 304 and 305; 1988 Nos. 345 and 346; 1989 No. 402; 1990 No. 442 rep. 1990 No. 442 R. 42A ad. 1985 No. 372 am. 1986 No. 381 and 382; 1987 No. 305; 1988 No. 345; 1989 No. 402 rep. 1990 No. 442 R. 42B ad. 1985 No. 372 rs. 1987 No. 305; 1988 No. 346 am. 1989 No. 402; 1990 No. 442 rep. 1990 No. 442 R. 42C ad. 1990 No. 442 rep. 1990 No. 442 R. 43 rep. 1976 No. 293 ad. 1986 No. 381 am. 1988 No. 346 rep. 1990 No. 442 R. 43A ad. 1976 No. 292 rs. 1977 No. 211 am. 1980 No. 29; 1983 No. 341 rs. 1986 No. 381 rep. 1990 No. 442 R. 43B ad. 1976 No. 292 rs. 1977 No. 211 am. 1978 No. 189; 1983 No. 341 rs. 1986 No. 381 rep. 1990 No. 442 R. 43BA ad. 1987 No. 288 rep. 1990 No. 442 R. 43BB ad. 1989 No. 402 rep. 1990 No. 442 R. 43C ad. 1976 No. 293 rep. 1979 No. 268 ad. 1986 No. 381 rep. 1990 No. 442 R. 44 rs. 1976 No. 293 am. 1977 No. 242; 1978 No. 199; 1980 No. 15; 1981 No. 23 rs. 1983 No. 341 am. 1986 No. 381; 1987 No. 305 rep. 1990 No. 442 R. 44A ad. 1983 No. 341 rs. 1986 No. 381 am. 1989 No. 403 rep. 1990 No. 442 Rr. 44B-44E ad. 1983 No. 341 am. 1986 No. 381 rep. 1990 No. 442 R. 44F ad. 1986 No. 381 rep. 1990 No. 442 R. 44G ad. 1986 No. 381 am. 1988 No. 345 rep. 1990 No. 442 R. 45 am. 1974 No. 258 rep. 1976 No. 293 ad. 1977 No. 242 am. 1978 No. 262; 1981 No. 386; 1983 No. 341 rs. 1985 No. 35 rep. 1990 No. 442 R. 45A ad. 1977 No. 242 am. 1983 No. 341 rs. 1985 No. 35 am. 1988 No. 345 rep. 1990 No. 442 R. 45B ad. 1977 No. 242 am. 1978 Nos. 262 and 265; 1979 No. 216; 1981 No. 386; 1983 No. 341 rep. 1990 No. 442 rs. 1985 No. 35 am. 1988 No. 345 rep. 1990 No. 442 R. 45BA ad. 1978 No. 262 am. 1979 No. 216; 1983 No. 341 rep. 1985 No. 35 R. 45C ad. 1977 No. 242 am. 1978 No. 265; 1983 No. 341 rep. 1986 No. 381 R. 46 rs. 1976 No. 286 am. 1977 No. 209; 1981 No. 62; 1983 No. 341 rep. 1985 No. 372 R. 46A ad. 1976 No. 286 am. 1977 Nos. 209 and 242; 1981 No. 62; 1983 No. 341 rep. 1985 No. 372 R. 46B ad. 1976 No. 286 rep. 1985 No. 372 R. 47 am. 1975 Nos. 136 and 219; 1976 No. 287; 1977 No. 210 rs. 1984 No. 473 am. 1985 No. 373; 1986 No. 381; 1987 No. 305 rep. 1990 No. 442 R. 47A ad. 1980 No. 29 rs. 1985 No. 373 rep. 1990 No. 442 R. 48 am. 1977 No. 210; 1985 Nos. 354 and 373 rs. 1986 No. 381 rep. 1990 No. 442 R. 49 am. 1979 No. 268; 1982 No. 326; 1984 No. 473; 1986 No. 381; 1989 No. 403; 1990 No. 442 R. 50 am. 1982 No. 326; 1984 No. 473 rs. 1990 No. 442 R. 50A ad. 1978 No. 199 am. 1983 No. 171 rep. 1990 No. 442 R. 51 am. 1976 No. 293; 1977 No. 209; 1983 No. 171; 1984 No. 171; 1988 No. 347 R. 52 am. 1989 No. 402 rep. 1990 No. 442 R. 53 rep. 1989 No. 402 R. 54 am. 1983 No. 341 rep. 1989 No. 402 R. 55 rep. 1990 No. 442 R. 56 rep. 1989 No. 402 R. 57 am. 1974 No. 258; 1984 No. 473; 1986 No. 381 R. 58 am. 1974 No. 258 R. 60 am. 1974 No. 258 R. 61 am. 1977 No. 209; 1980 No. 366 R. 64 rs. 1974 No. 258 am. 1984 No. 473 R. 66 rs. 1974 No. 235 R. 66A ad. 1976 No. 293 R. 67 am. 1977 No. 219 R. 67A ad. 1974 No. 258 am. 1975 No. 136; 1984 No. 473 R. 67B ad. 1974 No. 258 rs. 1984 No. 473 R. 68 am. 1974 No. 258; 1986 No. 381 R. 69 rs. 1975 No. 219 rep. 1982 No. 326 R. 70 am. 1974 No. 258; 1975 No. 203; 1976 No. 293; 1977 Nos. 209 and 219; 1978 No. 260; 1979 No. 304; 1980 Nos. 50, 343 and 388; 1982 No. 326; 1983 No. 341; 1984 Nos. 171 and 473; 1985 No. 372; 1986 No. 381; 1987 No. 305; 1988 No. 347; 1989 No. 402 R. 71 am. 1978 No. 260 rs. 1989 No. 402 R. 71A ad. 1986 No. 381 rep. 1990 No. 442 R. 72 rs. 1974 No. 258 am. 1975 Nos. 136 and 219; 1976 No. 293; 1977 Nos. 209 and 211; 1984 No. 473; 1990 No. 442 R. 73 am. 1975 No. 219; 1976 No. 293 rs. 1978 No. 260 am. 1989 No. 402 R. 74 am. 1975 No. 219; 1976 No. 287; 1984 Nos. 171 and 473; 1986 No. 381 R. 75A ad. 1978 No. 260 am. 1979 No. 139; 1984 No. 473 Heading to Part V am. 1985 No. 373 R. 75AA ad. 1985 No. 373 R. 75AAA ad. 1990 No. 442 R. 76 am. 1985 No. 373 R R. 77, 78 am. 1984 No. 171; 1985 No. 373 R. 79 am. 1984 No. 171 rep. 1985 No. 373 R. 80 am. 1985 No. 373; 1988 No. 316 R. 81 am. 1974 No. 235 rep. 1978 No. 264 ad. 1988 No. 345 R. 82 am. 1974 No. 235 rep. 1978 No. 264 R. 83 rep. 1978 No. 264 R. 84 rep. 1982 No. 326 R. 85 am. 1975 No. 219; 1976 Nos. 292 and 293; 1977 No. 210; 1979 No. 304; 1980 No. 271; 1981 No. 117; 1982 No. 326; 1986 No. 381; 1987 No. 305; 1988 Nos. 316, 345 and 346; 1989 No. 404 rep. 1990 No. 442 R. 86 am. 1974 No. 258; 1978 No. 263; 1979 No. 304; 1988 No. 316; 1989 No. 404 R. 86A ad. 1989 No. 404 R. 87 am. 1977 No. 210; 1984 No. 171 rs. 1984 No. 473 R. 88 am. 1982 No. 326 rep. 1984 No. 473 R R. 89, 90 rep. 1982 No. 326 R. 91 am. 1984 No. 171 R. 92 ad. 1974 No. 235 am. 1984 No. 171 R. 93 ad. 1977 No. 242 R. 94 ad. 1986 No. 382 Schedule 1 rs. 1975 No. 136 am. 1976 No. 92 rs. 1976 No. 293 am. 1979 No. 216; 1980 Nos. 14 and 271; 1983 No. 341; 1986 No. 381; 1987 No. 305; 1988 Nos. 316 and 345 rep. 1989 No. 403 Schedule 2 rep. 1982 No. 326 Heading to Schedule 3 am. 1985 No. 354 Schedule 3 am. 1974 No. 258 rs. 1975 No. 136; 1976 Nos. 92 and 293 am. 1978 No. 148; 1979 No. 268 rs. 1980 No. 365 am. 1980 No. 387; 1982 No. 326; 1983 No. 341; 1984 No. 473; 1985 No. 372; 1986 No. 381; 1987 No. 305 rs. 1988 No. 346; 1989 No. 119 Schedule 3A ad. 1986 No. 381 am. 1987 No. 304 rs. 1987 No. 305 am. 1990 No. 442 Schedule 3B ad. 1988 No. 346 Schedule 5 am. 1975 No. 136; 1985 No. 373 Schedule 6 ad. 1974 No. 258 rep. 1982 No. 326 ad. 1984 No. 473 am. 1985 No. 372; 1986 No. 381; 1987 No. 304; 1988 No. 316 rs. 1990 No. 442 Schedule 7 ad. 1974 No. 258 rep. 1982 No. 32

