Student Assistance Amendment Act 1986

Administered by Department of Education, Employment and Workplace Relations

Legislation au C2004A03355 Not in force Act

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No. 114 of 1986

An Act to amend the Student Assistance Act 1973, and for related purposes

[Assented to 4 November 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Student Assistance Amendment Act 1986.

(2) The Student Assistance Act 19731 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Benefits provided under this Act

3. Section 4 of the Principal Act is amended by omitting “Tertiary”.

Interpretation

4. Section 5 of the Principal Act is amended—

(a) by inserting after the definition of “authorized person” in sub-section (1) the following definition:

“ ‘education institution’ means—

(a) a university;

(b) an advanced education institution;

(d) a secondary school,

and includes any other educational institution, or any other institution, authority or body, in Australia that, under the regulations, is to be treated as an education institution for the purposes of this Act;”;

(b) by omitting “includes” from the definition of “full-time student” in sub-section (1) and substituting “means”;

“ ‘secondary school’ means a school in Australia that, under the regulations, is to be treated as a secondary school for the purposes of this Act;”;

(d) by omitting “Tertiary” from the definition of “student assistance” in sub-section (1);

(e) by omitting from sub-section (1) the definitions of “tertiary education institution” and “university” and substituting the following definition:

“ ‘university’ means an educational institution in Australia that, under the regulations, is to be treated as a university for the purposes of this Act.”; and

(f) by omitting sub-section (2) and substituting the following sub-section:

“(2) For the purposes of the definitions of ‘advanced education institution’, ‘education institution’, ‘secondary school’, ‘technical and further education institution’ and ‘university’ in sub-section (1), a reference to Australia includes a reference to the Territory of Christmas Island.”.

5. Part III of the Principal Act is repealed and the following Part is substituted:

“PART III—EDUCATION ASSISTANCE

Education Assistance

“10. An authorised person may, subject to and in accordance with the regulations, approve the grant of Education Assistance to a person who is

an Australian citizen or a permanent resident of Australia and is undertaking, or proposes to undertake, at an education institution—

(a) a course of study or instruction that the Minister has determined in writing is—

(i) a secondary course for the purposes of this section; or

(ii) a tertiary course for the purposes of this section; or

(b) a part of a course of study or instruction, being a part that the Minister has determined in writing is—

(i) a part of a secondary course for the purposes of this section; or

(ii) a part of a tertiary course for the purposes of this section.

Benefit under Education Assistance

“11. Benefit under Education Assistance granted to a person shall consist of—

(a) where the person is a full-time student, the payment of such amount of living allowance as is payable under the regulations in respect of the person or in respect of the person and any dependants of the person; and

(b) the payment of such other allowances, if any, as are payable in accordance with the regulations.”.

Grant of Post-graduate Awards

6. Section 14 of the Principal Act is amended by inserting “in writing” after “Minister” (wherever occurring).

7. After section 31 of the Principal Act the following section is inserted:

Adjustment of benefit

“31A. Notwithstanding any other provision of this Act, where—

(a) an amount has been paid by way of benefit under the Social Security Act 1947 that, because of paragraph 133 (1) (a) of that Act, is not payable; and

(b) the person to whom that amount was paid is receiving, or is entitled to receive, benefit payable under student assistance,

then, unless action is taken under section 140, or sub-section 146 (1), of that Act in relation to that amount, an amount equal to that amount may be deducted from that benefit payable under student assistance and, where the deduction is made, the person is not required to repay that first-mentioned amount.”.

Saving

8. Where, immediately before the commencement of this Act, an institution, authority or body was, under the regulations in force under the Principal Act, to be treated as a tertiary education institution for the purposes of the Principal Act, that institution, authority or body shall, unless

and until the regulations otherwise provide, be deemed to be an education institution for the purposes of the Principal Act as amended and in force after the commencement of this Act.

