Student Assistance Regulations (Amendment)

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Statutory Rules

1978 No. 263

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Student Assistance Act 1973.

Dated this Fourteenth day of December, 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Education

 

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS†

Interpretation

1. Regulation 29 of the Student Assistance Regulations is amended—

(a) by omitting sub-regulation (5) and substituting the following sub-regulations:

“(4a) A reference in paragraph (3) (a) or (b) to employment or other work does not include a reference to a period of study in an approved course, whether or not payment is made in respect of that study.

“(5) For the purposes of this Part, the prescribed margin in relation to a grantee in respect of a relevant period is—

(a) in the case of a grantee who is of independent status—the amount calculated in accordance with the formula—

* Notified in the Commonwealth of Australia Gazette on 21 December, 1978

† Statutory Rules 1974 No. 179 as amended by Statutory Rules 1974 Nos. 235 and 258; Nos. 136, 203 and 219; 1976, Nos. 92, 121, 286, 287, 292 and 293; 1977 Nos. 147, 209, 210, 211, 219, 242 and 243; and 1978 No. 108 148 and 000.

14344/78 Cat. No. —Recommended retail price 10c  12/21.11.1978


(b) in any other case—the amount calculated in accordance With the formula—

(b) by omitting paragraphs (a) and (b) of sub-regulation (7) and substituting the following paragraphs:

“(a) prescribed proportion P is an amount equal to the sum of the following amounts:

(i) the amount (if any) payable under sub-regulation 42 (19) in respect of the grantee;

(ii) the amount calculated in accordance with the formula—

(b) prescribed proportion O is an amount equal to the sum of the following amounts:

(i) the amount (if any) payable under sub-regulation 42 (19) in respect of the grantee;

(ii) the amount calculated in accordance with the formula—

Ineligibility— other circumstances

2. Regulation 34 of the Student Assistance Regulations is amended by inserting in paragraph (a) of sub-regulation (1) “or second” after “first”.

Living allowance— other students

3. Regulation 42 of the Student Assistance Regulations is amended by adding at the end thereof the following sub-regulations:

“(19) Where living allowance is payable under sub-regulation (3) or (12) in respect of a grantee, or in respect of a grantee and his dependants, the rate at which living allowance is so payable is increased by $5.25 per week in respect of the period that commences on the next practicable payday.

(20) For the purposes of sub-regulation (19), the next practicable pay-day is—

(a) in the case of a grantee whose application for Assistance was approved, by an authorized person on a day that is less than 4 working days before a payday—the next succeeding payday after that payday; and

(b) in any other case—the next succeeding payday after the day on which the grantee’s application for Assistance was so approved.

(21) In sub-regulation (20) —

‘payday’ means a day in the relevant year determined by the Minister by notice published in the Gazette as being a payday in respect of the payment of Assistance; and

‘working day’ means a day other than a Saturday, a Sunday or a public holiday.”.

Notice to be given of certain matters in relation to the holder of an award

4. Regulation 86 of the Student Assistance Regulations is amended by omitting paragraph (b) of sub-regulation (1) and substituting the following paragraphs:

“(b) the holder discontinues his full-time studies in the postgraduate course in respect of which he is a holder;

(ba) the holder commences full-time studies in a post-graduate course other than the post-graduate course in respect of which he is a holder;”.

Application

5. The amendments of the Student Assistance Regulations effected by these Regulations apply in relation to the grant of Tertiary Education Assistance in respect, of a period commencing on or after January 1979.

Printed by Authority by the Commonwealth Government Printer

Overview

The Student Assistance Regulations, enacted in 1978, are statutory instruments made under the authority of the Student Assistance Act 1973. These regulations aim to provide a framework for administering student assistance within Australia, addressing the need for structured financial support for students. Enacted by the Governor-General of the Commonwealth of Australia, these regulations are designed to streamline and update the administration of student assistance, ensuring that it meets the evolving needs of students and educational institutions. The overarching policy objective is to provide necessary financial support to students to facilitate their education and reduce the economic burden associated with tertiary studies.

Scope and Application

The Student Assistance Regulations 1978, made under the Student Assistance Act 1973, apply to students seeking tertiary education assistance within the Commonwealth of Australia. These regulations govern the eligibility criteria, ineligibility circumstances, and the process for applying for and receiving student assistance. They pertain specifically to students who are enrolled in approved courses at eligible educational institutions and are seeking financial support through the Tertiary Education Assistance scheme. The regulations also cover the calculation of prescribed margins and living allowances, which are financial support components provided to students or their dependants. The amendments to the regulations, which include changes to the interpretation of employment, ineligibility criteria, and adjustments to living allowances, apply to grants of Tertiary Education Assistance for periods commencing on or after January 1979. The regulations do not specify exclusions or exemptions but are subject to the broader terms and conditions of the Student Assistance Act 1973. The scope of the regulations extends to all students who meet the eligibility criteria and are seeking assistance under the Act, thereby impacting a wide range of individuals within the Australian education sector.

Key Provisions

The Student Assistance Regulations (1978) made under the Student Assistance Act 1973, include several significant amendments. Regulation 29 has been revised to clarify that periods of study in an approved course are not considered as employment or other work, thereby excluding them from certain definitions (sub-regulation (4a)). Additionally, the prescribed margin for grantees has been adjusted, with specific formulas provided for independent grantees and others (sub-regulations (4a) and (5)). Sub-regulation (7) has been updated to define "prescribed proportion P" and "prescribed proportion O" with new formulas that include specific amounts and calculations. These amendments impose certain obligations on the parties governed by these regulations. For instance, the new definitions and formulas in Regulation 29 require precise calculations and adherence to the specified criteria when determining the prescribed margin for grantees. This includes understanding and applying the provided formulas accurately to ensure compliance with the regulations. Furthermore, the changes in Regulation 42 necessitate that living allowances be increased by $5.25 per week for certain grantees, with specific timelines and definitions for "payday" and "working day" to guide the implementation of these changes. The Student Assistance Regulations also establish consequences for non-compliance. For example, failure to accurately apply the new definitions and formulas in Regulation 29 could result in incorrect calculations of prescribed margins, potentially leading to legal disputes or administrative penalties. Similarly, not adhering to the new timelines and definitions in Regulation 42 for increasing living allowances could lead to grievances from grantees and possible corrective actions. While the specific penalties for breaches are not detailed in the text, it is common for such non-compliance to result in financial adjustments, administrative sanctions, or legal proceedings depending on the severity and impact of the breach.

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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.