Commonwealth Scholarships and Awards Regulations (Amendment)

Legislation au C1966L00182 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1966 No.

___________

 

REGULATIONS UNDER THE EDUCATION ACT 1945-1966.*

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 1945-1966.

Dated this twenty-second day of December, 1966.

Governor-General.

By His Excellency’s Command,

Minister of State for
Works for and on behalf of the Prime Minister

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Amendments of the Commonwealth Scholarships and Awards
Regulations. †

Interpretation.

1. Regulation 5 of the Commonwealth Scholarships and Awards Regulations is amended—

(a) by inserting after the definition of “benefits” the following definition:—

“‘ child ’ means—

(a) a person under the age of sixteen years; or

(b) a person who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full-time education at a school, university or approved institution; and

(iii) is not in employment or engaged in work on his own account;”;

(b) by inserting after the definition of “parent” the following definition:—

“‘ training agreement’ means an agreement or arrangement under which—

(a) a person (in the next succeeding paragraph called ‘ the trainee’) is to pursue a course of study or training or both, or an amount is to be paid to another person in the event of a person (in the next succeeding paragraph also called ‘ the trainee’) failing to pursue a course of study or training or both; and

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* Notified in the Commonwealth Gazette on                                , 1966.

† Statutory Rules 1951, No. 9, as amended to date. For previous amendments of the Commonwealth Scholarships and Awards Regulations, see footnote † to Statutory Rules 1966, No. 3, and see also Statutory Rules 1966, No. 3.

21668/66.Price 8c (9d.)  9/8.12.1966


(b) the trainee is to remain or engage in employment as set out in the agreement or arrangement, or an amount is to be paid to another person in the event of the trainee failing to remain or engage in employment as set out in the agreement or arrangement,

and includes any agreement or arrangement that has, either directly or indirectly, a like purpose or effect;”; and

(c) by adding at the end thereof the following sub-regulations:—

“(2.) A person (not being a person who is receiving, at a school or college, education of a class or kind that, in the opinion of the Board, is secondary education) who—

(a) is in receipt of payments by way of wages, salary or allowance from another person; and

(b) is a party to a training agreement with the other person,

shall be deemed to be in employment for the purposes of the definition of ‘child’ in the last preceding sub-regulation.

“(3.) The Board may, having regard to the nature of, and the amount earned or to be earned and the time occupied or to be occupied in, any employment or work or any intended employment or work, direct that the employment or work shall not be taken into account, or that the intended employment or work shall not, when begun, be taken into account, in determining whether or not, for the purposes of the definition of ‘child’ in sub-regulation (1.) of this regulation, a person is or was in employment or engaged in work on his own account.

“(4.) The Board may, having regard to the nature of the employment or work of persons included in a class of persons, direct that that employment or work shall not be taken into account in determining whether or not, for the purposes of the definition of ‘child’ in sub-regulation (1.) of this regulation, any person included in that class of persons is or was in employment or engaged in work on his own account.

“(5.) The Board may, at any time, revoke or vary a direction given under either of the last two preceding sub-regulations.”.

Amount of allowance— ordinary scholarships.

2. Regulation 13 of the Commonwealth Scholarships and Awards Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (3a.) and inserting in its stead the following paragraph:—

“(a) in a case other than that referred to in the next succeeding paragraph, an amount calculated at the rate of Two dollars for every Ten dollars by which the adjusted family income (excluding, where


that income exceeds Four thousand four hundred dollars, the amount of the excess) of the holder of the scholarship exceeds Two thousand two hundred dollars and Three dollars for every Ten dollars by which the adjusted family income of the holder of the scholarship exceeds Four thousand four hundred dollars; or”; and

(b) by omitting from sub-regulation (4.) the words “an amount of One hundred and fifty pounds for each child, other than the student, who is under the age of sixteen years and” and inserting in their stead the words “an amount of Three hundred dollars for each child, other than the student, who”.

The Schedule.

3. The Schedule to the Commonwealth Scholarships and Awards Regulations is amended by omitting Part II. and inserting in its stead the following Part:—

 

PART II.  Regulation 6a.

Classes of Students Eligible for Commonwealth Advanced Education
Scholarships.

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

Accountancy

Administration and Management

Agriculture

Applied Art

Applied Science

Architecture

Building

Cartography

Chiropody

Commerce

Commercial Practice

Dramatic Art

Engineering

Fine Art

Food and Nutrition

Home Science

Industrial Arts

Information Processing

Legal Training

Librarianship

Medical Laboratory Technology

Meteorology

Mining

Nursing

Occupational Therapy

Oenology

Optometry

Orthoptics

Pharmacy

Physical Education

Physiotherapy

Quantity Surveying

Science

Social Science

Speech Therapy

Surveying

Teacher Training

Town Planning

Additional amendments.