STUDENT ASSISTANCE REGULATIONS - TABLE OF PROVISIONS 
TABLE

                                TABLE OF PROVISIONS
     Regulation
                          PART I - PRELIMINARY
    1.      Citation
    2.      Commencement
    3.      Interpretation - general
    4.      Meaning of "higher education institution"
    5.      Meaning of "permanent resident"
                     PART IV - POST-GRADUATE AWARDS
               Division 1 - Grant of Post-graduate Awards
    49.     Interpretation - Part IV
    50.     No further applications for Post-graduate Awards
    51.     Eligibility
    57.     Approval required for overseas study
    58.     Suspension of Award during research work out of
            Australia
    59.     Termination on account of unauthorised absence from
            Australia
    60.     Suspension arising out of illness etc.
    61.     Suspension during temporary discontinuation
    62.     Lapsing of suspension
    63.     Termination of Awards suspended on account of illness
            etc. or temporary discontinuation
    64.     Termination for failure to commence course
    65.     Termination for non-commencement
    66.     Termination for unsatisfactory progress
    66A.    Termination on account of ineligibility
    67.     Termination on account of discontinuation
    67A.    Termination on account of employment
    67B.    Expiry of Award upon completion of course
    68.     Expiry of Award by effluxion of time
            Division 2 - Benefit under Post-graduate Awards
    70.     Living allowance
    71.     Incidentals allowance
    72.     Thesis allowance
    73.     Establishment allowance
    74.     Travelling allowance
    75.     Prescribed reasons for transfer
    75A.    Claims for allowances
                PART V - STUDENT ASSISTANCE REVIEW TRIBUNAL
    75AA    Interpretation - Part V
    75AA    Application
    76.     Summons to witness
    77.     Allowances to witnesses
    78.     Tribunal may take evidence
    80.     Disobedience to summons etc.
    81.     Notice under paragraph 25A (3) (c) of the Act
                        PART VI - MISCELLANEOUS
    86.     Notice to be given of certain matters in relation to the
            holder of Awards
    86A.    Manner of notifying prescribed events
    87.     Information or evidence to be furnished to authorised
            persons
    91.     Furnishing of false information
    92.     Decision of authorised person in relation to events or
            circumstances
    93.     Date of receipt of documents
    94.     Certain information in writing to be evidence
                              SCHEDULE 3
            EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS
           TECHNICAL AND FURTHER EDUCATION INSTITUTIONS FOR THE
                          PURPOSES OF THE ACT
                              SCHEDULE 3A
                                PENSIONS
                              SCHEDULE 3B
                            SPECIAL COURSES
                              SCHEDULE 4
                  STUDENT ASSISTANCE REVIEW TRIBUNAL
                              SCHEDULE 5
            WITNESSES' ALLOWANCES FOR TRAVELLING AND OTHER
                               EXPENSES
                              SCHEDULE 6
                          RATES OF ALLOWANCE

STUDENT ASSISTANCE REGULATIONS 
- PART I 
 PART I - PRELIMINARY

STUDENT ASSISTANCE REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Student Assistance Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STUDENT ASSISTANCE REGULATIONS - REG 2
Commencement

2. These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STUDENT ASSISTANCE REGULATIONS - REG 3
Interpretation - general

3. (1) In these Regulations, unless the contrary intention appears: "accrediting authority" means an authority responsible, or principally responsible, before or after the commencement of the Act for the accreditation of advanced education courses in a State or Territory; "brother", in relation to a person, means a male person who is a child of a parent of the first-mentioned person; "child" in relation to a person, means a person who: (a) has not attained the age of 16 years; or (b) has attained the age of 16 years and: (i) is undertaking, as a full-time student, a course of study or instruction; and (ii) is not a party to a training agreement; and (iii) is not to be taken to be of independent status under regulation 30; and: (d) is wholly or substantially dependent on the person; "cohabitant", in relation to a person, means a person who lives with the person as his wife or her husband on a permanent domestic basis although not his or her spouse; "entry permit" means an entry permit, not being a temporary entry permit, issued under section 6 of the Migration Act 1958 that is in force; "Income Tax Assessment Act" means the Income Tax Assessment Act 1936; "parent", in relation to a person, means: (a) in the case of a person, other than a person referred to in paragraph (b) or (c): (i) a natural parent of the person; or (ii) if the person has been legally adopted, an adoptive parent of the person; and (b) in the case of a person, other than a person referred to in paragraph (c), whose natural or adoptive parents are divorced or live separately and apart - the natural or adoptive parent: (i) with whom the person normally resides; or (ii) if the person does not normally reside with either of his or her natural or adoptive parents: (A) the natural or adoptive parent on whom the person is wholly or substantially dependent; or (B) if the person is not wholly or substantially dependent upon either of his or her natural or adoptive parents, the natural or adoptive parent upon whom he or she was last wholly or substantially dependent; or a spouse or cohabitant of the parent on whom the person is wholly or substantially dependent; and (c) in the case of a person who is wholly or substantially dependent on a person who is not: (i) his or her natural or adoptive parent; or (ii) the spouse or cohabitant of the natural or adoptive parent of the person; a person on whom he or she is so dependent; "Secretary" means the Secretary to the Department; "sister", in relation to a person, means a female person who is a child of a parent of the first-mentioned person; "Social Security Act" means the Social Security Act 1947; "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 (b) those persons have been living together on that basis for a continuous period of 24 months; "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; "student assistance" means assistance under the Act under a Post-graduate Award; "temporary entry permit" means a temporary entry permit granted under section 6 of the Migration Act 1958 that is in force; "the Act" means the Student Assistance Act 1973; "training agreement" means an agreement or arrangement under which a person is to pursue a course of study or both a course of study and a course of training and: (a) an amount is to be paid to another person in the event of the person failing to pursue the course of study or both the course of study and the course of training; or (b) the person is to remain in or engage in employment as set out in the agreement or arrangement, whether or not an amount is to be paid to another person in the event of the person failing to remain in or engage in employment as so set out; and includes an agreement or arrangement that has, either directly or indirectly, a like purpose or effect; "unmarried", in relation to a person, includes a person who has previously been married and a person who is married but is living separately and apart from the person's husband or wife, as the case may be; "year" means a period of 12 months commencing on a first day of January.

(2) For the purposes of these Regulations, the husband or wife of a person is not to be taken to be a spouse of the person while he or she lives separately and apart from the person.

(3) For the purposes of these Regulations, the fact that a person is living with his or her natural or adoptive parent is evidence that the person is wholly or substantially dependent on a spouse or cohabitant of that parent.

STUDENT ASSISTANCE REGULATIONS - REG 4
Meaning of "higher education institution"

4. For the purposes of the definition of "higher education institution" in subsection 5 (1) of the Act, each educational institution that is referred to in subsection 34 (4) of the Higher Education Funding Act 1988 and the Marcus Oldham College of Farm Management is to be treated as a higher education institution for the purposes of the Act.

STUDENT ASSISTANCE REGULATIONS - REG 5
Meaning of "permanent resident"

5. For the purposes of the definition of "permanent resident of Australia" in section 5 of the Act, each of the following persons is to be treated, for the purposes of the Act, as permanently resident in Australia: (a) persons who are permanent residents within the meaning of subsection 58 (2) of the Migration Act 1958, other than persons who are permanent residents within the meaning of that Act only because subsection 8 (1) of that Act applies to them; (b) persons specified in paragraph 106 (2) (a) or (b) of that Act who have settled permanently in Australia.

STUDENT ASSISTANCE REGULATIONS - PART IV 
 PART IV - POST-GRADUATE AWARDS

STUDENT ASSISTANCE REGULATIONS - DIVISION 1 
 Division 1 - Grant of Post-graduate Awards

STUDENT ASSISTANCE REGULATIONS - REG 49
Interpretation - Part IV

49. (1) In this Part, unless the contrary intention appears: "Advanced Education Institution Award" means an Award in respect of a post-graduate course at a higher education institution; "applicant" means an applicant for the grant of an Award under Part 3 of the Act; "Australia", when used in a geographical sense, includes an external Territory; "Award" means a Post-graduate Award granted under the Act; "Course Award" means an Award in respect of a post-graduate course at a higher education institution, other than a Research Award; "holder" means a person to whom the grant of a Post-graduate Award has been approved under section 8 of the Act; "post-graduate course" means a post-graduate course of study, instruction or research approved by the Minister for the purposes of section 14 of the Act; "Research Award" means an Award in respect of a post-graduate course of research at a higher education institution.

(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.

STUDENT ASSISTANCE REGULATIONS - REG 50
No further applications for Post-graduate Awards

50. No application may be made for the grant of an Award in respect of 1991 or a subsequent year.

STUDENT ASSISTANCE REGULATIONS - REG 51
Eligibility

51. (1) A person who is in receipt of educational assistance granted by Australia or by any authority of Australia, being educational assistance that is similar to benefit under an Award, in respect of a period is not eligible for an Award in that period.

(2) In subregulation (1), "educational assistance" means any benefit or assistance granted or awarded under a scholarship, bursary or like award other than benefit under student assistance.

(2A) In subregulation (1), "authority of Australia" does not include a university or advanced education institution established under a law of Australia.

(3) A person who has completed, whether in Australia or elsewhere, a post-graduate course, or a course that is equivalent to a post-graduate course, for the award of the degree of Doctor is not eligible for an Award.

(4) A person who has completed, whether in Australia or elsewhere, a post-graduate course, or a course that is equivalent to a post-graduate course, for the award of the degree of Master is not eligible for an Award otherwise than in respect of a post-graduate course for the degree of Doctor.

