Commonwealth Scholarship Regulations (Amendment)

Legislation au C1959L00067 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1959. No. 67.

 

REGULATIONS UNDER THE EDUCATION ACT 1945-1959.*

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 1945-1959.

Dated this 5th day of August, 1959.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(Sgd.) A. R. Downer

Minister for Immigration acting for and on

behalf of the Prime Minister.

 

Amendments of the Commonwealth Scholarship Regulations.†

Commencement.

1.—(1.) These Regulations shall be deemed to have come into operation on the first day of January, 1959.

(2.) For the purposes of the operation, before the commencement of the Education Act 1959, of the Commonwealth Scholarship Regulations, as amended by these Regulations, a reference in those Regulations as so amended to the Board shall be read as a reference to the Universities Commission constituted by the Education Act 1945.

Citation.

2. Regulation 1 of the Commonwealth Scholarship Regulations is amended by omitting the word “Scholarship” and inserting in its stead the words “Scholarships and Awards”.

Repeal.

3. Regulation 3 of the Commonwealth Scholarship Regulations is amended by omitting from sub-regulation (2.) the words “the Commission” and inserting in their stead the words “the Universities Commission constituted by the Education Act 1945”.

4. Regulation 4 of the Commonwealth Scholarship Regulations is repealed and the following regulation inserted in its stead:—

Parts.

“4. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-5).

Part II.—Commonwealth Scholarships.

Division 1.—General (Regulations 6-8).

Division 2.—Fees and Fares (Regulations 10-12).

Division 3.—Living Allowance: Ordinary Scholarships (Regulation 13).

Division 4.—Living Allowance: Mature Age Scholarships (Regulation 14).

* Notified in the Commonwealth Gazette on 13th August, 1959.

† Statutory Rules 1951, No. 9, as amended by Statutory Rules 1959, No. 26; 1957, No. 61; and 1958, No, 8.

4572/58.—Price 5d. 9/30.5.1959.

Part III.—Commonwealth Post-graduate Awards (Regulations 14a-14b).

Part IV.—Miscellaneous (Regulations 14c-18).

Manner of payment.

5. Regulation 9 of the Commonwealth Scholarship Regulations is repealed.

6. Regulation 11 of the Commonwealth Scholarship Regulations is repealed and the following regulation inserted in its stead:—

Fares.

“11.—(1.) Subject to this Division, a full-time student who has been awarded a Commonwealth Scholarship may be granted, in respect of the year for which the scholarship is awarded, reimbursement of the amount paid by the student for fares for—

(a) the journey, if any, from his home to the training institution to commence training;

(b) one journey from the training institution to his home and return made during the long vacation; and

(c) the journey, if any, from the training institution to his home on completion of training.

“(2.) The amount reimbursed under the last preceding sub-regulation in respect of a journey shall not exceed the amount by which the appropriate fare in relation to the journey exceeds—

(a) in the case of the journey referred to in paragraph (a) or (c) of the last preceding sub-regulation—Two pounds ten shillings; or

(b) in the case of the journey referred to in paragraph (b) of the last preceding sub-regulation—Five pounds.

“(3.) In the last preceding sub-regulation, ‘the appropriate fare’, in relation to a journey, means—

(a) where second-class rail travel is available for the whole of the journey—the fare, at concessional rates, if any, for second-class rail travel for the whole of the journey;

(b) where second-class rail travel is available for a part, or parts, only of the journey—the aggregate of—

(i) the fare, or the aggregate of the fares, at concessional rates, if any, for second-class rail travel for that part or those parts, as the case may be, of the journey; and

(ii) the fare, or the aggregate of the fares, for such single or combined method of transport as is approved by the Board for the remainder of the journey; or

(c) in any other case—the fare, or the aggregate of the fares, for such single or combined method of transport as is approved by the Board for the journey.”.

Amount of allowance.

