AUSTUDY/ABSTUDY Supplement Regulations (Amendment)

Administered by Department of Education, Science and Training

Legislation au F1996B00633 Regulations Not in force Legislative Instrument

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AUSTUDY/ABSTUDY Supplement Regulations (Amendment) 1993 No. 365

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 365

Issued by the Authority of the Minister for Schools, Vocational Education and Training

Student Assistance Act 1973

AUSTUDY/ABSTUDY Supplement Regulations (Amendment)

The Student Assistance Act 1973 (the Act) provides the legislative authority for the AUSTUDY scheme and for a debt management regime for the AUSTUDY, ABSTUDY and Assistance for Isolated Children Schemes. These schemes pay financial assistance directly to students or their parents. The Act also provides for the AUSTUDY/ABSTUDY Supplement, under which voluntary loans are provided to tertiary students.

Section 56 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

These Regulations make the following changes to the AUSTUDY/ABSTUDY Supplement:

       the maximum financial supplement payable to Category 1 students (i.e., students who are eligible for AUSTUDY or ABSTUDY) is increased from $4000 to $6000;

       the amounts of financial supplement to which a student is entitled will be rounded up to the nearest whole dollar; and

       there is no longer a minimum repayment of financial supplement.

These Regulations commence on 1 January 1994.

A detailed explanation of the Regulations is set out in the Attachment.

ATTACHMENT

Details of the AUSTUDY/ABSTUDY Supplement Regulations (Amendment)

Regulation 1. Commencement

Subregulation 1.1 provides that these Regulations will commence on 1 January 1994.

Regulation 2. Amendment

Subregulation 2.1 provides that the AUSTUDY/ABSTUDY Supplement Regulations are amended as provided by these regulations.

Regulation 3.       Regulation 9 (Maximum amount of financial supplement for category 1 students)

Subregulation 3.1 amends paragraph 9(1)(a) of the AUSTUDY/ABSTUDY Supplement Regulations to increase the present maximum financial supplement payable to category 1 students from the present level of $4,000 to $6,000.

"Category 1 students" are students who qualify for the financial supplement on the basis that they are eligible for AUSTUDY or ABSTUDY.

Subregulation 3.2 amends subregulation 9(4) of the AUSTUDY/ABSTUDY Supplement Regulations. Under subregulation 9(4), the maximum amount of category 1 financial supplement is subject to a pro rata reduction when the period of the grant is less than one year. This amendment will reflect the increase of a maximum possible category 1 financial supplement from $4,000 to $6,000.

Subregulation 3.3 inserts new subregulation 9(5) which will provide that where the calculation of the amount of financial supplement payable to a category 1 student results in an amount of dollars and cents, it will be rounded up to the nearest whole dollar. This will avoid some technical difficulties in the processing of supplement payments.

Regulation 4.       Regulation 10 (Maximum amount of financial supplement for category 2 students not in short courses)

Subregulation 4.1 inserts new subregulation 10(2) which will provide for the rounding of amounts of financial supplement up to the nearest whole dollar where payments to category 2 students doing courses 30 weeks or longer in duration are pro-rated under regulation 10 of the AUSTUDY/ABSTUDY Supplement Regulations.

"Category 2 students" are certain students who qualify for the financial supplement on the basis that they would have been eligible for AUSTUDY or ABSTUDY but for the parental income test.

Regulation 5.       Regulation 11 (Maximum amount of financial supplement for category 2 students in short courses)

Subregulation 5.1 inserts new subregulation 11(2) which will provide for the rounding of amounts of financial supplement up to the nearest whole dollar where payments to category 2 students doing courses less than 30 weeks are pro-rated under regulation 11 of the AUSTUDY/ABSTUDY Supplement Regulations.

Regulation 6.       Regulation 16 (Minimum amount of repayment that can be made)

Subregulation 6 provides that regulation 16 of the AUSTUDY/ABSTUDY Supplement Regulations will be omitted. Regulation 16 provides that the minimum repayment of financial supplement that a student is entitled to make is $500. This amendment will enable a student to make a repayment of any amount.

 

Overview

The AUSTUDY/ABSTUDY Supplement Regulations (Amendment) 1993 No. 365, issued under the authority of the Minister for Schools, Vocational Education and Training, amends the AUSTUDY/ABSTUDY Supplement Regulations in order to enhance the financial assistance provided to students through the AUSTUDY and ABSTUDY schemes. Enacted by the Australian Parliament, the Student Assistance Act 1973 established the legislative framework for these financial assistance schemes, with the objective of supporting students in their pursuit of education by mitigating financial barriers. This amendment seeks to address the identified gap in the existing financial support by increasing the maximum financial supplement for eligible students, allowing for more precise calculation of payments through rounding, and eliminating the minimum repayment threshold. These changes are designed to better support students in their educational journey by providing more flexible and accessible financial assistance.

Scope and Application

The Student Assistance Act 1973 applies to the administration of financial assistance schemes, specifically AUSTUDY, ABSTUDY, and the Assistance for Isolated Children Schemes, which provide financial support to students or their parents. The Act also governs the AUSTUDY/ABSTUDY Supplement, which facilitates voluntary loans to tertiary students. The legislation applies to individuals who are eligible for AUSTUDY or ABSTUDY, referred to as Category 1 students, as well as certain students who would have qualified for these schemes but for the parental income test, known as Category 2 students. The Act operates at the Commonwealth level, with the legislative authority under Section 56 of the Act allowing the Governor-General to make regulations for its purposes. The AUSTUDY/ABSTUDY Supplement Regulations (Amendment) 1993, which are subordinate instruments of the Act, further extend and modify the application by increasing the maximum financial supplement for Category 1 students and eliminating the minimum repayment threshold. These Regulations commenced on 1 January 1994, and provide detailed amendments to the existing AUSTUDY/ABSTUDY Supplement Regulations to reflect the changes.

Key Provisions

The main operative sections of the AUSTUDY/ABSTUDY Supplement Regulations (Amendment) 1993 No. 365 include the amendments to the maximum financial supplement payable to students, the rounding of financial supplement amounts, and the removal of the minimum repayment requirement. Specifically, Regulation 9 (1) amends the maximum financial supplement for Category 1 students from $4,000 to $6,000 (section 9(1)(a)). Regulation 9(5) provides that any financial supplement amount calculated will be rounded up to the nearest whole dollar (section 9(5)). Regulation 16 removes the minimum repayment requirement, allowing students to repay any amount they choose (section 16). These Regulations impose specific obligations and requirements on the parties involved, primarily the students and the administrators of the AUSTUDY/ABSTUDY Supplement. Students are now entitled to a higher maximum financial supplement and can repay any amount, not just the previously mandated minimum of $500. The rounding of supplement amounts aims to streamline payment processing and reduce technical difficulties. The changes in regulations ensure that all calculations and payments are clearly defined and executed without ambiguity. The AUSTUDY/ABSTUDY Supplement Regulations (Amendment) 1993 No. 365 do not explicitly outline specific offences, penalties, or consequences for breaches of the new provisions. However, non-compliance with the regulations or failure to adhere to the new financial supplement and repayment rules could potentially lead to disputes or administrative issues. While there are no stated penalties within these Regulations, any breaches of the broader Student Assistance Act 1973 could result in legal consequences, including fines or other penalties as prescribed by the Act. It is essential for students and administrators to be aware of and comply with these new provisions to avoid any potential issues.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.