(5) Subject to subregulation (6), a person who has been the holder of a Commonwealth Post-graduate Award, or an Award, is not eligible for an Award unless the first-mentioned award was terminated before the first day of April in the year in which the person commenced to undertake the course in respect of which that first-mentioned award was granted, or within the period of 2 months from the date on which the first-mentioned award was granted, whichever last occurred.

(6) Where a person who has been the holder of a Commonwealth Post-graduate Award in respect of a course other than a course of research, or an Award other than a Research Award, has shown outstanding ability in research during the period in which he held that award and has been selected by a university to undertake a post-graduate course of research for the degree of Doctor, subregulation (5) does not apply in relation to him.

STUDENT ASSISTANCE REGULATIONS - REG 57
Approval required for overseas study

57. (1) The holder of a Research Award or an Advanced Education Institution Award in respect of a post-graduate course of research who proposes to undertake, as part of that course, full-time research out of Australia may apply to an authorized person for approval to be absent from Australia for that purpose for 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 - not exceeding 18 months; or (b) in any other case - not exceeding 12 months.

(2) Subject to subregulations (3), (4), (4A), (4B) and (6), an authorized person to whom an application is made under subregulation (1) by a holder shall approve of the absence of the holder from Australia for the period specified in the application.

(3) An authorized person shall not approve the proposed period of absence to which an application under subregulation (1) relates unless the holder: (a) includes in his application a statement in writing under his hand that it is his intention that, if his application is granted, he shall have returned to Australia at the expiration of the proposed period of absence to which his application relates; and (b) furnishes with his application a certificate under the hand of the registrar, secretary or equivalent officer of the university or advanced education institution at which the holder is undertaking his post-graduate course, certifying: (i) that the research work that the holder proposes to undertake out of Australia is a necessary and integral part of the holder's research program in his post-graduate course; (ii) that arrangements have been made by, or to the satisfaction of, the university or advanced education institution for the supervision of that research work; (iii) that the holder will, while engaged in that research work, continue to be enrolled as a full-time student at that university or advanced education institution in respect of his post-graduate course; and (iv) that the research work will be credited towards the holder's degree.

(4) Where the holder of an Award in respect of a post-graduate course makes an application under subregulation (1) for approval to be absent from Australia for a specified period for the purpose of undertaking research, other than research to which subregulation (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 subregulation (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 subregulation (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 subregulation (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) Subregulations (4) and (4A) do not apply to an application under subregulation (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) Subregulations (4), (4A) and (4B) do not apply to an application under subregulation (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.

(6) An authorized person shall not approve a proposed period of absence to which an application under subregulation (1) relates where the period calculated by adding the proposed period of absence to any period of absence in respect to which approval has previously been granted to the holder under subregulation (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.

(7) Subject to the succeeding subregulations of this regulation, where a holder to whom approval has been granted under subregulation (2) in respect of a period of absence from Australia has not, at the expiration of that period, returned to Australia, his Award is, upon the expiration of that period, suspended until he has returned to Australia.

(8) Where a holder whose Award has been suspended under subregulation (7) has not, at the expiration of the period of 3 months from the expiration of the period in respect of which approval was granted under subregulation (2), returned to Australia, his Award terminates upon the expiration of that period of 3 months.

(9) Where a holder to whom approval has been granted under subregulation (2) in respect of a period of absence from Australia ceases, by reason of his illness or other circumstances beyond his control, to undertake research work during the period in respect of which approval has been given under subregulation (2), his Award is suspended until: (a) the holder resumes his research work; or (b) the expiration of the period of 6 months from the day on which the Award is so suspended; whichever first occurs.

(10) For the purposes of subregulations (7) and (8), where an Award is suspended under subregulation (9), the period in respect of which approval of the absence of the holder of that Award has been granted under subregulation (2) shall, notwithstanding anything to the contrary in subregulations (1) and (2), be deemed to be the sum of that period and the period equal to the period of the suspension.

(11) Where the Award of a holder to whom approval has been granted under subregulation (2) in respect of a period of absence from Australia is suspended under subregulation 58 (2) immediately upon the expiration of the period of absence, subregulation (7) does not apply to the holder in relation to the period of absence.

STUDENT ASSISTANCE REGULATIONS - REG 58
Suspension of Award during research work out of Australia

58. (1) The holder of a Research Award, or an Advanced Education Institution Award in respect of a post-graduate course of research, who proposes to undertake as part of his studies in his post-graduate course, research work out of Australia during a period in respect of which the holder may not be granted approval under subregulation 57 (2) may apply to an authorized person for the suspension of his Award during a specified period not exceeding 12 months.

(2) Subject to subregulation (3), an authorized person to whom an application is made under subregulation (1) by a holder shall suspend the Award of the holder for the period specified in the application.

(3) An authorized person shall not approve an application under subregulation (1) where the period calculated by adding the proposed period of suspension to any previous periods of suspension approved under subregulation (2) exceeds 12 months.

(4) Subject to the succeeding subregulations of this regulation, where a holder whose Award has been suspended under subregulation (2) has not, at the expiration of the period of the suspension, returned to Australia, his Award is, upon the expiration of that period, suspended until he has returned to Australia.

(5) Where a holder whose Award has been suspended under subregulation (4) has not, at the expiration of the period of 3 months from the expiration of the period of the suspension under subregulation (2), returned to Australia, his Award terminates upon the expiration of that period of 3 months.

(6) Where a holder whose Award has been suspended under subregulation (2) ceases, by reason of his illness or other circumstances beyond his control, to undertake research work during the period of the suspension under subregulation (2), the period of the suspension shall, notwithstanding anything to the contrary in subregulations (1) and (2), be extended by, and for the purposes of subregulations (4) and (5) be deemed to include: (a) the period equal to the period during which the holder is unable, by reason of that illness or those other circumstances, to undertake his research work; or (b) the period of 6 months; whichever period is the shorter.

STUDENT ASSISTANCE REGULATIONS - REG 59 
Termination on account of unauthorised absence from Australia 


  59. (1) Subject to subregulation (2), where a holder departs from Australia
for the purpose of undertaking research work outside Australia as part of his
studies in his post-graduate course, his Award terminates upon his departure
from Australia.
  (2) Subregulation (1) does not apply to a holder:
  (a) in respect of whose proposed period of absence from Australia the
approval of an authorized person has been granted under subregulation 57 (2);
or
  (b) whose Award is suspended under subregulation 58 (2).

STUDENT ASSISTANCE REGULATIONS - REG 60
Suspension arising out of illness etc.

60. (1) A holder (not being a holder who is absent from Australia) who, by reason of his illness or other circumstances beyond his control (including the unavailability of research facilities), is temporarily unable to continue his studies as a full-time student in his post-graduate course may apply to an authorized person for the suspension of his Award for a specified period not exceeding 2 years.

(2) An authorized person to whom an application is made under subregulation (1) by a holder shall suspend the holder's Award for the period specified in the application.

(3) In subregulation (1), "year" means a period of 12 months.

STUDENT ASSISTANCE REGULATIONS - REG 61
Suspension during temporary discontinuation

61. (1) Subject to subregulation (1A), a holder who desires to discontinue temporarily his studies as a full-time student in his post-graduate course may apply to an authorized person for the suspension of his Award for a specified period not exceeding 12 months.

(1A) Subregulation (1) does not apply to the holder of a Research Award, or an Advanced Education Institution Award in respect of a post-graduate course of research, who wishes to apply for the suspension of his Award in order to undertake, as part of his studies in his post-graduate course, research work outside Australia.

(2) Subject to subregulation (3), an authorized person to whom an application is made under subregulation (1) by a holder shall suspend the holder's Award for the period specified in the application.

(3) An authorized person shall not suspend an Award under subregulation (2) where the period calculated by adding the proposed period of suspension to any previous period of suspension under subregulation (2) exceeds 12 months.

STUDENT ASSISTANCE REGULATIONS - REG 62
Lapsing of suspension

62. Where a holder whose Award has been suspended under regulation 60 or 61 recommences, prior to the expiration of the period of the suspension, his post-graduate course as a full-time student, the suspension thereupon lapses.

STUDENT ASSISTANCE REGULATIONS - REG 63
Termination of Awards suspended on account of illness etc.
or temporary discontinuation

63. Where a holder whose Award has been suspended under regulation 60 or 61 fails to recommence, at the expiration of the period of the suspension, his post-graduate course as a full-time student, his Award thereupon terminates.

STUDENT ASSISTANCE REGULATIONS - REG 64
Termination for failure to commence course

64. (1) Where the holder of: (a) a Research Award; or (b) an Advanced Education Institution Award in respect of a post-graduate course of research; does not commence to undertake his post-graduate course as a full-time student: (c) if, for a prescribed reason, he was prevented from commencing his course before the first day of April in the year, or in the first year, of the Award - before the first day of July in that year; or (d) in any other case - before the first day of April in the year, or in the first year, of the Award; his Award thereupon terminates.

(2) Where the holder of: (a) a Course Award; or (b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research; in respect of a post-graduate course that consists of term studies or a post-graduate course that consists of semester studies (not being a course having second semester entry) does not commence to undertake his post-graduate course as a full-time student: (c) if, for a prescribed reason, he was prevented from commencing his course at the commencement of the academic year applicable to him in the year, or in the first year, of the Award - before the first day of April in that year; or (d) in any other case - at the commencement of the academic year applicable to the holder in the year, or in the first year, of the Award; his Award thereupon terminates.