4. The Commonwealth Scholarships and Awards Regulations are amended as set out in the Schedule to these Regulations.


Application of amendments.

5. The amendments made by these Regulations apply in respect of the year commencing on the first day of January, 1967, and all subsequent years.

THE SCHEDULE  Regulation 4.

Provisions amended

Omit—

Insert—

Regulation 8 (3.)

Fifty pounds

One hundred dollars

Regulation 11 (2.) (a)...

Two pounds ten shillings

Five dollars

Regulation 11 (2.) (b)...

Five pounds

Ten dollars

Regulation 13 (2.) (a)...

Two hundred and sixty-pounds

Five hundred and fifty-nine dollars

Regulation 13 (2.) (b)...

Three hundred and ninety-six pounds ten shillings

Eight hundred and fifty-two dollars eighty cents

Regulation 13 (2.) (d)...

Two pounds ten shillings

Six dollars

Regulation 13 (2.) (e)...

Two pounds ten shillings

Six dollars

Regulation 14 (1.).....

Three hundred and ninety-six pounds ten shillings

Eight hundred and fifty-two dollars eighty cents

Regulation 14 (2.).....

Two shillings for every Three shillings

Twenty cents for every Thirty cents

Regulation 14 (2.).....

Three pounds

Seven dollars

Regulation 14 (3.).....

Two shillings for every Three shillings

Twenty cents for every Thirty cents

Regulation 14 (3.).....

Six pounds

Fourteen dollars

Regulation 14 (4.).....

One pound nineteen shillings

Three dollars ninety cents

Regulation 14 (5.).....

Two shillings for every Three shillings

Twenty cents for every Thirty cents

Regulation 14 (5.).....

Three pounds

Seven dollars

Regulation 14 (6.).....

Ten shillings

One dollar

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_____________________

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

Overview

The Statutory Rules 1966 No. ____, under the Education Act 1945-1966, were enacted to amend the Commonwealth Scholarships and Awards Regulations, addressing specific gaps in the current scholarship and award provisions. The enactment was carried out by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 22 December 1966. This legislative instrument introduced new definitions for terms such as "child" and "training agreement," which were not previously covered in the existing regulations. Additionally, the amendments sought to revise the allowance rates and eligibility criteria for students under the Commonwealth Scholarships and Awards scheme, ensuring that the financial support aligns with the evolving needs of students and their families. The objective was to provide a more equitable and comprehensive scholarship and awards system that better supports students' educational and training needs.

Scope and Application

The Commonwealth Scholarships and Awards Regulations, made under the Education Act 1945-1966, govern the eligibility, application, and administration of Commonwealth scholarships and awards. These regulations apply to individuals who are recipients of such scholarships and awards, including those who are enrolled in approved institutions and are pursuing specific courses of study. The regulations also pertain to employers and trainees who are parties to training agreements, as well as the Commonwealth Scholarship Board, which is responsible for the administration and oversight of these awards. Geographically, the application of these regulations is nationwide, encompassing all Commonwealth-approved institutions across Australia. Notably, the regulations do not specify explicit exclusions or exemptions; however, they do provide for the Board to issue directions that may exempt certain employment or work from being considered when determining eligibility. The regulations also outline various thresholds and rates applicable to the calculation of allowances and benefits for scholarship holders. The amendments made by these regulations took effect from the year commencing on the first day of January 1967, and continue to apply in subsequent years.

Key Provisions

The main operative sections of these Regulations amend the Commonwealth Scholarships and Awards Regulations under the Education Act 1945-1966. Regulation 1 amends the definition of "child" to include individuals under 16 years of age or those aged 16-20 who are full-time students and not in employment. Regulation 2 introduces the definition of "training agreement" and specifies conditions under which certain employment is not considered as being in employment for the purposes of the child definition. Regulation 3 modifies the calculation of the amount of allowance for ordinary scholarships based on the adjusted family income of the scholarship holder. Regulation 4 updates the classes of students eligible for Commonwealth Advanced Education Scholarships to include various professional and technical courses. Finally, Regulation 5 updates the monetary values in the Schedule, converting the amounts from pounds to dollars. The Regulations impose several obligations and requirements on the parties involved. Firstly, they mandate that the Board of the Commonwealth Scholarships and Awards may issue directions regarding the consideration of certain employment in determining whether a person is in employment for the purposes of the child definition. Secondly, they require the Board to update and maintain a list of classes of students eligible for Commonwealth Advanced Education Scholarships. Thirdly, they require the recalculation of scholarship amounts based on the new income thresholds and updated exchange rates as specified in the Regulations. The Regulations also establish offences and penalties for breaches. However, specific details regarding offences and penalties are not provided within the text of these Regulations. Typically, breaches of regulations may result in administrative penalties, fines, or other civil consequences, depending on the nature and severity of the breach. It is important to consult the primary legislation or related legal instruments for specific information on penalties and enforcement mechanisms.

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