7. Regulation 13 of the Commonwealth Scholarship Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “One hundred and ninety-five pounds” and inserting in their stead the words “Two hundred and twenty-one pounds”;

(b) by omitting from paragraph (b) of sub-regulation (2.) the words “Two hundred and ninety-nine pounds” and inserting in their stead the words “Three hundred and thirty-eight pounds”;

(c) by omitting paragraph (c) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(c) an amount calculated at the rate of—

(i) in the case of a holder of a scholarship who is the brother or sister of a full-time student enrolled in a course referred to in the Schedule to these Regulations (whether the latter is the holder of a Commonwealth Scholarship or not)—Two pounds for every Fifteen pounds by which the adjusted family income (excluding, where that income exceeds Thirteen hundred and fifty pounds, the amount of the excess) of the holder of the scholarship exceeds Six hundred and seventy-five pounds and Two pounds for every Ten pounds by which the adjusted family income of the holder of the scholarship exceeds Thirteen hundred and fifty pounds; or

(ii) in any other case—Two pounds for every Ten pounds by which the adjusted family income (excluding, where that income exceeds Thirteen hundred and fifty pounds, the amount of the excess) of the holder of the scholarship exceeds Six hundred and seventy-five pounds and Three pounds for every Ten pounds by which the adjusted family income of the holder of the scholarship exceeds Thirteen hundred and fifty pounds;”;

(d) by omitting paragraphs (a) and (b) of sub-regulation (4.) and inserting in their stead the following paragraphs:—

“(a) One hundred and fifty pounds for the first child; and

(b) Seventy-five pounds for each other child,”; and

(e) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) Notwithstanding the preceding provisions of this regulation—

(a) where a full-time student who has been awarded an ordinary scholarship attains the age of twenty-five years, he may, in respect of each year after attaining that age during which he remains a full-time student, be granted a living allowance calculated in accordance with the next succeeding Division; and

(b) where a full-time student who has been awarded an ordinary scholarship is not, in the opinion of the Board, dependent on his parents or any other person, he may, while he remains a full-time student, be granted a living allowance calculated in accordance with the next succeeding Division.”.

Amount of allowance.

8. Regulation 14 of the Commonwealth Scholarship Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(a) Three hundred and thirty-eight pounds per annum; and”;

(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (2.) the words “One pound eleven shillings” and inserting in their stead the words “One pound fourteen shillings”; and

(c) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (2.) the words “Nine shillings” and inserting in their stead the words “Ten shillings”.

9. After Part II. of the Commonwealth Scholarship Regulations the following Part is inserted:—

“Part III.—Commonwealth Post-graduate Awards.

Grant of awards.

“14a. Subject to these Regulations, the Board may grant Commonwealth Post-graduate Awards to students in Australian universities undertaking courses of study approved by the Board for the purposes of those awards.

Grant of benefits.

“14b. A student who is granted a Commonwealth Post-graduate Award may be granted such benefits as are approved by the Board in his case.”.

10. The heading to Part III. of the Commonwealth Scholarship Regulations is repealed and the following heading and regulation are inserted in its stead:—

“Part IV.—Miscellaneous.

Manner of payment.

“14c.—(1.) Subject to these Regulations, benefits shall be paid at such times, and subject to such conditions, as are determined by the Board.

“(2.) Benefits shall be paid in such manner as the Treasurer determines.”.

Additional amendment.

11. The Commonwealth Scholarship Regulations (other than regulation 3) are amended by omitting the words “the Commission” (wherever occurring) and inserting in their stead the words “the Board”.

Schedule.

12. The Schedule to the Commonwealth Scholarship Regulations is repealed and the following Schedule inserted in its stead:—

THE SCHEDULE.

Regulation 6.

CLASSES OF STUDENTS ELIGIBLE FOR COMMONWEALTH SCHOLARSHIPS.

(a) Students enrolled at a University—

(i) in an undergraduate degree course;

(ii) in a course for the degree of Bachelor of Education, the Diploma of Educational Psychology, the Diploma of Dietetics, the Diploma of Education or the Certificate of Education; or

(iii) in a course for an undergraduate Diploma of—

Accountancy

Architecture

Building

Divinity

Engineering

Food Technology

Journalism

Manual Arts

Music

Occupational Therapy

Optometry

Pharmacy

Physical Education

Physiotherapy

Public Administration

Quantity Surveying

Science

Social Studies

Social Work

Town and Regional Planning.

(b) Students enrolled at an approved institution in a course of a standard approved by the Board in—

Accountancy

Agriculture

Animal Husbandry

Architecture

Art

Building

Cartography

Commerce

Dairying

Dietetics

Dramatic Art.

