Student Assistance Regulations (Amendment)

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1975 No. 219

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973.*

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

Dated this twenty-second day of December, 1975.

John R. Kerr

Governor-General.

By His Excellency’s Command,

Minister of State for Education.

Amendments of the Student Assistance Regulations†

Commencement.

1. (1) The amendment effected by regulation 7 shall be deemed to have come into operation on 15 October 1974.

(2) Sub-regulation 2(2) and regulations 3, 4, 5, 6, 8, 9, 10 and 11 shall come into operation on 1 January 1976.

Eligibility

2. (1) Regulation 34 of the Student Assistance Regulations is amended by omitting from sub-regulation (1) the figures and word “ 34b and 34c ” and substituting the figures and word “ 34b, 34C and 34d ”.

(2) Regulation 34 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (1) of sub-regulation (1) the word “ or ” (last occurring);

(b) by adding at the end of paragraph (m) of sub-regulation (1) the word “ ;or ”;

“ (n) if—

(i) the final 2 years of study in the approved course consist of a year of study at honours level in one field of study

* Notified in the Australian Government Gazette on 23 December, 1975.

† Statutory Rules 1974, No. 179, as amended by Statutory Rules 1974, Nos. 235 and 258; and 1975, Nos. 136 and 203.

18145/75—Recommemded retail price 8c 10/15.12.1975

in the first of those years of study and a year of study at honours level in another field of study in the second of those years of study;

(ii) he is undertaking, or proposes to undertake, study at honours level, in the last-mentioned field of study in the second of those years of study; and

(iii) has not succeeded in the first of those years of study in attaining honours in the first-mentioned field of study at a level equal to or greater than upper second class honours.”; and

(d) by omitting from sub-regulation (11) the words “the year’s work undertaken by the applicant consisted wholly or substantially ” and substituting the words “ more than one-half of the year’s work undertaken by the applicant consisted ”.

Prescribed fees.

3. Regulation 40 of the Student Assistance Regulations is repealed.

Living allowance— students deemed to be of independent status.

4. Regulation 41 of the Student Assistance Regulations is amended by omitting sub-regulation (6) and substituting the following sub-regulations:—

“ (6) Subject to sub-regulation (6a), where living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of a grantee and the dependants of the grantee, and the grantee has a child or children wholly or substantially dependent on the grantee, the rate at which living allowance is payable in respect of the grantee and the dependants of the grantee shall be increased by $7 per week for each such child,

“ (6a) Where a child is substantially dependent on two grantees in respect of each of whom, or in respect of each of whom and whose dependants, living allowance is payable under sub-regulation (3), the rate of living allowance payable in respect only of the female grantee, or in respect only of the female grantee and her dependants, shall be increased under sub-regulation (6) in respect of that child.”.

Living allowance— other students.

5 Regulation 42 of the Student Assistance Regulations is amended by inserting after sub-regulation (14) the following sub-regulation:—

“ (14a) For the purposes of sub-regulations (12) and (13), in computing the income in the relevant year of a brother or sister referred to in paragraph (12) (b), money received by the brother or sister from employment undertaken or engaged in during the months of January, February, November and December of that year shall be disregarded.”.

Fares allowance.

6. Regulation 47 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2) the word “ or ” (last occurring);

(b) by adding at the end of paragraph (b) of sub-regulation (2) the word “ ; or ”;

“ (c) a grantee whose permanent home is not within Australia.”; and

(d) by adding at the end thereof the following sub-regulation:—

“ (9) In this regulation, ‘ Australia ’ includes an External Territory.”.

7. Regulation 69 of the Student Assistance Regulations is repealed and the following regulation substituted:—

Payments in relation to the cost of a post-graduate course.

“ 69. (1) For the purposes of paragraph 15 (a) of the Act there is payable—

(a) in relation to the cost in the relevant year of the course undertaken by the holder of a Research Award—the amount of $500; and

(b) in relation to the cost of that course in each subsequent year in which the holder undertakes full-time studies for a period, or periods in the aggregate, exceeding 3 months—the amount of—

(i) where the holder undertakes full-time studies in his postgraduate course for a period, or periods in the aggregate, of less than 6 months in that year—$250; or

(ii) where the holder undertakes full-time studies in his postgraduate course for a period, or periods in the aggregate, of 6 months or more in that year—$500.

“ (2) Sub-regulation (1) does not apply in relation to the cost in the year commencing 1 January 1976, or in a subsequent year, of the course undertaken by the holder of a Research Award.”.

Thesis allowance.

8. Regulation 72 of the Student Assistance Regulations is amended by inserting in sub-regulation (1) after the word “ furnished ” the words “ , not later than 24 months after the date of termination or expiry of the Award,”.

Establishment allowance.

9. Regulation 73 of the Student Assistance Regulations is amended by omitting paragraphs (c) and (d) and substituting the following paragraphs:—

“ (c) in the case of a holder who—

(i) has a spouse, not being a spouse who is living separately and apart from the holder; or

(ii) has a child, or children, wholly or substantially dependent on him—•

$150; or

(d) in any other case—$75.”.

Fares allowance.

10. Regulation 74 of the Student Assistance Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (1) and substituting the following paragraphs:—

“ (a) who normally resides at a place in Australia other than the town or city in which the. university or advanced education institution in respect of which his Award has been granted is situated, makes a journey from that place to that town or city for the purpose of commencing his post-graduate course;

(aa) who, having—

(i) resided continuously outside Australia during the prescribed period; and

(ii) travelled in the relevant year to Australia for the purpose of commencing his post-graduate course,

makes a journey for that purpose from his place of entry into Australia to the town or city in which the university or advanced education institution in respect of which his Award has been granted is situated; or ”; and

(b) by adding at the end thereof the following sub-regulation:—

“ (6) In this regulation—

‘ Australia ’ includes an External Territory;

‘ place of entry into Australia ’, in relation to a holder, means the place at which the holder first arrives in Australia, whether or not he finally disembarks at that place from the vessel in which he travelled to Australia;

‘ prescribed period ’, in relation to a holder, means the period of 12 months ending on the day on which the holder arrives at his place of entry into Australia;

‘ vessel ’ includes aircraft.”.

