Commonwealth Scholarships and Awards Regulations (Amendment)

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Statutory Rules

1974 No. 180

REGULATIONS UNDER THE EDUCATION ACT 1945-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Education Act 1945-1973.

Dated this first day of October, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

KIM E. BEAZLEY

Minister of State for Education.

__________

Amendments of the Commonwealth Scholarships and Awards Regulations†

Fees of students not in receipt of living allowance.

1. Regulation 10 of the Commonwealth Scholarships and Awards Regulations is amended by omitting the words “may be granted” and substituting the words “, not being a student to whom regulation 10a applies, shall be granted”.

2. After Regulation 10 of the Commonwealth Scholarships and Awards Regulations the following regulation is inserted:—

Fees of students in receipt of living allowance.

“10a. (1) A student who is awarded a Commonwealth scholarship and to whom living allowance is payable under Division 3 in a year in respect of which the scholarship is awarded shall be granted, in respect of that year, fees of a prescribed kind payable in connexion with his course of study or attendance at a University or approved institution.

“(2) For the purposes of sub-regulation (1), each of the following kinds of fees are fees of a prescribed kind:—

(a) tuition fees;

(b) examination fees;

(d) other fees not being—

(i) fees imposed by a faculty or department of a University or approved institution;

(ii) fees for residence at a University or approved institution or fees for any board or lodgings;

(iii) fees the payment of which is voluntary; or

* Notified in the Australian Government Gazette on 8 October 1974.

† 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; 1972, Nos. 39 and 148; and 1973, No. 56.

(iv) fees in respect of membership of a students’ representative council, a students’ union, a students’ sports union or similar organization.”.

Travel allowances for students not in receipt of living allowance.

3. Regulation 11 of the Commonwealth Scholarships and Awards Regulations is amended—

(a) by omitting from sub-regulation (1) the words “may be granted” and substituting the words “, not being a student to whom regulation 10a applies, shall be granted ”;

(b) by omitting from sub-regulation (1a) the words “may be granted” and substituting the words “, not being a student to whom regulation 10a applies, shall be granted ”;

“(3a) Notwithstanding sub-regulation (3), where a student undertakes the whole, or a part, of a journey by aeroplane and it would be unreasonable, having regard to—

(a) illness of the student;

(b) the physical incapacity of the student; or

(c) the distance or travelling time between the student’s home and the University or approved institution at which he is undertaking his course of study,

to expect the student to undertake the journey, or that part of the journey, by any other means, ‘the appropriate fare’, in relation to the journey, or that part of the journey, means the fare for economy class air travel for the journey, or that part of the journey, as the case may be.”; and

(d) by omitting from sub-regulation (4) the words “the last preceding sub-regulation” and substituting the words “sub-regulation (3) or (3a)”.

4. After Regulation 11 of the Commonwealth Scholarships and Awards Regulations the following regulation is inserted:—

Travel allowance for students in receipt of living allowance.

“11a. (1) Where, in a year for which his scholarship is awarded, a student to whom regulation 10a applies—

(a) makes a journey from his home to a University or approved institution in order to commence his course of study for the year;

(b) makes a journey from the University or approved institution to his home and back to the University or approved institution during a vacation other than the summer vacation; or

(c) makes a journey from the University or approved institution to his home upon the completion of his course of study for that year or upon the discontinuation of his course in that year,

a fares allowance calculated in accordance with this regulation is payable to the student in respect of the fares paid or payable by or in respect of the student for the journey.

“(2) Allowance is payable in a year under sub-regulation (1) in respect of the fares paid or payable by or in respect of the student for no more than the following number of journeys referred to in sub-regulation (1):—

(a) where the student is undertaking a course of study of not more than three months in duration at a University or approved institution —one journey of the kind referred to in paragraph (1) (a) and one journey of the kind referred to in paragraph (1) (c);

(b) where the student is undertaking a course of study of more than three months, but not exceeding six months, in duration at a University or approved institution—one journey of each of the kinds referred to in paragraphs (1) (a), (1) (b) and (1) (c); and

(c) where the student is undertaking a course of study exceeding six months in duration at a University or approved institution—one journey of the kind referred to in paragraph (1) (a), two journeys of the kind referred to in paragraph (1) (b) and one journey of the kind referred to in paragraph (1) (c).