Transitional

9. Notwithstanding the amendments of the Principal Act made by this Act—

(a) the Principal Act, as in force immediately before the commencement of this Act, continues to apply in respect of grants, and applications for grants, of Tertiary Education Assistance in respect of study or instruction undertaken before the commencement of this Act; and

(b) without limiting the generality of paragraph (a), grants of Tertiary Education Assistance may, after the commencement of this Act, be approved under section 10 of the Principal Act, as so in force, in respect of study or instruction so undertaken.

NOTE

1. No. 155, 1973, as amended. For previous amendments, see No. 37, 1976; No. 26, 1982; Nos. 63, 72 and 120, 1984; and No. 137, 1985.

[Minister’s second reading speech—

made in Senate on 8 October 1986

tabled in House of Representatives on 20 October 1986]

Overview

The Student Assistance Amendment Act 1986, enacted by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, amends the Student Assistance Act 1973 to broaden the scope of education assistance provided to students. This Act responds to the need for a more inclusive definition of educational institutions and courses eligible for student assistance, ensuring that support extends to secondary and technical education, not just tertiary education. By redefining terms such as "education institution" and "full-time student," the Act seeks to streamline the administration of student assistance and ensure that it remains relevant and accessible to a wider range of students. The policy objective is to provide comprehensive support to students pursuing various educational pathways, thereby fostering educational equity and accessibility across different levels of education in Australia.

Scope and Application

The Student Assistance Amendment Act 1986 amends the Student Assistance Act 1973 to revise the scope and definition of student assistance, extending it to encompass a broader range of educational institutions and types of courses. The Act applies to Australian citizens and permanent residents who are enrolled in, or planning to enrol in, educational institutions such as universities, advanced education institutions, technical and further education institutions, and secondary schools. The geographic reach of this Act is national, including the Territory of Christmas Island, and it encompasses all educational institutions that are recognised under regulations as qualifying for the purposes of this Act. The Act includes provisions for the payment of living allowances and other benefits, subject to the regulations, and allows for the deduction of certain social security benefits from student assistance payments under specific circumstances. The regulations can further extend or restrict the application of the Act by detailing the specific criteria for institutions and courses that qualify for assistance.

Key Provisions

The Student Assistance Amendment Act 1986 makes several changes to the Student Assistance Act 1973, including amendments to the definitions and scope of education assistance, and adjustments to the conditions under which assistance is granted. Section 4 of the Act redefines key terms such as "education institution" to include universities, advanced education institutions, technical and further education institutions, and secondary schools. It also removes the previous reference to "tertiary education institution" and "university" in the definitions and replaces them with a new definition for "university" that aligns with the regulations. The Act also introduces the concept of "Education Assistance" in place of the previous "Tertiary Education Assistance" and extends the eligibility to include secondary courses. Under the new provisions, an authorised person can approve the grant of Education Assistance to Australian citizens or permanent residents who are enrolled or planning to enroll in courses at education institutions. This assistance includes living allowances and other specified allowances as determined by regulations. The Act further outlines that Education Assistance may be adjusted if a person has received payments under the Social Security Act 1947 that are not payable due to certain conditions, and this amount may be deducted from the Education Assistance they are receiving or entitled to receive. The obligations imposed by the Act on the parties it governs primarily involve the adherence to the newly defined terms and conditions for the grant of Education Assistance. Authorised persons must ensure that Education Assistance is granted in accordance with the regulations, and educational institutions must meet the criteria set forth to be considered eligible for the purposes of this Act. Additionally, recipients of Education Assistance must comply with any conditions or requirements stipulated by the regulations. Failure to comply with the provisions of the Act may result in civil or criminal consequences, although the Act itself does not explicitly state penalties. However, the regulations implementing the Act may specify the penalties for non-compliance, which could include fines or other legal repercussions. The specific details of these penalties would be found in the regulations made under the Act.

Area of Law: Education Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Transitional Provisions; Licensing & Registration; Compliance Obligations

Interactions

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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