(3) Where the holder of: (a) a Course Award; or (b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research; in respect of a post-graduate course that consists of semester studies (being a course having second semester entry) does not commence to undertake his post-graduate course as a full-time student: (c) if, for a prescribed reason, he was prevented from commencing his course at the commencement of the first semester applicable to him in the year, or in the first year, of the Award but was not so prevented from commencing his course on a day before the first day of April in that year - before the first day of April in that year; (d) if, for a prescribed reason, he was prevented from commencing his course before the first day of April in the year, or in the first year, of the Award but was not so prevented from commencing his course at the commencement of the second semester applicable to him in that year - at the commencement of the second semester applicable to him in that year; (e) if, for a prescribed reason, he was prevented from commencing his course before the first day of April in the year, or in the first year, of the Award and was prevented, for a prescribed reason, other than a prescribed reason specified in paragraph (4) (a), (b), (c), (d) or (e), from commencing his course at the commencement of the second semester applicable to him in that year - before the fifteenth day of August in that year; or (f) in any other case - at the commencement of the first semester applicable to him in the year, or in the first year, of the Award; his Award thereupon terminates.

(4) For the purposes of subregulations (1), (2) and (3), each of the following reasons is a prescribed reason: (a) the late approval of the grant of the holder's Award; (b) the holder's obligation to give reasonable notice of termination of his employment; (c) the holder's inability to obtain leave of absence from his employment; (d) the holder's professional or business commitments; (e) the inability of the university or advanced education institution at which the holder was to undertake his post-graduate course to provide facilities or supervision for his course; and (f) illness of the holder or other circumstances beyond the control of the holder.

STUDENT ASSISTANCE REGULATIONS - REG 65
Termination for non-commencement

65. Where a holder notifies an authorized person that he does not propose to commence to undertake a post-graduate course of the kind in respect of which his Award has been granted, his Award thereupon terminates.

STUDENT ASSISTANCE REGULATIONS - REG 66
Termination for unsatisfactory progress

66. (1) Subject to subregulation (2), where a holder's progress in his post-graduate course is unsatisfactory, an authorized person shall terminate the holder's Award.

(2) An authorized person shall not terminate an Award under subregulation (1) if: (a) the Award is suspended under these Regulations; or (b) the unsatisfactory progress of the holder is due principally to the illness of the holder or other circumstances beyond the control of the holder.

STUDENT ASSISTANCE REGULATIONS - REG 66A
Termination on account of ineligibility

66A. Where: (a) a person is the holder of an Award; and (b) the person would, under these Regulations, cease on a day to be eligible for the Award if the person were on that day an applicant for the Award; the Award terminates on that day.

STUDENT ASSISTANCE REGULATIONS - REG 67
Termination on account of discontinuation

67. (1) Subject to subregulations (2) and (3), where the holder of an Award discontinues his post-graduate course at a university or advanced education institution, or ceases to undertake that course as a full-time student, his Award thereupon terminates.

(2) Subregulation (1) does not apply to absence on leave for recreation: (a) in the case of the holder of a Research Award or of an Advanced Education Institution Award in respect of a post-graduate course of research: (i) if he is enrolled in a post-graduate course for the award of the degree of Master or if he is the holder of an Advanced Education Institution Award in respect of a post-graduate course of research - for a continuous period of 28 days during the period that commences on the second day of December in the year in which he commences his post-graduate course and ends upon the expiration of the period of 3 months from the anniversary of the date on which he commences that course; or (ii) if he is enrolled in a post-graduate course for the award of the degree of Doctor - for each of 2 periods of 28 days, occurring at least 12 months apart, during the period of 3 years (not including any period of suspension) after he commences his post-graduate course and for any period of, or for periods totalling, 7 days in each successive period (if any) of 3 months (not including any period of suspension) after the expiration of that period of 3 years; or (b) in the case of the holder of any other Award - during the summer vacation applicable to students who are undertaking, at the university or advanced education institution at which the holder is undertaking his post-graduate course, the course that the holder is undertaking.

(3) Subregulation (1) does not apply to an absence of, or a temporary discontinuation of a post-graduate course by, a holder in respect of which the holder's Award is suspended under these Regulations.

(4) In subparagraph (2) (a) (ii), "year" means a period of 12 months.

STUDENT ASSISTANCE REGULATIONS - REG 67A
Termination on account of employment

67A. (1) Where: (a) in the year, or in the first year, of an Award, the holder of the Award engages in employment, or undertakes business on his own account, whether or not for fee or reward: (i) in the case of a holder, other than a holder referred to in subparagraph (iii), who commences to undertake his course before the first day of July in that year - for periods exceeding in the aggregate 180 hours; (ii) in the case of a holder who commences to undertake his course on or after the first day of July in that year - for periods exceeding in the aggregate 90 hours; or (iii) in the case of a holder who ceases to undertake his course before the first day of July in that year - for periods exceeding in the aggregate 90 hours; or (b) in a subsequent year of an Award the holder of the Award engages in employment, or undertakes business on his own account, whether or not for fee or reward: (i) in the case of a holder other than a holder referred to in subparagraph (ii) - for periods exceeding in the aggregate 180 hours; or (ii) in the case of a holder who ceases to undertake his course before the first day of July in that year - for periods exceeding in the aggregate 90 hours; his Award thereupon terminates.

(2) For the purposes of subregulation (1), employment engaged in, or business undertaken, by a holder: (a) prior to the commencement, or subsequent to the completion, of his post-graduate course; (b) during a period in which his Award was suspended; or (c) during a period of absence of the holder on leave for recreation referred to in subregulation 67 (2); shall be disregarded.

STUDENT ASSISTANCE REGULATIONS - REG 67B
Expiry of Award upon completion of course

67B. (1) Unless sooner terminated under these Regulations, an Award other than an Award referred to in subregulation (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.

STUDENT ASSISTANCE REGULATIONS - REG 68
Expiry of Award by effluxion of time

68. (1) Subject to subregulation (2), an Award, unless it sooner expires, or is sooner terminated, under these Regulations, expires: (a) in the case of an Award in respect of a post-graduate course leading to the degree of Doctor: (i) if the condition specified in subregulation (4) is fulfilled in relation to the holder - upon the expiration of the period of 4 years (not including any period of suspension) after the holder commences the course; or (ii) in any other case - upon the expiration of the period of 3 years (not including any period of suspension) after the holder commences the course; and (b) in the case of an award to undertake a post-graduate course leading to the degree of Master - upon the expiration of the period of 2 years (not including any period of suspension) after the holder commences to undertake the course.

(2) Where the holder of an Award who is undertaking a post-graduate course leading to the degree of Doctor has previously held an Award, or a Commonwealth Post-graduate Award, to undertake a post-graduate course leading to the degree of Master, the first-mentioned award shall, unless sooner terminated under these Regulations, expire upon the expiration of the prescribed period (not including any period of suspension) after he commences to undertake that first-mentioned course.

(3) For the purposes of subregulation (2), the prescribed period, in relation to the holder of an Award, is the period ascertained by deducting from: (a) if the condition specified in subregulation (4) is fulfilled in relation to him - the period of 4 years; or (b) in any other case - the period of 3 years; the period (not including any period of suspension) after the holder commences the post-graduate course leading to the degree of Master.

(4) The condition referred to in subparagraph (1) (a) (i) and in paragraph (3) (a) is that the registrar, secretary or equivalent officer of the university at which the holder of the Award is undertaking his post-graduate course has certified that the holder has progressed satisfactorily, and applied himself to the work of his course satisfactorily, throughout his course and that he cannot complete the research that he is undertaking unless he continues the research beyond the period of 3 years.

(4A) For the purposes of calculating for the purposes of this regulation the duration of the period during which a holder of an Award has undertaken the post-graduate course for which the Award was granted, where the holder has undertaken during a period before the grant of the Award any part of the course as a part-time student, the holder shall be regarded as having undertaken during that period not that period of study but the corresponding period of full-time study.

(4B) For the purposes of subregulation (4A), in respect of a period during which a holder of an Award has undertaken at a tertiary education institution as a part-time student the post-graduate course for which the Award was granted, the corresponding period of full-time study is the amount of work of the course that the institution considers that the holder undertook during that period of part-time study, being an amount expressed as years, a year or part of a year of full-time study, as the case requires.

(4C) In this regulation, a student of a post-graduate course at a tertiary education institution is a part-time student of the course during any period of study during which the student was considered by that institution not to be a full-time student of the course.

(5) In this regulation, "year" means a period of 12 months.

STUDENT ASSISTANCE REGULATIONS - DIVISION 2 
 Division 2 - Benefit under Post-graduate Awards

STUDENT ASSISTANCE REGULATIONS - REG 70
Living allowance

70. (1) Where: (a) a holder has: (i) a spouse who is dependent on the holder; or (ii) a spouse and a child or children, each of whom is dependent on the holder; and (b) the spouse of the holder is not in receipt of income: (i) consisting of living allowance by way of educational assistance; (ii) consisting of any amount paid under the Social Security Act (other than family allowance paid under Part X of that Act) or the Veterans' Entitlements Act 1986; or (iii) from other sources, at a rate exceeding $30 per week; this subregulation applies to the holder.