Notice to be given of certain matters in relation to a grantee of Assistance.

11. Regulation 85 of the Student Assistance Regulations is amended—

(a) by omitting paragraphs (f), (g) and (h) of sub-regulation (1) and substituting the following paragraphs:—

“ (f) the grantee becomes divorced;

(g) the spouse of the grantee dies;

(h) the spouse of the grantee ceases to reside permanently with the grantee;”;

(b) by inserting after paragraph (n) of sub-regulation (1) the following paragraph:—

“ (na) the rate at which living allowance is payable in respect of the grantee, or in respect of the .grantee and his dependants, is reduced by virtue of an increase in the income in the relevant year, from all sources, of the spouse of the grantee;”; and

(c) by omitting from paragraph (q) of sub-regulation (1) the word and figures “ sub-regulation 42 (12) ” and substituting the word and figures “ sub-regulation 42 (14) ”.

Printed by Authority by the Government Printer of Australia

Overview

The Student Assistance Regulations 1975 are regulations made under the Student Assistance Act 1973 by the Governor-General of Australia, acting on the advice of the Executive Council. These regulations aim to provide detailed provisions for the administration of student assistance, including eligibility criteria, prescribed fees, allowances, and other matters related to student assistance. They were designed to address the need for comprehensive guidelines to effectively implement the provisions of the Student Assistance Act. The enacting body is the Governor-General, and the policy objective is to ensure that students receive the necessary financial support to pursue their education. The regulations include amendments to various sections, such as eligibility criteria for student assistance, the rates of living allowances for students with dependents, the computation of income for siblings, and the provisions for postgraduate students. These amendments aim to refine the assistance framework to better cater to the diverse needs of students, ensuring that the support provided is both fair and adequate. The regulations also clarify definitions and include provisions for external territories, ensuring that the assistance scheme is comprehensive and inclusive.

Scope and Application

The Student Assistance Regulations made under the Student Assistance Act 1973 apply to individuals who are or wish to be recipients of student assistance, as well as to educational institutions that provide courses of study for which such assistance may be sought. These regulations govern the eligibility criteria for receiving various forms of student assistance, including living allowances, fares allowances, and other financial support, and outline the conditions under which these benefits are granted. The scope of the regulations is nationwide, as they are federal regulations applicable across Australia, including its External Territories. The regulations specifically exclude certain individuals and situations, such as those who have not met the eligibility criteria set out in the Act and its regulations, and certain income sources that are disregarded in calculating a student's eligibility for assistance. The application of these regulations can be extended or modified through subordinate instruments, which may introduce further specific conditions or adjustments to the eligibility criteria and benefits.

Key Provisions

The main operative sections of these Regulations amend the Student Assistance Regulations in several key ways. Regulation 2 modifies the eligibility criteria for student assistance, particularly for students undertaking honours-level studies. Regulation 4 changes the living allowance for students deemed to be of independent status, including an increase for each child the student has who is wholly or substantially dependent on them. Regulation 5 amends the computation of income for the purposes of determining living allowance for other students. Regulation 6 modifies the fares allowance to include grantees whose permanent home is outside Australia. Regulation 7 introduces new provisions for payments related to the cost of post-graduate courses. Regulation 8 requires that a thesis be furnished not later than 24 months after the Award terminates or expires. Regulation 9 revises the establishment allowance based on whether the holder has a spouse or dependent children. Regulation 10 expands the definition of who is eligible for a fares allowance in relation to post-graduate courses. Finally, Regulation 11 updates the notice requirements for certain changes in the circumstances of a grantee, such as divorce, death of a spouse, or changes in spousal residency. These Regulations impose various obligations on students and the entities administering student assistance. Students must meet the updated eligibility criteria, particularly concerning the completion of honours-level studies and the timing of thesis submissions. They must also report changes in their personal circumstances, such as divorce, death of a spouse, or changes in spousal residency, to the appropriate authorities. The regulations require that students provide accurate information about their income and dependents to ensure they receive the correct living allowance. Additionally, institutions are required to compute and adjust allowances based on the students' reported circumstances and the specific provisions outlined in the Regulations. Failure to comply with the provisions of these Regulations can result in civil consequences. For instance, students who do not meet the eligibility criteria or fail to report changes in their circumstances may not receive the assistance they are entitled to. Those who provide inaccurate information about their income or dependents may receive an incorrect living allowance, which could lead to overpayments or underpayments that need to be rectified. Additionally, institutions that fail to correctly compute and adjust allowances according to the Regulations may face administrative penalties. While the specific penalties for non-compliance are not detailed in the Regulations, they could include financial penalties, corrective actions, or other administrative measures to ensure compliance with the student assistance provisions. The Regulations do not explicitly outline criminal offences or penalties for breach; however, the failure to comply with the notice requirements or provide accurate information could potentially lead to administrative consequences. The maximum penalties for such breaches are not specified within the text, but they could include fines or other civil penalties as determined by the relevant authorities. Furthermore, institutions or individuals who deliberately provide false information to obtain student assistance could face more severe penalties, potentially including criminal charges for fraud or similar offences under broader legislative frameworks.

Area of Law: Education Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Eligibility; Reporting & Disclosure Obligations; 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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