Commonwealth Scholarships and Awards Regulations (Amendment)

Legislation au C1962L00038 Regulations Not in force Legislative Instrument

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EDUCATION ACT.

COMMONWEALTH SCHOLARSHIPS AND AWARDS REGULATIONS.

Statutory Rules 1962, No. 38.(a)

Amount of allowance—ordinary scholarships.

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

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “Two hundred and thirty-four pounds” and inserting in their stead the words “Two hundred and forty-seven pounds”;

(b) by omitting from paragraph (b) of sub-regulation (2.) the words “Three hundred and sixty-four pounds” and inserting in their stead the words “Three hundred and eighty-three pounds ten shillings”;

“(c) the prescribed calculated amount based on the adjusted family income of the holder of the scholarship;”;

(d) by omitting from paragraph (d) of sub-regulation (2.) the words “Two pounds” and inserting in their stead the words “Two pounds ten shillings”;

(e) by omitting from paragraph (e) of sub-regulation (2.) the words “Two pounds” and inserting in their stead the words “Two pounds ten shillings”;

(f) by inserting after sub-regulation (3.) the following sub-regulations:—

“(3a.) In this regulation, the ‘prescribed calculated amount based on the adjusted family income of the holder of the scholarship’ means—

(a) in a case other than that referred to in the next succeeding paragraph, an amount calculated at the rate of Two pounds for every Ten pounds by which the adjusted family income (excluding, where that income exceeds One thousand seven hundred pounds, the amount of the excess) of the holder of the scholarship exceeds Eight hundred and fifty pounds and Three pounds for every Ten pounds by which the adjusted family income of the holder of the scholarship exceeds One thousand seven hundred pounds; or

(a) Made under the Education Act 1945–1959 on 31st May, 1962; notified in the Commonwealth Gazette on 7th June, 1962.

(b) in the case of a holder of a scholarship who is the brother or sister of a full-time student or students enrolled in a course or courses referred to in the Schedule to these Regulations, an amount calculated in accordance with the formula .

“(3b.) For the purposes of paragraph (b) of the last preceding sub-regulation—

M is the amount equal to the amount calculated under paragraph (a) of that sub-regulation in relation to the holder of the scholarship; and

N is the number of students in the family (whether or not they are the holders of Commonwealth Scholarships) enrolled as full-time students in a course or courses referred to in the Schedule to these Regulations.”; and

(g) by omitting from sub-regulation (4.) the words “an amount of—

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

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

other than the student,” and inserting in their stead the words “an amount of One hundred and fifty pounds for each child, other than the student,”.

Amount of allowance—mature age scholarships.

2. Regulation 14 of the Commonwealth Scholarships and Awards Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Three hundred and sixty-four pounds” and inserting in their stead the words “Three hundred and eighty-three pounds ten shillings”;

(b) by omitting from sub-regulation (2.) the words “Two pounds five shillings” and inserting in their stead the words “Three pounds”;

(c) by omitting from sub-regulation (3.) the words “Four pounds ten shillings” and inserting in their stead the words “Six pounds”; and

(d) by omitting from sub-regulation (5.) the words “Two pounds five shillings” and inserting in their stead the words “Three pounds”.

Application of amendments.

3. The amendments made by these Regulations shall apply in respect of the year commencing on the first day of January, 1963, and all subsequent years.

Amounts payable in respect of the year 1962.

4.—(1.) In this regulation, “the Regulations” means the Commonwealth Scholarships and Awards Regulations as in force immediately before the commencement of these Regulations.

(2.) Expressions in this regulation have the same meaning as in the Regulations.

(3.) The holder of an ordinary scholarship is, in respect of benefits for the year 1962, entitled to be paid, instead of the amount otherwise payable to him, an amount equal to the sum of—

(a) one-quarter of the allowance specified in whichever of paragraph (a) or (b) of sub-regulation (2.) of regulation 13 of the Regulations is applicable to him, less—

(i) one-quarter of the amount which would have been deducted from that allowance under paragraph (c) of sub-regulation (2.) of that regulation if that regulation had been in force for the whole of the year 1962; and

(ii) the amount deductible from that allowance under paragraphs (d) and (e) of sub-regulation (2.) of that regulation in respect of any week that occurred before the first day of April, 1962; and

(b) three-quarters of the allowance specified in whichever of paragraph (a) or (b) of sub-regulation (2.) of regulation 13 of the Regulations as amended by these Regulations is applicable to him, less—

(i) three-quarters of the amount which would have been deducted from that allowance under paragraph (c) of sub-regulation (2.) as so amended if that regulation as so amended had been in force for the whole of the year 1962; and

(ii) the amount deductible from that allowance under paragraphs (d) and (e) of sub-regulation (2.) of that regulation as so amended in respect of any week occurring after the first day of April, 1962 if that regulation as so amended had been in force on and after that day.