(2) For the purposes of subregulations (3) and (5), the maximum allowance in respect of a holder, or in respect of a holder and the dependants of the holder, is: (a) if subregulation (1) applies to the holder - $13,227.40; (d) if subregulation (1) does not apply to the holder and the holder is unmarried and is paying maintenance for the support of a child or children of the holder or for the support of the spouse, or a former spouse, of the holder and a child or children of the holder, not in either case being a child, or children, by reason of whom the rate of the living allowance payable in respect of a grantee and the dependants of that grantee has been increased by virtue of subregulation 41 (6) or in respect of whom the maximum living allowance payable in respect of a holder and the dependants of that holder includes by virtue of paragraph (c) an amount calculated for each dependent child of that holder: (i) in the case of a holder who is paying maintenance in respect only of a child or children of the holder - the amount ascertained in accordance with the formula: A + B where: A is $10,903; and B is an amount calculated on the basis of $884 for each child in respect of whom maintenance is being paid or the amount at the annual rate of which maintenance is payable in respect of the child or children, whichever amount is the less; or (ii) in the case of a holder who is paying maintenance in respect of the spouse, or a former spouse, of the holder and a child or children of the holder - the amount ascertained in accordance with the formula: A + B where: A is $10,903; and B is the sum of $2,324.40 and an amount calculated on the basis of $884 for each child in respect of whom maintenance is being paid, or the amount at the annual rate of which maintenance is payable in respect of the spouse, or former spouse, and child or children, whichever is the less; and (e) in any other case - $10,903.

(3) Subject to regulation 75A, the rate at which living allowance is payable in respect of a holder to whom this subregulation applies, or to a holder to whom this subregulation applies and the dependants of the holder, is the amount per week calculated in accordance with the formula: C 52 where C is the maximum allowance in respect of the holder, or in respect of the holder and the dependants of the holder.

(4) Subregulation (3) applies to the holder of: (a) a Research Award; or (b) an Advanced Education Institution Award in respect of a post-graduate course of research.

(5) Subject to regulation 75A, the rate at which living allowance is payable in respect of a holder to whom this subregulation applies, or to a holder to whom this subregulation applies and the dependants of the holder, is the amount per week (being a week in the period of 40 weeks in any year commencing on the student pay day last preceding the last student pay day in the month of February in that year) calculated in accordance with the formula: C 40 where C is the maximum allowance in respect of the holder, or in respect of the holder and the dependants of the holder.

(6) Subregulation (5) applies to a holder of: (a) a Course Award; or (b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research; other than a holder to whom subregulation (6A) applies.

(6A) Subject to regulation 75A, the rate at which living allowance is payable in respect of a holder to whom this subregulation applies, or to a holder to whom this subregulation applies and the dependants of the holder, is: (a) in the year, or in the first year, of the Award - the amount per week (being a week in the period of 20 weeks commencing on the first day of the week that would, if subregulation (5) applied to the holder in that year, be the twenty-first week in the period of 40 weeks referred to in that subregulation) calculated in accordance with the formula: (b) in a subsequent year of the Award - the amount per week (being a week in the period of 40 weeks commencing on the student pay day last preceding the last student pay day in the month of February in that year) calculated in accordance with the formula: where C is the maximum allowance in respect of the holder, or in respect of the holder and the dependants of the holder.

(6B) Subregulation (6A) applies to the holder of: (a) a Course Award; or (b) an Advanced Education Institution Award, other than an Advanced Education Institution Award in respect of a post-graduate course of research; who is undertaking, or proposes to undertake, semester studies in his post-graduate course (being a course having second semester entry) and who commenced, or proposes to commence, his course in the second semester in the year, or in the first year, of the Award.

(7) In this regulation, "educational assistance" means any benefit or assistance granted or awarded by Australia under a scholarship, bursary or like award and includes benefit under student assistance.

STUDENT ASSISTANCE REGULATIONS - REG 71
Incidentals allowance

71. For the purposes of paragraph 15 (c) of the Act and subject to regulation 75A, the rate at which an incidentals allowance is payable in relation to the holder of an Award is $105 per year.

STUDENT ASSISTANCE REGULATIONS - REG 72
Thesis allowance

72. (1) For the purposes of paragraph 9 (d) of the Act, there is payable in respect of a thesis by a holder, being a thesis that is accepted by a university or advanced education institution for submission in relation to the post-graduate course in respect of which an Award has been granted to the holder, a thesis allowance equal to so much of the sum of the expenses incurred by him, and in respect of which evidence of payment or liability for payment has been furnished to an authorized person, for typing, printing and presentation of the thesis as does not exceed: (a) in the case of a thesis for the award of the degree of Master - $262; and (b) in the case of a thesis for the award of the degree of Doctor - $400.

(2) Thesis allowance is not payable under subregulation (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 subregulation 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.

(3) In this regulation, "thesis" includes an essay or dissertation.

STUDENT ASSISTANCE REGULATIONS - REG 73
Establishment allowance

73. For the purposes of paragraph 15 (d) of the Act, where a holder changes his place of residence by reason of: (a) being granted an Award in respect of a course at a university or advanced education institution situated in a town or city in which the holder does not normally reside; or (b) transferring, for a prescribed reason, his course from a university or advanced education institution situated in a town or city other than the town or city in which the university or advanced education institution to which his course has been transferred is situated; there is payable in respect of the holder on the day on which he takes up his new place of residence an establishment allowance of: (c) in the case of a holder who: (i) has a spouse, not being a spouse who is living separately and apart from the holder; or (ii) has a child, or children, wholly or substantially dependent on him: $209; or (d) in any other case - $105.

STUDENT ASSISTANCE REGULATIONS - REG 74 
Travelling allowance 


  74. (1) For the purposes of paragraph 15 (d) of the Act, where a holder:
  (a) who normally resides at a place in Australia other than the town or city
in which the university or advanced education institution in respect of which
his Award has been granted is situated, makes a journey from that place to
that town or city for the purpose of commencing his post-graduate course;
  (aa) who, having:
    (i) resided continuously outside Australia during the prescribed
period; and
    (ii) travelled in the year, or in the first year, of the Award to
Australia for the purpose of commencing his post-graduate course;
makes a journey for that purpose from his place of entry into Australia to the
town or city in which the university or advanced education institution in
respect of which his Award has been granted is situated; or
  (b) whose post-graduate course has been transferred for a prescribed reason
to a university or advanced education institution situated in a town or city
other than the town or city in which the university or advanced education
institution from which his post-graduate course has been transferred is
situated, makes a journey from the second-mentioned town or city to the
first-mentioned town or city for the purpose of taking up his studies in his
post-graduate course at the first-mentioned university or advanced education
institution;
travelling allowance is payable in respect of the journey of the holder and:
  (c) where a dependent spouse, or a dependent spouse and dependent child of
the holder, make, whether or not at the same time as the holder, a journey
between the 2 places referred to in paragraph (a), (aa) or (b) for the purpose
of residing permanently with the holder while he undertakes his post-graduate
course - in respect of that journey of the dependent spouse and each dependent
child of the holder; or
  (d) where the holder has no spouse, or is living separately and apart from
his spouse, and a dependent child of the holder makes, whether or not at the
same time as the holder, a journey between the 2 places referred to in
paragraph (a), (aa) or (b) for the purpose of residing permanently with the
holder while he undertakes his post-graduate course - in respect of that
journey of each dependent child of the holder.
  (2) Where a person referred to in subregulation (1) makes a journey of a
kind referred to in that subregulation, or part of such a journey, and public
transport is available for the journey, or that part of the journey, the
travelling allowance payable in respect of the journey of the person is an
amount equal to the sum of the appropriate fares that would be payable for the
journey if those appropriate fares were incurred by the person for the
journey.
  (2A) Subject to subregulations (2B), (2C) and (2D), where a person referred
to in subregulation (1) makes a journey of a kind referred to in subregulation
(1), or part of such a journey, for which public transport is not available
and the journey, or that part of the journey, is made by a motor vehicle
owned, hired or borrowed by the person, the travelling allowance payable in
respect of the journey, or that part of the journey, of the person is:
  (a) where the motor vehicle is of a type referred to in regulation 90A of
the Public Service Regulations as in force from time to time - an amount equal
to the amount that would be payable under that regulation if the person were
an officer of the Australian Public Service and used the motor vehicle for the
journey, or that part of the journey, in pursuance of permission granted under
that regulation; or
  (b) where the motor vehicle is of a type referred to in regulation 90AA of
those Regulations - an amount equal to the amount that would be payable under
regulation 90A of those Regulations, as so in force, in its application, by
virtue of regulation 90AA of those Regulations, to and in relation to a motor
vehicle of that type if the person were an officer of the Australian Public
Service and used the motor vehicle for the journey, or that part of the
journey, in pursuance of permission granted under regulation 90A of those
Regulations.
  (2B) Notwithstanding subregulation (2A), where a person referred to in
subregulation (1) makes a journey between the 2 places referred to in
paragraph (1) (a), (aa) or (b) by means of a motor vehicle owned, hired or
borrowed by the person and the person transports in or on the motor vehicle a
passenger who is a person referred to in subregulation (1), the travelling
allowance payable in respect of the first-mentioned person shall be increased
by an allowance in respect of each of those passengers in respect of each
kilometre of the journey during which that passenger is so transported, being
an allowance at the rate referred to in regulation 90B of the Public Service
Regulations as in force from time to time.
  (2C) Subregulation (2A) does not apply in respect of any part of a journey
made by a person as a passenger referred to in subregulation (2B).
  (2D) Where a person referred to in subregulation (1) makes a journey of a
kind referred to in that subregulation, or part of such a journey, for which
public transport is not available and the journey, or that part of the
journey, is made by air transport other than by a regular public transport
aircraft, travelling allowance in respect of the journey of the person is
payable in respect of each kilometre of the journey at the rate specified in
Column 3 of item 2 in the table in subregulation 90A (2) of the Public Service
Regulations as in force from time to time.
  (2E) A reference in paragraph (1) (c) to a dependent spouse of a holder does
not include a reference to a person who, at the time the person makes the
journey referred to in that paragraph:
  (a) is in receipt of income from a business or profession of the person, or
from employment; or
  (b) is in receipt of living allowance by way of educational assistance.
  (3) In this regulation, "the appropriate fare", in relation to a journey,
means:
  (a) if economy class air travel is available for the whole of the journey -
the fare for economy class air travel for the whole of the journey;
  (b) if economy class air travel is available for part, or parts, only of the
journey - an amount equal to the sum of:
    (i) the fare or fares for economy class air travel for that part,
or those parts, as the case may be, of the journey; and
    (ii) the fare or fares payable for travel for the remainder of the
journey by the least expensive practicable other method of public transport;
or
  (c) in any other case - the fare, or sum of the fares, payable for travel by
the least expensive practicable form of public transport.
  (4) A reference in subregulation (3) to the fare for a journey or part of a
journey shall be read, where the holder, dependent spouse or dependent child,
as the case may be, is entitled to make the journey or the part of the journey
on payment of a fare calculated at a concessional rate, as a reference to the
fare so calculated.
  (5) Travelling allowance is not payable under this regulation in respect of
travel by a person by a means of transport other than:
  (a) public surface transport including a privately owned bus service;
  (b) motor vehicle owned, hired or borrowed by the person; or
  (c) air transport.
  (6) In this regulation:
  "dependent", in relation to a person who makes a journey, means dependent at
the time the person makes the journey;
  "educational assistance" means any benefit or assistance granted or awarded
by the Commonwealth under a scholarship, bursary or like award and includes
benefit under student assistance;
  "place of entry into Australia", in relation to a holder, means the place at
which the holder first arrives in Australia, whether or not he finally
disembarks at that place from the vessel in which he travelled to Australia;
  "prescribed period", in relation to a holder, means the period of 12 months
ending on the day on which the holder arrives at his place of entry into
Australia;
  "public transport" means, in relation to transport by air, transport in a
regular public transport aircraft;
  "regular public transport aircraft" has the meaning referred to in
regulation 5 of the Air Navigation Regulations as in force from time to time;
  "vessel" includes aircraft.

