Student Assistance Amendment Act (No. 2) 1991

Overview

The Student Assistance Amendment Act (No. 2) 1991, enacted by the Parliament of Australia, was designed to amend the Student Assistance Act 1973. The primary objective of this amendment was to address certain gaps and problems in the existing student assistance framework, particularly by ensuring the applicability of the Act to additional territories and enhancing the administration of student assistance payments. This amendment also aimed to streamline the appropriation of funds for student assistance benefits by specifying that payments, including advances on account of benefits, would be made out of the Consolidated Revenue Fund. The Act was structured to commence in phases, with certain provisions taking effect immediately upon Royal Assent, while others were scheduled for implementation on 1 January 1992.

Scope and Application

The Student Assistance Amendment Act (No. 2) 1991 amends the Student Assistance Act 1973 to update and extend the application of student assistance provisions. This Act applies to payments made on or after 1 January 1992, and it extends to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, in addition to the existing jurisdictional reach. The Act applies to various student assistance schemes, including the AUSTUDY scheme, the Assistance for Isolated Children Scheme, and the ABSTUDY Scheme, by making appropriations for these benefits from the Consolidated Revenue Fund. The Act also modifies the definitions within the Principal Act to reflect changes in terminology and the inclusion of new schemes, while repealing certain provisions to streamline the legislative framework.

Key Provisions

The Student Assistance Amendment Act (No. 2) 1991 makes several significant changes to the existing Student Assistance Act 1973. Key sections of the Act include the amendment of definitions, extension of the Act's applicability, and changes to the payment and appropriation processes. Section 4 amends the definition of "current special educational assistance scheme" by removing certain references and adding a new definition to "former special educational assistance scheme" (subsection 4(a), (b), (c)). This ensures that the Living Allowance for English as a Second Language Scheme is correctly classified and included in the legislation. Section 5A extends the Act to apply to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (subsection 5A). This extension broadens the scope of the legislation to encompass students from these territories. The obligations and requirements imposed by this Act are primarily centred around the administration and payment of benefits under various schemes. The Act mandates that payments for the AUSTUDY scheme, the Assistance for Isolated Children Scheme, and the ABSTUDY Scheme are to be made from the Consolidated Revenue Fund (subsection 55A(1)). This appropriation ensures that funds are sourced from the government's general revenue and appropriately allocated to these educational assistance programs. Additionally, the Act mandates that any advances on account of benefits are to be treated as part of the overall benefit (subsection 55A(2)). The removal of subsection 11(2) streamlines the process by which these advances are administered, ensuring that the procedures are clear and efficient. In terms of penalties and consequences for non-compliance, the Act does not explicitly outline specific offences or penalties within the provided text. However, given the nature of the changes, any failure to comply with the mandated appropriations or the proper administration of benefits could potentially lead to legal or financial repercussions. These might include the need for corrective actions by the relevant authorities to ensure that funds are correctly allocated and benefits are properly disbursed to eligible students. The absence of explicit penalties in the provided excerpt suggests that broader administrative and legal frameworks would govern any consequences of non-compliance.