Commonwealth Scholarships and Awards Regulations (Amendment)

Legislation au C1960L00080 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1960. No. 80.

 

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 24th day of September, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

for and on behalf of the Prime Minister.

 

AMENDMENTS OF THE COMMONWEALTH SCHOLARSHIPS AND AWARDS REGULATIONS.†

Commencement.

1. These Regulations shall be deemed to have come into operation on the first day of January, 1960.

Amount of allowance.

2. Regulation 13 of the Commonwealth Scholarships and Awards Regulations is amended by omitting from paragraph (c) of sub-regulation (2.) the words “Six hundred and seventy-five pounds” (wherever occurring) and “Thirteen hundred and fifty pounds” (wherever occurring) and inserting in their stead the words “Seven hundred and twenty pounds” and “Fourteen hundred and forty pounds”, respectively.

3. Regulation 14 of the Commonwealth Scholarships and Awards Regulations is repealed and the following regulation inserted in its stead:—

Amount of allowance.

“14.—(1.) A full-time student who holds a mature age scholarship may be granted, in addition to a payment under Division 2 of this Part, a living allowance which shall, subject to this regulation, be at the rate of Three hundred and thirty-eight pounds per annum.

“(2.) The allowance specified in the last preceding sub-regulation is subject to a deduction at the rate of Two shillings for every Three shillings by which the student’s income in any week exceeds Two pounds five shillings.

 

* Notified in the Commonwealth Gazette on 20th October, 1960.

† Statutory Rules 1951, No. 9, as amended by Statutory Rules 1956, No. 26; 1957, No. 61; 1958, No. 8; and 1959, No. 67.

2818/60.—PRICE 3D. 10/6.6.1960.


“(3.) Notwithstanding the last preceding sub-regulation, where the student, being a female, is married and her husband is not a full-time student holding a Commonwealth scholarship, the deduction shall be at the rate of Two shillings for every Three shillings by which the combined income of the student and her husband in any week exceeds Four pounds ten shillings.

“(4.) Where the student, being a male, is married and his wife is not a full-time student holding a Commonwealth scholarship, he may, subject to the next succeeding sub-regulation, be paid a wife’s allowance at the rate of One pound fourteen shillings per week.

“(5.) The wife’s allowance specified in the last preceding sub-regulation is subject to a deduction at the rate of Two shillings for every Three shillings by which the wife’s income in any week exceeds Two pounds five shillings.

“(6.) Where the student, being a male and in receipt of an amount as living allowance under this regulation, has a child or children dependent on him, he may be paid, in addition to a wife’s allowance, a child allowance of Ten shillings per week in respect of the child, or the first child, under the age of sixteen years.

“(7.) The application of the last preceding sub-regulation extends to a female student who is a widow or a divorcee or who, being married, is living apart from her husband in pursuance of an order for judicial separation or a duly executed separation agreement.

“(8.) For the purposes of this regulation, in computing the student’s income—

(a) the respective incomes of husband and wife shall be deemed to be one-half of their combined income;

(b) an allowance payable under this Division shall be disregarded; and

(c) money received by the student from employment in the long vacation shall be disregarded.”.

4. Regulation 18 of the Commonwealth Scholarships and Awards Regulations is repealed and the following regulation inserted in its stead:—

Maximum amount of allowances.

“18. The amount which may be paid to a student in any one year by way of living allowance shall not exceed the maximum amount that would have been payable under these Regulations in respect of the student, if the provisions of regulation 13 or regulation 14, as the case may be, under which deductions may be made from that maximum amount were disregarded.”.

 

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

Overview

Statutory Rules 1960 No. 80, the Regulations under the Education Act 1945-1959, were enacted by the Governor-General in Council to amend the Commonwealth Scholarships and Awards Regulations. These regulations were established to address the need for adjustments in the financial allowances provided to scholarship recipients, thereby ensuring that the support aligns with the evolving economic conditions. The objective of these regulations is to provide a fair and updated framework for the financial assistance available to students under Commonwealth scholarships and awards, ensuring that the allowances are reflective of current economic realities. This legislative instrument was made under the authority of the Commonwealth Parliament, aiming to maintain the relevance and effectiveness of the scholarship system in supporting students' educational endeavours.

Scope and Application

The Commonwealth Scholarships and Awards Regulations 1960, as amended, apply to full-time students who hold Commonwealth scholarships or awards under the Education Act 1945-1959. These regulations cover aspects of financial allowances provided to scholarship recipients, including adjustments to the amounts of living allowances and the conditions under which these allowances are granted. The regulations are applicable nationally, as they are made under the Commonwealth's legislative authority. The regulations specify the amount of living allowances and the circumstances under which deductions from these allowances may apply, such as income thresholds and marital status. The regulations also stipulate maximum amounts that can be paid to students in any one year. The changes introduced by these regulations include updated allowance amounts and revised rules regarding income-based deductions, which are designed to ensure that the financial support provided to students remains fair and relevant.

Key Provisions

The key provisions of these Regulations (C1960L00080) amend the Commonwealth Scholarships and Awards Regulations under the Education Act 1945-1959. Firstly, Regulation 2 amends the amount of allowance for Commonwealth scholarships, increasing the figures from £675 to £720 for the lower rate and from £1350 to £1440 for the higher rate (sections 2 and 3). Secondly, Regulation 3 repeals Regulation 14 and introduces a new Regulation 14 that sets out a living allowance of £338 per annum for full-time students holding a mature age scholarship. This allowance is subject to deductions based on the student's income and, in the case of married students, the combined income of the student and their spouse (section 14). Regulation 4 repeals Regulation 18 and introduces a new Regulation 18 that sets a maximum amount for living allowances, disregarding any deductions that might apply (section 18). These Regulations impose specific obligations on scholarship recipients, primarily concerning the computation and reporting of income to ensure the correct amount of living allowance is disbursed. Recipients must provide accurate income details, including any income from employment during long vacations, and correctly report any combined income with a spouse. The Regulations also require that certain allowances be disregarded when calculating income. Moreover, the new provisions for married students with non-scholarship-holding spouses introduce additional reporting requirements to determine eligibility for deductions based on the spouse's income. The Regulations do not explicitly outline specific offences, penalties, or consequences for breach. However, non-compliance with the income reporting and deduction requirements could potentially result in overpayment of allowances, which might be subject to recovery actions under general administrative law principles. Additionally, any failure to report income accurately could be construed as a breach of the conditions of the scholarship, potentially leading to the revocation of the scholarship or other disciplinary actions as deemed appropriate by the relevant authorities.

Legal classification tags

Area of Law
Education Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.