STUDENT ASSISTANCE REGULATIONS - REG 75
Prescribed reasons for transfer

75. For the purposes of regulations 73 and 74, each of the following reasons is a prescribed reason: (a) that the holder's supervisor has transferred to the university or advanced education institution to which the holder's course has been transferred; and (b) that, having regard to the development of the holder's study interests during his studies in his post-graduate course, the supervision or facilities available to the holder at the university or advanced education institution to which he has transferred are more relevant to his post-graduate course.

STUDENT ASSISTANCE REGULATIONS - REG 75A
Claims for allowances

75A. (1) Subject to this regulation, a holder may submit a claim for living allowance to an authorized person on or before 31 December in the year, or in the first year, of the Award.

(2) Subject to this regulation, a holder may submit a claim for establishment allowance and travelling allowance to an authorized person: (a) in the case of a holder in respect of whom the allowance is payable by reason of the holder's transferring, for a prescribed reason, his course from a university or advanced education institution situated in a town or city other than the town or city in which the university or advanced education institution to which his course has been transferred is situated - on or before 31 December in the year in which the holder changes his place of residence or makes the journey, as the case requires; and (b) in any other case - on or before 31 December in the year, or in the first year, of the Award.

(3) Where: (a) a holder is in receipt of living allowance; and (b) a change in circumstances occurs which may result in an increase in the amount of the allowance; the holder may submit a claim for increased living allowance: (c) where the change in circumstances occurs during the period that commences on 3 December in a year and ends on 31 December in that year - before the expiration of the period that commences on the date on which the change in circumstances occurs and ends on the day that is 28 days after that date; and (d) in any other case - during the year in which the change in circumstances occurs.

(4) Where: (a) a holder is not in receipt of living allowance; and (b) a change in circumstances occurs which may result in the holder becoming entitled to be paid living allowance; the holder may submit a claim for living allowance: (c) where the change in circumstances occurs during the period that commences on 3 December in a year and ends on 31 December in that year - before the expiration of the period that commences on the date on which the change in circumstances occurs and ends on the day that is 28 days after that date; and (d) in any other case - during the year in which the change in circumstances occurs.

(5) Where, by virtue of making a journey of the kind referred to in regulation 74 during the period that commences on 3 December in a year and ends on 31 December in that year, being a year of the Award, a holder becomes entitled to travelling allowance, the holder may submit his claim for travelling allowance before the expiration of the period that commences on the date on which the journey is completed and ends on the day that is 28 days after that date.

(6) Where, by virtue of changing his place of residence in the manner referred to in regulation 73 during the period that commences on 3 December in a year and ends on 31 December in that year, being a year of the Award, a holder becomes entitled to establishment allowance, the holder may submit his claim for establishment allowance before the expiration of the period that commences on the date on which he takes up his new place of residence and ends on the day that is 28 days after that date.

(7) Notwithstanding the provisions of regulation 70, where a holder submits a claim to an authorized person otherwise than within the period specified in the preceding provisions of this regulation with respect to that claim, the holder is not entitled to receive the allowance to which, by virtue of regulation 70, he would otherwise be entitled in respect of the period that commenced on 1 January in the year in which he submitted the claim and ended on the day immediately preceding the day on which he submitted the claim.

(8) Notwithstanding the provisions of regulations 73 and 74, where a holder submits a claim for establishment allowance or travelling allowance to an authorized person otherwise than within the period specified in the preceding provisions of this regulation with respect to that claim, the authorized person shall disregard the claim.

(9) Subregulation (7) or (8) does not apply where: (a) the holder has taken reasonable steps to ensure that his claim is received by an authorized person within the period specified in this regulation with respect to the claim; and (b) by reason of circumstances beyond the holder's control, the claim is not received by an authorized person within the period so specified.

(10) Subregulation (7) or (8) does not apply where: (a) by reason of circumstances beyond the holder's control, the holder is unable to take reasonable steps to ensure that his claim is received by an authorized person within the period specified in this regulation with respect to the claim; and (b) as soon as practicable after those circumstances are no longer applicable in respect of the holder, the holder takes reasonable steps to furnish his claim to an authorized person.

STUDENT ASSISTANCE REGULATIONS - PART V 
 PART V - STUDENT ASSISTANCE REVIEW TRIBUNAL

STUDENT ASSISTANCE REGULATIONS - REG 75AA
Interpretation - Part V

75AA. In this Part: "Convenor", in relation to proceedings before the Tribunal, means the Convenor who is one of the members constituting the Tribunal for the purposes of those proceedings; "Tribunal" means the Student Assistance Review Tribunal.

STUDENT ASSISTANCE REGULATIONS - REG 75AAA
Application

75AAA. This Part applies only in respect of proceedings before the Tribunal relating to: (a) Post-graduate Awards; and (b) the AUSTUDY scheme as it existed before 1 January 1991.

STUDENT ASSISTANCE REGULATIONS - REG 76 
Summons to witness 


  76. (1) For the purposes of proceedings before the Tribunal, the Convenor
may, by writing under his hand, summon a person (not being a party to those
proceedings) to appear at those proceedings to give evidence and to produce
such documents and articles (if any) as are referred to in the summons.
  (2) A summons to a witness under subregulation (1) shall be in accordance
with the form in Schedule 4.
  (3) A summons under subregulation (1) may be served on a person by:
  (a) delivering a copy of the summons to the person personally; and
  (b) showing the summons to the person at the time at which the copy is
delivered to him.

STUDENT ASSISTANCE REGULATIONS - REG 77
Allowances to witnesses

77. A witness summoned under regulation 76 to appear at the proceedings referred to in that regulation shall be paid such allowances for the travelling and other expenses of the witness as the Convenor allows in accordance with the scale in Schedule 5.

STUDENT ASSISTANCE REGULATIONS - REG 78
Tribunal may take evidence

78. (1) The Tribunal may: (a) take evidence on oath or affirmation; and (b) adjourn proceedings from time to time.

(2) An oath or affirmation for proceedings before the Tribunal may be administered by the Convenor or another member constituting the Tribunal for the purposes of those proceedings.

STUDENT ASSISTANCE REGULATIONS - REG 80
Disobedience to summons etc.

80. (1) A person who has been summoned to appear as a witness before the Tribunal shall not, without lawful excuse, fail to appear in obedience to the summons.

(2) A person who has been summoned to produce a document or article to the Tribunal shall not, without lawful excuse, fail to produce the document or article in obedience to the summons.

(3) A person who appears (whether summoned to appear or not) as a witness before the Tribunal shall not, without lawful excuse: (a) refuse to make an oath or affirmation; (b) refuse or fail to answer a question that he is required by the Tribunal to answer; or (c) refuse or fail to produce a document or article that he is required by the Tribunal to produce. Penalty: $1,000 or imprisonment for 3 months.