“(3) The amount of the allowance payable under sub-regulation (1) in respect of a journey is the amount equal to the appropriate fare for the journey, or the actual cost incurred in making the journey, whichever is the less.

“(4) In this regulation, ‘the appropriate fare’, in relation to a journey, means—

(a) if second class rail travel is available for the whole of the journey— the fare for second class rail travel for the whole of the journey;

(b) if second class rail travel is available for part, or parts, only of the journey—an amount equal to the sum of—

(i) the fare or fares for second class rail travel for that part, or those parts, as the case may be, of the journey; and

(ii) the fare or fares payable for travel for the remainder of the journey by the most convenient other method of public transport; or

“(5) Notwithstanding sub-regulation (4), where a student undertakes the whole, or a part, of a journey by aeroplane and it would be unreasonable, having regard to—

(a) illness of the student;

(b) the physical incapacity of the student; or

(c) the distance or travelling time between the student’s home and the University or approved institution at which he is undertaking his course of study,

“(6) A reference in sub-regulation (4) or (5) to a fare for a journey or part of a journey shall be read, where the student is entitled to make the journey or the part of the journey on payment of a fare calculated as a concessional rate, as a reference to the fare so calculated.

“(7) An allowance is payable under this regulation whether the student travels by rail or by some other means of transport.”.

Repeal of regulation 12.

5. Regulation 12 of the Commonwealth Scholarships and Awards Regulations is repealed.

6. Divisions 3 and 4 of Part II of the Commonwealth Scholarships and Awards Regulations are repealed and the following Division substituted:—

“Division 3—Living Allowance and Incidentals Allowance

Living allowance.

“13. A full-time student who has been awarded a Commonwealth scholarship (whether an ordinary scholarship or a mature age scholarship) and to whom living allowance would be payable in respect of the year 1974 under the Student Assistance Act 1973 if—

(a) that Act and the Student Assistance Regulations had come into operation on 1 January 1974; and

(b) the full-time student had, on 1 January 1974, been granted Tertiary Education Assistance under that Act in respect of the year 1974,

is entitled to living allowance in respect of the year 1974 at the rate at which he would be entitled to living allowance under the Student Assistance Act 1973 if that Act and the Student Assistance Regulations had so come into operation and the full-time student had been so granted that Tertiary Education Assistance.

Incidentals allowance for students in receipt of living allowance.

“14. A full-time student who has been awarded a Commonwealth scholarship (whether an ordinary scholarship or a mature age scholarship) and to whom living allowance is payable under regulation 13 in respect of the year 1974 is entitled to an incidentals allowance in respect of that year—

(a) in the case of a student who is the holder of a Commonwealth University scholarship—of $100; or

(b) in the case of a student who is the holder of a Commonwealth Advanced Education scholarship—of $70.”.

Grant of awards.

7. Regulation 14a of the Commonwealth Scholarships and Awards Regulations is amended by inserting after the words “Australian universities” the words “and approved institutions”.

Repeal of regulation 18.

8. Regulation 18 of the Commonwealth Scholarships and Awards Regulations is repealed.

Commencement.

9. These Regulations shall be deemed to have come into operation on 1 January 1974.

Overview

The Statutory Rules 1974 No. 180, made under the Education Act 1945-1973, were introduced to refine the Commonwealth Scholarships and Awards Regulations and address the specific needs of scholarship recipients in terms of fees and travel allowances. Enacted by the Governor-General, with advice from the Executive Council, these regulations sought to ensure that scholarship holders were provided with appropriate financial support for their educational pursuits. The policy objective of these regulations was to support the education of deserving students by covering certain expenses, thereby reducing the financial burden on recipients and ensuring they could focus on their studies without undue financial stress. The regulations aimed to provide a more comprehensive framework for the distribution of scholarships and allowances, ensuring that students received the necessary support to complete their courses successfully.

