Commonwealth Scholarships and Awards Regulations (Amendment)

Legislation au C1973L00056 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 56

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 fifteenth day of March, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

KIM E. BEAZLEY

Minister of State for Education.

 

Amendments of the Commonwealth Scholarships and Awards Regulations†

Definitions.

1. Regulation 5 of the Commonwealth Scholarships and Awards Regulations is amended by omitting from sub-paragraph (i) of paragraph (b) of the definition of “child” the words “twenty-one years” and substituting the words “twenty-five years”.

Travel allowances.

2. Regulation 11 of the Commonwealth Scholarships and Awards Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) The amount of the allowance granted under either sub-regulation (1) or sub-regulation (1a) in respect of a journey shall not exceed the amount of the appropriate fare in relation to the journey.”.

Amount of allowance—ordinary scholarships.

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

(a) by omitting from paragraph (a) of sub-regulation (2) the words “Seven hundred dollars” and substituting the words “Eight hundred dollars”;

(b) by omitting from paragraph (b) of that sub-regulation the words “One thousand one hundred dollars” and substituting the words “One thousand three hundred dollars”;

(c) by omitting from that sub-regulation paragraphs (d) and (e) and substituting the following word and paragraph:—

“and (d) the amount by which money received by him from all sources other than employment during any week in the year concerned exceeds Twenty dollars.”;

(d) by omitting from sub-regulation (3) the words “period of two months” and substituting the word “week”;

 

* Notified in the Commonwealth Gazette on 22 March 1973.

† Statutory Rules 1951, No. 9, as amended by Statutory Rules 1956, No. 26; 1957, No. 61; 1958, No. 8; 1959, No. 67; 1960, No. 80; 1961, No. 58; 1962, No. 38; 1964, No. 159; 1966, Nos. 3 and 182; 1967, No. 162; 1969, No. 20; 1970, No. 52; 1971, No. 53; and 1972, Nos. 39 and 148.


(e) by omitting from sub-regulation (3) the words “or paragraph (e)”;

(f) by omitting from sub-regulation (3) the words “that period” (wherever occurring) and substituting the words “that week”;

(g) by omitting from paragraph (a) of sub-regulation (3a) the words “Six thousand two hundred dollars” (wherever occurring) and substituting the words “Eight thousand four hundred dollars”;

(h) by omitting from paragraph (a) of sub-regulation (3a) the words “Three thousand one hundred dollars” and substituting the words “Four thousand two hundred dollars”; and

(i) by omitting from sub-regulation (4) the words “Three hundred dollars” and substituting the words “Four hundred and fifty dollars”.

4. Regulation 14 of the Commonwealth Scholarships and Awards Regulations is repealed and the following regulation substituted:—

Amount of allowance—mature age scholarships.

“14. (1) A full-time student who holds a mature age scholarship may be granted, in addition to a payment under Division 2, a living allowance at the rate per year of One thousand three hundred dollars less—

(a) two-thirds of the amount (if any) by which the income of the student in the year concerned from all sources other than employment exceeds One thousand and forty dollars; and

(b) if the student has a spouse who is not a full-time student holding a Commonwealth Scholarship—two-thirds of the amount (if any) by which the income of the student’s spouse in the year concerned from all sources exceeds Four thousand two hundred dollars.

“(2) Where a student in receipt of a living allowance under sub-regulation (1) has a spouse who is not in receipt of income and is not a full-time student holding a Commonwealth Scholarship, the student may be paid a spouse’s allowance at the rate of Eight dollars per week.

“(3) Where a student in receipt of a living allowance under sub-regulation (1) has a child or children dependent on the student, the student may be paid, in addition to a spouse’s allowance, a child allowance of Four dollars fifty cents per week in respect of each child under the age of sixteen years.

“(4) For the purposes of this Regulation, in computing a student’s income—

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

(b) if the spouse of the student is a full-time student at a University or approved institution—money received by the spouse from employment in the long vacation shall be disregarded.”.

Application.

5. The amendments of the Commonwealth Scholarships and Awards Regulations made by these Regulations apply in respect of the year that commenced on the first day of January, 1973, and all subsequent years.

Overview

Statutory Rules 1973 No. 56, made under the Education Act 1945-1966, was enacted to provide updates and adjustments to the Commonwealth Scholarships and Awards Regulations. These regulations address the need to modify existing allowances, age definitions, and income thresholds to better suit the evolving needs of scholarship recipients. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, the regulations aim to ensure that scholarship provisions are fair and adequately support students, particularly those with additional responsibilities such as spousal or child support. The policy objective behind these amendments is to provide a more comprehensive support system for scholarship recipients, recognising changes in personal circumstances and economic conditions. The updates include extending the age limit for a scholarship recipient's dependent child, adjusting travel allowances to reflect appropriate fare costs, and modifying income thresholds and allowances to account for changes in living expenses and income levels. These amendments apply from the year commencing on 1 January 1973 and extend to all subsequent years.

Scope and Application

The Regulations under the Education Act 1945-1966 pertain to the Commonwealth Scholarships and Awards, affecting students who are recipients of these awards. The changes apply to students across the Commonwealth, ensuring a standardised approach to scholarship administration nationwide. The Regulations extend to modifications in the definition of "child," raising the age limit from twenty-one to twenty-five years, and adjustments in travel allowances, stipulating that allowances must not exceed the appropriate fare for the journey. Moreover, the Regulations update the financial thresholds and allowances for ordinary and mature age scholarships, altering the income thresholds and amounts that students can receive. These amendments apply to the year beginning January 1, 1973, and all subsequent years. The scope is comprehensive, covering various aspects of scholarship administration, including eligibility criteria, income assessments, and financial support structures.

Key Provisions

The main provisions of the Statutory Rules 1973 No. 56 under the Education Act 1945-1966 pertain primarily to the Commonwealth Scholarships and Awards Regulations, specifically amending certain definitions, allowances, and income calculations. Regulation 1 amends the definition of "child" by extending the age limit from twenty-one years to twenty-five years. Regulation 2 revises the travel allowance to ensure it does not exceed the appropriate fare for the journey. Regulation 3 adjusts the amounts of ordinary scholarships, increasing the maximum allowable income from various sources and modifying the weekly income limit to twenty dollars. Regulation 4 repeals and replaces the previous regulation on mature age scholarships, establishing a new formula for calculating living, spouse, and child allowances based on income levels. These amendments impose specific obligations and requirements on the parties governed by the Act. For example, scholarship recipients must now adhere to the updated age definition and income thresholds to remain eligible for allowances. The new travel allowance cap ensures that recipients do not receive more than the actual fare cost for their journeys. Furthermore, the adjustments in Regulation 3 require recipients to report their income accurately to determine their eligibility and the amount of their scholarship. Regulation 4’s new provisions for mature age scholarships mean that recipients must now provide detailed income information, including that of their spouses and dependents, to calculate their allowances correctly. Breaches of these regulations could result in civil or criminal consequences. Although the specific penalties are not detailed in the text, non-compliance with scholarship terms and conditions could lead to the revocation of scholarships, the requirement to repay any amounts received, and potentially legal action. Recipients must ensure they adhere to the new definitions and income thresholds to avoid any adverse consequences. Given the importance of these regulations in maintaining the integrity of the scholarship program, failure to comply could have significant repercussions for those involved.

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