Universities Commission (Financial Assistance) Regulations (Cth)

STATUTORY rules.

1946. No. 187.

REGULATIONS UNDER THE EDUCATION ACT 1945*.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Education Act 1945.

Dated this eighteenth day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

JOHN J. DEDMAN

Minister of State for Post-war Reconstruction.

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Universities Commission (Financial Assistance) Regulations.

Citation.

1. These Regulations may be cited as the Universities Commission (Financial Assistance) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“assistance” means financial assistance under these Regulations;

“authorized officer” means a person appointed in writing by the Commission as an authorized officer for the purposes of these Regulations;

“the Commission” means the Universities Commission constituted under the Education Act 1945.

Financial assistance to students.

3.—(1.) There shall be payable, subject to these Regulations, to students of the classes specified in the First Schedule to these Regulations, financial assistance as determined by the Commission in accordance with the provisions contained in the Second Schedule to these Regulations.

(2.) Assistance shall be payable to such number only of students of any class specified in the Third Schedule to these Regulations as the Commission from time to time determines.

(3.) The Commission may, in any case in which it thinks proper, determine that no assistance, or assistance of a specified amount (not greater in any case then the maximum amount prescribed by the Second Schedule to these Regulations) shall be paid to a student specified by the Commission and thereupon no assistance, or assistance of the amount specified, shall be payable accordingly.

(4.) The Commission may revoke or vary any determination under the last preceding sub-regulation.

* Notified in the Commonwealth Gazette on 19th December, 1946.

6321.—Price 3d.

Manner of payment, &c.

4.—(1.) Subject to these Regulations, assistance under these Regulations shall be paid at such times and subject to such conditions as are determined by the Commission.

(2.) Assistance shall be paid in such manner as the Treasurer determines.

Commission’s determination to be final.

5.Every determination of the Commission as to the amount of the income of any person or of any assistance to any person shall, subject to any variation at any time by the Commission, be final and conclusive for the purposes of these Regulations.

Variations in case of hardship.

6. Notwithstanding anything contained in these Regulations, where exceptional circumstances exist in the case of any student and a variation of the amount of any assistance appears to the Commission to be necessary in order to avoid undue hardship, the Commission may at any time vary the amount of the assistance:

Provided that in no case shall the amount of assistance payable to any student exceed the maximum amount prescribed by the Second Schedule to these Regulations.

Applications.

7. A person applying for assistance shall make an application in a form approved by the Commission in respect of each year in which assistance is required.

Information to be furnished.

8.— (1.) The Commission or any authorized officer may require an applicant for assistance to furnish, or to cause any other person to furnish, any information in relation to any matter arising out of or relevant to his application.

(2.) An applicant shall not be entitled to have his application considered unless all information required under this regulation to be furnished has been furnished as so required.

(3.) An applicant for assistance or any other person shall not furnish to the Commission or to an authorized officer, either in an application for assistance or otherwise in connexion with assistance, any information which is false or misleading in any particular.

Penalty: Fifty pounds or imprisonment for three months.

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THE SCHEDULES.

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FIRST SCHEDULE.

Regulation 3.

Classes of Students Eligible For Financial Assistance.

(a) Students enrolled at a University in the faculties of—

Medicine,

Dentistry,

Engineering,

Science,

Veterinary Science,

Agriculture,

Arts,

Music,

Law,

Commerce,

Economics and

Architecture.

(b) Students enrolled in the Universities of Sydney, Melbourne and Adelaide in the course for the Diploma of Social Studies.

 

(c) Students enrolled in approved institutions in the courses of—

Dentistry,

Engineering (at standards approved by the Commission)

Science (at standards approved by the Commission),

Architecture (at standards approved by the Commission), and Almonry.

SECOND SCHEDULE.

Scheme of Financial Assistance to Students.

1.—(1.) In this Schedule, unless the contrary intention appears—

“income” means taxable income as defined by the Income Tax Assessment Act 1936-1946;

“parent” includes any person legally responsible for the maintenance of a student in respect of whom an application for financial assistance is being considered.

(2.) For the purposes of this Schedule, the adjusted family income of a student shall be the income received by that student and his parents during the year ended on the thirtieth day of June next preceding the date of an application for assistance less an amount of Fifty pounds for every child, other than that student, under the age of sixteen years, wholly or partly dependent upon these parents, or either of them.

(3.) For the purposes of this paragraph—

(a) the amount of any scholarship, bursary, exhibition or other assistance payable to a student by the Commonwealth or a State or out of any fund constituted by or administered under the law of the Commonwealth or a State, or from any other source which the Commission thinks it proper not to take into account, or the amount of any payment, however described, which, in the opinion of the Commission, is a prize received by a student in relation to his course, shall not be deemed to be part of the adjusted family income of that student;

(b) the income of a student may, at the discretion of the Commission, be deemed not to be part of the adjusted family income of that student;

(c) the income of any parent of a student may, at the discretion of the Commission, be deemed not to be part of the adjusted family income of that student;

(d) the income of a student may, at the discretion of the Commission, be deemed to be the adjusted family income of that student; and

(e) a student and his parents may be deemed to have received no income, or an amount of income less than the full amount, during any period in any case where, in the opinion of the Commission, it would involve hardship to take into account any income, or the full amount of income, as the case may be, received by the student and his parents during that period.

2. The maximum financial assistance which may be granted to a student in any year shall be—

(a) payment of all tuition, examination and other fees payable in connexion with his course of study or attendance at a university or approved institution, including any fee payable in respect of the conferring of a degree or diploma, but not including fees the payment of which is voluntary; and

(b) an allowance of—

(i) One hundred and four pounds in the case of a student residing with his parent; or

(ii) One hundred and forty-three pounds in the case of a student not residing with his parent.

 

3. Subject to the Regulations, the amount of the assistance which may be granted to a student in any year shall be the amount of the maximum financial assistance computed in accordance with paragraph 2 of this Schedule, less—

(a) the amount of any other assistance payable to that student by the Commonwealth or a State or out of any fund constituted by or administered under the law of the Commonwealth or a State or from any other source which the Commission thinks it proper to take into account; and

(b) an amount calculated at the rate of Five pounds four shillings for every Ten pounds by which the adjusted family income of that student exceeds the sum of Two hundred and fifty pounds:

Provided that where the assistance which may be granted to a student in accordance with this paragraph would amount in any year to less than Ten pounds, the Commission may, in its discretion, determine that no assistance shall be granted to that student.

4. Notwithstanding anything contained in this Schedule, the Commission may, in any case where assistance may be granted to a student, determine that an amount not exceeding Ten pounds shall be granted to that student for the purchase or hire of instruments or equipment required for his course of study.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.