STUDENT ASSISTANCE REGULATIONS - REG 81 
Notice under paragraph 25A (3) (c) of the Act 


  81. A notice under paragraph 25A (3) (c) of the Act shall be in a form
approved by the Convenor.

STUDENT ASSISTANCE REGULATIONS - PART VI 
 PART VI - MISCELLANEOUS

STUDENT ASSISTANCE REGULATIONS - REG 86 
Notice to be given of certain matters in relation to the holder of 
Awards 


  86. (1) For the purposes of section 31FA of the Act, the following events in
relation to the holder of an Award are prescribed:
  (a) the holder (not being a holder who is absent from Australia with the
approval of an authorized person granted under subregulation 57 (2) or whose
Award has been suspended under regulation 58) departs from Australia,
otherwise than for the purpose of recreation during a period of absence on
leave for recreation referred to in subregulation 67 (2) in relation to the
holder;
  (b) the holder discontinues his full-time studies in the post-graduate
course in respect of which he is a holder;
  (ba) the holder commences full-time studies in a post-graduate course other
than the post-graduate course in respect of which he is a holder;
  (c) the holder is absent for any reason for a period of 14 days (not
including any period of absence on leave for recreation referred to in
subregulation 67 (2) in relation to the holder) from the place at which he is
undertaking his full-time studies in a post-graduate course;
  (d) the holder is granted or awarded any scholarship, bursary or like award
in respect of a course of post-graduate studies;
  (e) the holder (being a holder in respect of whom and whose dependants
living allowance is being paid or is payable) becomes divorced;
  (f) the spouse of the holder (being a holder in respect of whom and whose
dependants living allowance is being paid or is payable) dies;
  (g) the spouse of the holder (being a holder in respect of whom and whose
dependants living allowance is being paid or is payable) ceases to reside
permanently with the holder;
  (h) the spouse of the holder (being a holder in respect of whom and whose
dependants living allowance is being paid or is payable) becomes entitled to
living allowance by way of educational assistance within the meaning of
regulation 70;
  (i) the spouse of the holder (being a holder in respect of whom and whose
dependants living allowance is being paid or is payable) receives income of
the kind referred to in paragraph 70 (1) (b);
  (k) the number of dependent children of the holder is reduced;
  (l) the annual rate at which maintenance is payable by the holder (being a
holder in respect of whom living allowance is being paid or is payable at a
rate calculated on the basis of a maximum allowance ascertained in accordance
with paragraph 70 (2) (d)) for the support of a child or children of the
holder or for the support of the spouse, or former spouse, of the holder and a
child or children of the holder, is reduced.
  (2) In this regulation:
  (a) "Award", "holder" and "post-graduate course" have the same meanings
respectively as in Part IV; and
  (b) a reference to living allowance shall be read as a reference to living
allowance under paragraph 15 (b) of the Act.

STUDENT ASSISTANCE REGULATIONS - REG 86A
Manner of notifying prescribed events

86A. For the purposes of section 31FA of the Act, a person must notify the Department of the happening of a prescribed event in relation to the person by sending notice in writing, signed by the person, to any office of the Department.

STUDENT ASSISTANCE REGULATIONS - REG 87
Information or evidence to be furnished to authorised persons

87. (1) Subject to subregulation (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 subregulation (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.

STUDENT ASSISTANCE REGULATIONS - REG 91
Furnishing of false information

91. A person shall not furnish to an authorized person: (a) in, or in connexion with, an application under these Regulations; or (b) in connexion with the payment of benefit under student assistance; information that is false or misleading in a material particular. Penalty: $100.

STUDENT ASSISTANCE REGULATIONS - REG 92
Decision of authorised person in relation to events or circumstances

92. (1) The operation of a provision of these Regulations that provides, in relation to a person to whom student assistance has been granted, that upon the happening of a specified event, or that in specified circumstances, the assistance is suspended or terminated, or shall be suspended or terminated by an authorized person, is subject to a decision by an authorized person that the event has happened or that the circumstances exist.

(2) An authorized person by whom a decision is made under subregulation (1) shall notify the person to whom the decision relates in writing of the decision.

STUDENT ASSISTANCE REGULATIONS - REG 93
Date of receipt of documents

93. (1) Where a document in writing is required, under these Regulations, to be given, produced or furnished to, or received by, an authorized person or an authority, the document shall be deemed to have been so given, produced, furnished or received on the date on which it was first received in an office, or by an officer, of the Department.

(2) Where a document in writing is required, under these Regulations, to be given, produced or furnished to, or received by, an authorized person, the Secretary shall make arrangements for the date on which it was first received in an office, or by an officer, of the Department to be recorded on the document.

STUDENT ASSISTANCE REGULATIONS - REG 94
Certain information in writing to be evidence

94. A document purporting to be signed by an officer within the meaning of section 16 of the Income Tax Assessment Act, containing information communicated to the Secretary under paragraph 16 (4) (hb) of that Act, is evidence of the information contained in the document.

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 3 
SCH

                           SCHEDULE 3                    Regulation 7
   EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS TECHNICAL AND
     FURTHER EDUCATION INSTITUTIONS FOR THE PURPOSES OF THE ACT
New South Wales:
  Bankstown Business College
  Bedford College
  Business Advancement Centre
  C. B. Alexander Agricultural College
  Cambridge Secretarial College
  Clarendon Business College
  Drummoyne Business College
  Eastwood Secretarial and Coaching College
  Flair Secretarial College
  Hurstville Business College
  Hurstville-Marrickville Business College
  Mercury Colleges
  Murrumbidgee College of Agriculture
  Northern Business College
  Parkes Secretarial College
  Passmores' Business College
  St Joseph's Business College
  St Patrick's Business College
  Supreme Secretarial College
  The Metropolitan Business College
  Williams Business College
  Williams Secretarial College
Victoria:
  Ballet Victoria School
  Cames Business College
  Chalmers Business College
  Community Welfare Training Institute
  Dandenong Business College
  George A. H. Lang's Business College
  Hales Commercial College
  Holmes Commercial Colleges
  Institute of Social Welfare
  Latrobe Valley Business College
  Macquarie Commercial College
  Main Street Business College
  Riddell Business College
  Royal Melbourne Institute of Technology Technical College
  Secretarial Diploma College
  Stott's Secretarial College
  Swanston College
  The Australian Ballet School
Queensland:
  Burdekin Rural Education Centre
  Cairns Business College
  Christine Percival Business Girls Academy
  Dalby Agricultural College
  Emerald Rural Training School
  Kelly Girls Commercial College
  Kindercraft Civic Day Nursery
  Longreach Pastoral College
  Lorraine Martin Commercial College
  Nunn and Trivett's Commercial College
  Toowoomba Coaching College
Western Australia:
  Australian Business College
  Edwards Secretarial College
  Hartill Business College
  Metropolitan Business College
  Olympia Business College
South Australia:
  Central Business College
  Hales Business Studies College
  The Metropolitan Business College
  Muirden Business Studies Centre
  Pride's Business College
  Stone's Commercial College
Australian Capital Territory:
  Metropolitan Business College
Northern Territory:
  Katherine Rural Training Centre
  Community College of Central Australia.

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 3A 
SCH

                    SCHEDULE 3A       Regulations 29, 29A, 43 and 43A
                                Pensions
Column 1 Column 2                       Column 3
Item     Kind of pension                Provision of the Act under
                                        which pension is payable
                                PART I
1       Age pension                     Division 2 of Part IV of the
                                        Social Security Act
2       Defence widow's pension         Division 2 of Part IV of the
        granted to a person without     Veterans' Entitlements Act
        dependent children              1986
3       War service pension granted     Section 38 of the Veterans'
        on the basis of age             Entitlements Act 1986
4       War widow's pension granted     Division 2 of Part II of the
        to a person without dependent   Veterans' Entitlements Act
        children                        1986
5       Widow's pension class B         Paragraph 44 (1) (b) of the
                                        Social Security Act
6       Widow's pension class C         Paragraph 44 (1) (c) of the
                                        Social Security Act
7       Wife's pension granted to a     Division 5 of Part IV of the
        person whose husband in an      Social Security Act
        age pensioner
8       Wife's service pension granted  Section 40 of the Veterans'
        to a person other than a        Entitlements Act 1986
        student referred to in item
        17 or 18
                                PART II
9       Carer's pension                 Division 6 of Part IV of the
                                        Social Security Act
10      Defence widow's pension granted Division 2 of Part IV
        to a person with dependent      of the Veterans'
        children                        Entitlements Act 1986
11      Invalid pension                 Division 3 of Part IV of the
                                        Social Security Act
11A     Rehabilitation allowance        Part XVI of the Social
                                        Security Act
12      Supporting parent's benefit     Part VI of the Social Security
                                        Act
13      War service pension granted     Section 39 of the Veterans'
        on the basis of invalidity      Entitlements Act 1986
14      War widow's pension granted     Division 2 of Part II of the
        to a person with dependent      Veterans' Entitlements Act
        children                        1986
15      Widow's pension class A         Paragraph 44 (1) (a) of the
                                        Social Security Act
16      Wife's pension granted to a     Subsection 37 (1) of the
        person whose husband is an      Social Security Act
        invalid pensioner or receives
        a rehabilitation allowance
17      Wife's service pension granted  Section 40 of the Veterans'
        to a student whose husband is   Entitlements Act 1986
        receiving a pension referred
        to in item 13
18      Wife's service pension granted  Section 40 of the Veterans'
        to a student with dependent     Entitlements Act 1986
        children, being a student
        whose husband is dead