(4.) The holder of a mature age scholarship is, in respect of benefits for the year 1962, entitled to be paid, instead of the amount otherwise payable to him, an amount equal to the sum of—

(a) one-quarter of the annual amount of the allowance specified in sub-regulation (1.) of regulation 14 of the Regulations, less the amount deductible from that allowance under that regulation in respect of any week that occurred before the first day of April, 1962;

(b) the allowance in accordance with sub-regulation (4.) of regulation 14 of the Regulations to the extent that that sub-regulation applied to him during the period that commenced on the first day of January, 1962 and ended on the thirty-first day of March, 1962, less the amount deductible from that allowance under that regulation in respect of any week that occurred before the first day of April, 1962;

(c) the allowance in accordance with sub-regulation (6.) of regulation 14 of the Regulations as in force from time to time during the year 1962 to the extent that that sub-regulation applied or applies to him during that year;

(d) three-quarters of the annual amount of the allowance specified in sub-regulation (1.) of regulation 14 of the Regulations as amended by these Regulations, less the amount deductible from that allowance under that regulation as so amended in respect of any week occurring after the first day of April, 1962 if that regulation as so amended had been in force on and after that day; and

(e) the allowance in accordance with sub-regulation (4.) of regulation 14 of the Regulations as amended by these Regulations to the extent that that sub-regulation applied or applies to him during the period that commenced on the first day of April, 1962 and ends on the thirty-first day of December, 1962, less the amount deductible from that allowance under that regulation as so amended in respect of any week occurring after the first day of April, 1962 if that regulation as so amended had been in force on and after that day.

Overview

The Education Act 1945–1959 was enacted to provide a comprehensive framework for the administration of education in Australia. The Commonwealth Scholarships and Awards Regulations, Statutory Rules 1962, No. 38, were introduced to address the need for updating the financial allowances for Commonwealth scholarships and awards to reflect changes in economic conditions and to provide a more equitable distribution of funds based on the adjusted family income of scholarship holders. These regulations were made under the authority of the Education Act and notified in the Commonwealth Gazette on 7th June, 1962. The policy objective behind these amendments was to ensure that scholarship allowances remain fair and relevant, providing adequate support to students in need without imposing undue financial burdens on the government or the recipients' families.

Scope and Application

The Commonwealth Scholarships and Awards Regulations, made under the Education Act 1945–1959, apply to the holders of Commonwealth scholarships and awards. The Regulations specify the amounts of allowances for ordinary and mature age scholarships, which are adjusted through statutory rules to reflect changes in economic conditions or family circumstances. The amendments outlined in the statutory rules aim to update the financial support provided to scholarship holders by increasing specific monetary amounts and adjusting the calculation methodology for allowances based on family income. These changes are designed to ensure the financial assistance remains relevant and equitable in light of inflation or variations in family financial situations. The regulations also address the transitional application of these amendments, ensuring that scholarship holders for the year 1962 receive adjusted payments that reflect both the old and new regulations proportionally. The scope of the amendments extends nationally, as they are issued under Commonwealth authority, and apply to all scholarship holders governed by these regulations.

Key Provisions

The Commonwealth Scholarships and Awards Regulations, as amended by Statutory Rules 1962, No. 38, primarily revise the amount of allowances for ordinary scholarships and mature age scholarships under the Education Act 1945–1959. Regulation 13 of these Regulations adjusts the ordinary scholarship allowance amounts, with specific reference to the adjusted family income of the scholarship holder. For instance, Regulation 13(a) increases the allowance from £234 to £247, while Regulation 13(b) increases it from £364 to £383.10. Regulation 13(c) introduces a new provision based on the calculated amount derived from the holder's adjusted family income. Similarly, Regulation 14 revises the mature age scholarship allowances, increasing them from £364 to £383.10 and from £2.5 to £3, among other adjustments. The amendments apply to the year commencing 1 January 1963 and subsequent years, as outlined in Regulation 3. The Regulations impose specific obligations on scholarship holders and administrators to ensure compliance with the new allowances. For ordinary scholarship holders, the new formula in Regulation 13(c) requires a calculation based on the holder's family income, with specific rates for income exceeding certain thresholds. For mature age scholarships, the adjustments in Regulation 14 necessitate recalculating the allowances for recipients, taking into account the new rates specified in the Regulations. Additionally, the provisions in Regulation 4 detail the specific amounts payable for the year 1962, ensuring that scholarship holders receive the correct amount based on the transitional provisions. The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, given the nature of statutory regulations, any failure to adhere to the prescribed allowances or calculations could potentially result in legal repercussions under the broader framework of the Education Act 1945–1959. This might include administrative penalties or legal action for non-compliance with the stipulated educational scholarship provisions.

Area of Law: Education Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations

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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.

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