EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Education Services
STATUTORY RULES NO. 403 of 1989
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
1. The Student Assistance Act 1973 (the Principal Act) and the Student Assistance Regulations (the Principal Regulations) provide the legislative authority for the AUSTUDY scheme and for Post-graduate Awards. Section 36 of the Principal Act contains the regulation-making power.
2. The present Statutory Rules are consequential on amendments to the Act made by the Student Assistance Amendment Act 1989, No. 76 of 1989 (the amending Act).
3. The main change in the present Statutory Rules is the replacement of the expressions “advanced education institution” and “university” with the expression “higher education institution”. This is consequential on corresponding amendments to the Principal Act made by the amending Act. The change reflects the abolition of the binary funding system for higher education.
4.. The present Statutory Rules also reflect provisions in the amending Act introducing the expression “AUSTUDY scheme”. The scheme administered under Part III of the Principal Regulations has been informally referred to as “AUSTUDY” since 1987, since Part III of the Principal Act was amended to include assistance for secondary students.
5. The present Statutory Rules are made pursuant to section 4 of the Acts Interpretation Act, which enables amendments to be made to regulations in anticipation of an Act that has not yet come into operation.
6. Under section 4(2) of the Acts Interpretation Act, the present Statutory Rules commence on the later of the commencement date for the amending Act and the gazettal date for these Statutory Rules. The present Statutory Rules therefore commence on the same day as the amending Act, 1 January 1990 (see section 2(3) of the amending Act).
7. Details of the provisions of the present Statutory Rules are attached.
Details of amendments
Introductory words
8. The introductory words specify that the present Statutory Rules are made pursuant to section 4 of the Acts Interpretation Act.
Regulation 1: Principal Regulations
9. Regulation 1 provides that the Student Assistance Regulations are referred to as the Principal Regulations.
Regulation 2: Meaning of “higher education institution”
10. Regulation 2 repeals regulations 4 and 4A, which defined “advanced education institution” and “university” respectively. It substitutes a new regulation 4, which defines “higher education institution”, which is defined in terms of section 34(4) of the Higher Education Funding Act 1988.
11. Section 34(4)(a) picks up institutions referred to in section 4 of the Higher Education Funding Act, except for Marcus Oldham College of Farm Management. Marcus Oldham College is therefore listed individually in the definition in regulation 4.
12. Section 4(2) of the Higher Education Funding Act enables the Minister to declare additional institutions to be included as a section 4 institution. Any such institutions would be picked up by section 34(4) of that Act, and so included as higher education institutions for AUSTUDY purposes.
Regulation 3: Meaning of “permanent resident”
13. Regulation 3 simplifies the drafting of the definition of “permanent resident” by omitting references to “classes of person”. The amendment is consequential on the amendment to the definition of “permanent resident” in the Principal Act.
Regulation 4: New Part heading
14. Regulation 4 inserts a new heading for Part III of the Principal Regulations. It reflects section 6 of the amending Act, which changed the heading of Part III of the Principal Act to “AUSTUDY scheme”.
Regulation 5: Interpretation
15. Regulation 5 amends regulation 29, which defines expressions used in Part III of the Principal Regulations. Part III deals with the AUSTUDY scheme.
16. Paragraph 5(a) reflects sections 6 and 7 of the amending Act, which introduce the expression “AUSTUDY scheme” into the Principal Act.
17. Paragraphs 5(b) and 5(c) are consequential on the introduction of the new expression “higher education institution”.
18. Paragraph 5(d) omits the definition of “full-time student”. The definition was made pursuant to the definition of “full-time student” in section 5(1) of the Principal Act; the expression was used in section 11(a) of Part III of the Principal Act.
A definition of “full-time student” is no longer needed in relation to AUSTUDY because the amending Act has repealed section 11(a) so that Part III of the Principal Act no longer contains the expression “full-time student”.
Regulation 6: New Division heading
19. Regulation 6 inserts a new heading for Division 1A of Part III of the Principal Regulations. The new heading reflects section 6 of the amending Act, which changes the heading of Part III of the Principal Act to “AUSTUDY scheme”.
Regulation 7: Ineligibility: previous study and other reasons
20. Regulation 7 amends regulation 34 of the Principal Regulations, which sets out the AUSTUDY provisions relating to a student’s academic history. The amendments contained in regulation 7 are consequential on the introduction of the new expression “higher education institution”.
Regulation 8: Ineligibility: adult secondary students - repeat year of secondary study
21. Regulation 8 amends regulation 34E of the Principal Regulations, which sets out the AUSTUDY requirements relating to academic progress for adult secondary students. The amendments made by regulation 8 are consequential on the introduction of the new expression “higher education institution”.
Regulation 9: New Division heading
22. Regulation 9 inserts a new heading for Division 2 of Part III of the Principal Regulations. The new heading reflects section 6 of the amending Act, which changes the heading of Part III of the Principal Act to “AUSTUDY scheme”.
Regulation 10: Interpretation of regulations 44B, 44C, 44D and 44E
23. Regulation 10 amends regulation 44A of the Principal Regulations, which defines expressions used in the AUSTUDY workload provisions (regulations 44B to 44E). The amendments made by regulation 10 are consequential on the introduction of the new expression “higher education institution”.
Regulation 11: Interpretation; Part IV
24. Regulation 11 amends regulation 49A of the Principal Regulations, which defines expressions used in Part IV of the Principal Regulations; Part IV deals with Post-graduate Awards. The amendments made by regulation 11 are consequential on the introduction of the new expression “higher education institution”.
Regulation 12: Repeal
25. Regulation 12 repeals Schedule 1 of the Principal Regulations, which listed institutions that were to be included in the former definition of “advanced education institution”. The repeal is consequential on the repeal of the definition of “advanced education institution” by regulation 2 of the present Statutory Regulations.
26. All institutions listed in Schedule 1 that still offer courses come within the new definition of “higher education institution” in new regulation 4 of the Principal Regulations (inserted by regulation 2 of these Statutory Rules).