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 3B 
SCH

                       SCHEDULE 3B                Paragraph 31 (4) (a)
                         SPECIAL COURSES
Column 1 Column 2                     Column 3
Item     Course                       Educational institution
                         NEW SOUTH WALES
1        Secondary course          Conservatorium of Music High School
                            VICTORIA
2        Special course in music   Victorian College of the Arts
         or dance                  Technical School
                           QUEENSLAND
3        Secondary course          Centre of Excellence in Ballet
                       WESTERN AUSTRALIA
4        Special art course        Applecross Senior High School
5        Special art course        Balcatta Senior High School
6        Special music course      Churchlands Senior High School
7        Special dance course      Girrawheen Senior High School
8        Special dance course      Hampton Senior High School
9        Special art course        Kalamunda Senior High School
10       Special course in dance   John Curtin Senior High School
         or theatre arts
11       Special music course      Perth Modern School
12       Special placement program A government secondary
         for intellectually        school nominated by the
         talented students         Department of Education
                      SOUTH AUSTRALIA
13       Special music course      Brighton High School
14       Special music course      Marryatville High School
15       Special music course      Woodville High School
16       Year 8-12 2-unit music    Fremont High School
         course

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 4 
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                            SCHEDULE 4                   Regulation 76
                       Student Assistance Act 1973
                   STUDENT ASSISTANCE REVIEW TRIBUNAL
                           Summons to Witness
                          (Name of Proceedings)
TO (full name and address of witness)
You are hereby summoned to attend before the Student Assistance Review
Tribunal, at (place), at               on             the
day of 19   and thereafter from day to day until the hearing of the
abovementioned proceedings is completed or until you are excused from
further attendance * to give evidence on behalf of (name of party) *
You are required to bring with you and produce the following documents
and articles:
(List items required)
Dated this           day             of                     19
                                                           Member
* delete where inapplicable

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 5 
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                             SCHEDULE 5                  Regulation 77
       WITNESSES' ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES
  1. A witness summoned, because of his professional, scientific or
other special skill or knowledge, under the Regulations to appear at
proceedings before the Student Assistance Review Tribunal shall be
paid an allowance of not less than $10.50 or more than $52.50 for each
day on which he so appears.
  2. A witness, other than a witness referred to in Item 1 of this
Schedule, summoned under the Regulations to appear at an inquiry
before the Tribunal shall be paid -
  (a) if he is remunerated by wages, salary or fees -
    (i) an allowance equal to the amount of wages, salary or
fees lost by him by reason of his so appearing; or
    (ii) an allowance of $16 for each day on which he so appears,
whichever is the less; or
  (b) if he is not so remunerated - an allowance of $6 for each day on
which he so appears.
  3. A witness appearing before the Tribunal to give expert evidence
shall be paid, in addition to any other allowance payable to him under
Item 1 or 2 of this Schedule, a reasonable amount for qualifying to
give that evidence.
  4. A witness summoned under the Regulations to appear at proceedings
before the Tribunal to give evidence shall be paid a reasonable amount
-
  (a) in respect of his conveyance to and from the place at which he
so attends; and
  (b) if he is required to be absent overnight from his usual place of
residence - for meals and accommodation.

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 6 
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                SCHEDULE 6            Subregulations 47 (10) and (11)
                        RATES OF ALLOWANCE
Column 1  Column 2                  Column 3                Column 4
Item  Engine capacity of a          Engine capacity of a    Rate of
      motor vehicle not powered     powered by a rotary     allowance
      by a rotary engine vehicle    engine allowance        per
                                                            kilometre
                                                                 cents
1   More than 3000 cubic            More than 1500 cubic
    centimetres                     centimetres                   52
2   More than 2000 cubic            More than 1000 cubic          48.7
    centimetres but not more        centimetres but not more
    than 3000 cubic centimetres     than 1500 cubic centimetres
3   More than 1600 cubic            More than 800 cubic
    centimetres but not more        centimetres but not more
    than 2000 cubic centimetres     than 1000 cubic centimetres   46.4
4   1600 cubic centimetres          800 cubic centimetres
                                    or less                       38.2

Student Assistance Regulations (Cth)

STUDENT ASSISTANCE REGULATIONS - In force under the Student Assistance Act 1973 - Reprinted as at 31 July 1992 (#DATE 31:07:1992)

STUDENT ASSISTANCE REGULATIONS - TABLE OF PROVISIONS

TABLE

STUDENT ASSISTANCE REGULATIONS - PART I PART I - PRELIMINARY

STUDENT ASSISTANCE REGULATIONS - REG 1 Citation

STUDENT ASSISTANCE REGULATIONS - REG 2 Commencement

STUDENT ASSISTANCE REGULATIONS - REG 3 Interpretation - general

STUDENT ASSISTANCE REGULATIONS - REG 4 Meaning of "higher education institution"

STUDENT ASSISTANCE REGULATIONS - REG 5 Meaning of "permanent resident"

STUDENT ASSISTANCE REGULATIONS - PART IV PART IV - POST-GRADUATE AWARDS

STUDENT ASSISTANCE REGULATIONS - DIVISION 1 Division 1 - Grant of Post-graduate Awards

STUDENT ASSISTANCE REGULATIONS - REG 49 Interpretation - Part IV

STUDENT ASSISTANCE REGULATIONS - REG 50 No further applications for Post-graduate Awards

STUDENT ASSISTANCE REGULATIONS - REG 51 Eligibility

STUDENT ASSISTANCE REGULATIONS - REG 57 Approval required for overseas study

STUDENT ASSISTANCE REGULATIONS - REG 58 Suspension of Award during research work out of Australia

STUDENT ASSISTANCE REGULATIONS - REG 59 Termination on account of unauthorised absence from Australia

STUDENT ASSISTANCE REGULATIONS - REG 60 Suspension arising out of illness etc.

STUDENT ASSISTANCE REGULATIONS - REG 61 Suspension during temporary discontinuation

STUDENT ASSISTANCE REGULATIONS - REG 62 Lapsing of suspension

STUDENT ASSISTANCE REGULATIONS - REG 63 Termination of Awards suspended on account of illness etc. or temporary discontinuation

STUDENT ASSISTANCE REGULATIONS - REG 64 Termination for failure to commence course

STUDENT ASSISTANCE REGULATIONS - REG 65 Termination for non-commencement

STUDENT ASSISTANCE REGULATIONS - REG 66 Termination for unsatisfactory progress

STUDENT ASSISTANCE REGULATIONS - REG 66A Termination on account of ineligibility

STUDENT ASSISTANCE REGULATIONS - REG 67 Termination on account of discontinuation

STUDENT ASSISTANCE REGULATIONS - REG 67A Termination on account of employment

STUDENT ASSISTANCE REGULATIONS - REG 67B Expiry of Award upon completion of course

STUDENT ASSISTANCE REGULATIONS - REG 68 Expiry of Award by effluxion of time

STUDENT ASSISTANCE REGULATIONS - DIVISION 2 Division 2 - Benefit under Post-graduate Awards

STUDENT ASSISTANCE REGULATIONS - REG 70 Living allowance

STUDENT ASSISTANCE REGULATIONS - REG 71 Incidentals allowance

STUDENT ASSISTANCE REGULATIONS - REG 72 Thesis allowance

STUDENT ASSISTANCE REGULATIONS - REG 73 Establishment allowance

STUDENT ASSISTANCE REGULATIONS - REG 74 Travelling allowance

STUDENT ASSISTANCE REGULATIONS - REG 75 Prescribed reasons for transfer

STUDENT ASSISTANCE REGULATIONS - REG 75A Claims for allowances

STUDENT ASSISTANCE REGULATIONS - PART V PART V - STUDENT ASSISTANCE REVIEW TRIBUNAL

STUDENT ASSISTANCE REGULATIONS - REG 75AA Interpretation - Part V

STUDENT ASSISTANCE REGULATIONS - REG 75AAA Application

STUDENT ASSISTANCE REGULATIONS - REG 76 Summons to witness

STUDENT ASSISTANCE REGULATIONS - REG 77 Allowances to witnesses

STUDENT ASSISTANCE REGULATIONS - REG 78 Tribunal may take evidence

STUDENT ASSISTANCE REGULATIONS - REG 80 Disobedience to summons etc.

STUDENT ASSISTANCE REGULATIONS - REG 81 Notice under paragraph 25A (3) (c) of the Act

STUDENT ASSISTANCE REGULATIONS - PART VI PART VI - MISCELLANEOUS

STUDENT ASSISTANCE REGULATIONS - REG 86 Notice to be given of certain matters in relation to the holder of Awards

STUDENT ASSISTANCE REGULATIONS - REG 86A Manner of notifying prescribed events

STUDENT ASSISTANCE REGULATIONS - REG 87 Information or evidence to be furnished to authorised persons

STUDENT ASSISTANCE REGULATIONS - REG 91 Furnishing of false information

STUDENT ASSISTANCE REGULATIONS - REG 92 Decision of authorised person in relation to events or circumstances

STUDENT ASSISTANCE REGULATIONS - REG 93 Date of receipt of documents

STUDENT ASSISTANCE REGULATIONS - REG 94 Certain information in writing to be evidence

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 3

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STUDENT ASSISTANCE REGULATIONS - SCHEDULE 3A

SCH

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 3B

SCH

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 4

SCH

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 5

SCH

STUDENT ASSISTANCE REGULATIONS - SCHEDULE 6

SCH