Scope and Application

The Statutory Rules 1974 No. 180 made under the Education Act 1945-1973 governs the Commonwealth Scholarships and Awards Regulations, affecting students who receive Commonwealth scholarships. These regulations apply to students who are awarded a Commonwealth scholarship and who either receive or do not receive a living allowance. The regulations specify that students who receive a living allowance are entitled to prescribed fees and travel allowances related to their courses of study. Conversely, students who do not receive a living allowance are also entitled to fees and travel allowances, albeit with certain conditions and limitations. These regulations cover a broad spectrum of students, from those in receipt of living allowances to those who are not, and apply to all students who are awarded Commonwealth scholarships, regardless of the institution they attend. The regulations also specify the types of fees and travel allowances that are covered, with exclusions for certain fees such as those for residence, board, and voluntary payments. These regulations are applicable on a Commonwealth level and cover all students who meet the criteria specified in the Education Act 1945-1973 and the Commonwealth Scholarships and Awards Regulations. The regulations are extensive in their application, covering both full-time and part-time students, and those studying at universities and approved institutions. The scope of the regulations is further extended through subordinate instruments, which provide detailed guidelines and specifications for the implementation and administration of the scholarships and allowances.

Key Provisions

The main operative sections of these Regulations, under the Education Act 1945-1973, introduce significant amendments to the Commonwealth Scholarships and Awards Regulations. Specifically, Regulation 10 is amended to mandate that fees be granted to students not receiving a living allowance, whereas previously fees could be granted at the discretion of the authorities (Section 1). A new Regulation 10a is introduced, stipulating that students awarded a Commonwealth scholarship and who receive a living allowance are to be granted certain fees related to their course of study or attendance at a university or approved institution, such as tuition, examination, and degree conferral fees (Section 2). Regulation 11 is similarly amended to ensure travel allowances are granted to students not receiving a living allowance, with new Regulation 11a providing travel allowances for students who receive a living allowance (Sections 3 and 4). Furthermore, Regulation 12 is repealed, and Divisions 3 and 4 of Part II are replaced with new provisions for living and incidentals allowances for students in receipt of living allowance (Sections 5 and 6). Regulation 14a is amended to include approved institutions in the grant of awards, and Regulation 18 is repealed (Sections 7 and 8). These Regulations are deemed to have come into operation on 1 January 1974 (Section 9). These Regulations impose specific obligations and requirements on the parties they govern. Universities and approved institutions are required to ensure that students who meet the criteria for Commonwealth scholarships and living allowances are granted the appropriate fees and travel allowances. For instance, institutions must verify that students are awarded fees of a prescribed kind, such as tuition and examination fees, and not those related to residence or voluntary payments (Regulation 10a(2)). Similarly, institutions must confirm that students who receive living allowances are granted the appropriate travel allowances for journeys related to the commencement, vacation, and completion of their courses (Regulation 11a). Additionally, institutions must adhere to the new provisions for living and incidentals allowances, ensuring that eligible students receive these allowances as stipulated (Regulations 13 and 14). These obligations ensure that the provisions of the Regulations are properly implemented and that students receive the support to which they are entitled. Any breach of these Regulations may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text, it is implied that failure to comply with the requirements for granting fees, travel allowances, and allowances could lead to penalties under the Education Act 1945-1973 or other relevant legislation. Non-compliance might also result in students not receiving the support to which they are entitled, potentially affecting their ability to complete their courses. Institutions found to be in breach may face scrutiny, fines, or other administrative actions as prescribed by the governing legislation. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the Education Act or other related laws.

Area of Law: Education Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Enforcement Powers; Regulatory Standards

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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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