Engineering

Food and Nutrition

Food Technology

Forestry

Home Economics

Home Science

Horticulture

Institutional Management

Instrument Technology

Land Surveying

Legal Training

Management

Music

Needlecraft

Occupational Therapy

Oenology

Optometry

Orthoptics

Pharmacy

Physical Education

Physiotherapy

Pre-school Teacher Training

Public Administration

Quantity Surveying

Science

Speech Therapy

Teacher Training.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1959, No. 67, are regulations made under the Education Act 1945-1959, addressing amendments to the Commonwealth Scholarship Regulations. Enacted by the Governor-General on behalf of the Federal Executive Council, these regulations came into operation on 1 January 1959. The primary objective of these amendments is to update and refine the existing scholarship regulations to better align with the legislative changes and administrative requirements of the time. The regulations amend the Commonwealth Scholarship Regulations to reflect changes such as the renaming of the scholarship to "Scholarships and Awards," the substitution of references from the "Commission" to the "Universities Commission constituted by the Education Act 1945," and the introduction of new provisions regarding the grant of Commonwealth Post-graduate Awards. These amendments aim to ensure that scholarship and award provisions are clear, up-to-date, and effectively administered in accordance with the current legislative framework.

Scope and Application

The Regulations under the Education Act 1945-1959 govern the administration of Commonwealth Scholarships and Awards, providing detailed provisions concerning eligibility, application, and the disbursement of financial support to students. These regulations apply to students who meet specific eligibility criteria, such as being enrolled in undergraduate or approved post-graduate courses at recognised Australian universities or institutions. The scope of these regulations extends to the Commonwealth level, thereby influencing educational opportunities and support mechanisms across the nation. While the regulations primarily focus on the financial aspects of scholarships and awards, they do not explicitly state exclusions or exemptions; however, the detailed eligibility criteria implicitly define the boundaries of applicability. The regulations also allow for the creation of subordinate instruments to further refine the application and implementation of these provisions, ensuring that they can be adapted to changing educational needs and contexts.

Key Provisions

The Regulations under the Education Act 1945-1959, which came into effect on 1 January 1959, amend the Commonwealth Scholarship Regulations by expanding the terminology from "Scholarship" to "Scholarships and Awards" (Regulation 1), and replace references to "the Commission" with "the Universities Commission constituted by the Education Act 1945" (Regulation 3). Furthermore, Regulation 4 has been repealed and replaced with a new structure that divides the Regulations into Parts and Divisions, detailing preliminary matters, Commonwealth Scholarships, Commonwealth Post-graduate Awards, and miscellaneous provisions (Regulation 4). Notably, Regulations 9 and 11 have been repealed and replaced with new provisions regarding the reimbursement of travel fares for full-time students awarded Commonwealth Scholarships (Regulation 11). Additionally, the amount of living allowances for ordinary and mature age scholarships has been adjusted, with new calculations based on family income exceeding specified thresholds (Regulations 7 and 8). The Regulations also introduce a new Part III, which allows the Board to grant Commonwealth Post-graduate Awards to students in Australian universities undertaking approved courses (Regulation 14a). The manner of payment for benefits is outlined in Regulation 14c, which stipulates that payments will be made at the times and subject to the conditions determined by the Board, with the manner of payment determined by the Treasurer (Regulation 14c). The Regulations impose certain obligations on the Board, including the authority to grant Commonwealth Scholarships and Post-graduate Awards, to determine the conditions under which benefits are granted and paid, and to approve courses of study for the purpose of these awards. The Board is also responsible for assessing the eligibility of students for scholarships and awards, including their dependency status and family income, and for calculating the appropriate living allowances based on these assessments. Furthermore, the Board must ensure that reimbursement of travel fares for students is conducted in accordance with the provisions outlined in Regulation 11, including the limits on the amounts that may be reimbursed for different types of journeys. Breach of the provisions of these Regulations may result in various civil or administrative consequences. For example, failure to comply with the conditions for the grant of scholarships or awards, or for the reimbursement of travel fares, may result in the denial or withdrawal of benefits. Additionally, any person who makes a false or misleading statement in an application for a scholarship or award may be subject to penalties under the relevant legislation. However, the Regulations themselves do not specify any criminal or civil penalties for breach of their provisions. Instead, any consequences of non-compliance would likely be determined by the Board in accordance with the Education Act 1945-1959 or other relevant legislation.

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