Student Assistance Regulations (Amendment)

Legislation au C2004L01100 Regulations Not in force Legislative Instrument

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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).

Overview

The Student Assistance Amendment Act 1989 was enacted to amend the Student Assistance Act 1973, addressing the need to update the legislative framework governing the AUSTUDY scheme and Post-graduate Awards in response to changes in the higher education sector. The Act was introduced by the Parliament of Australia to reflect the abolition of the binary funding system for higher education and to streamline the terminology used within the legislative framework. This change was aimed at ensuring that the legislation remains relevant and effective in supporting students in their educational pursuits. The regulations consequential on this Act, the Student Assistance Regulations (Amendment) 1989, further refine the legislative provisions by replacing the terms "advanced education institution" and "university" with the term "higher education institution." This change aligns with the updated terminology in the Student Assistance Act 1973 and formalises the previously informal reference to the AUSTUDY scheme. The policy objective of these amendments is to provide a cohesive and modernised legislative basis for the administration of student assistance programs, facilitating better support for students within the higher education sector.

Scope and Application

The Student Assistance Regulations (Amendment) Statutory Rules 1989 are consequential amendments to the Student Assistance Regulations 1973, implementing changes introduced by the Student Assistance Amendment Act 1989. These regulations apply to individuals and entities involved in the AUSTUDY scheme and Post-graduate Awards, specifically those who are students or are seeking to become students at higher education institutions, as well as the institutions themselves. The term "higher education institution" replaces the previous terms "advanced education institution" and "university," reflecting the unified higher education system in Australia. The regulations have a national reach, aligning with the broader legislative framework established by the Student Assistance Act 1973. The amendments streamline the definitions and terminology used in the regulations, removing outdated terms such as "full-time student" and updating references to match the legislative changes in the Student Assistance Amendment Act 1989. The regulations also provide for the possibility of further institutions being declared under the Higher Education Funding Act 1988. These Statutory Rules commence on the same day as the amending Act, effective from 1 January 1990, and are made under the authority of the Acts Interpretation Act 1901 to facilitate the transition to the new legislative framework.

Key Provisions

The key operative sections of the Student Assistance Regulations (Amendment) (C2004L01100) primarily involve the replacement and clarification of terms used within the Student Assistance Act 1973 and the Student Assistance Regulations. Regulation 2 (paragraph 10) replaces the terms “advanced education institution” and “university” with “higher education institution” to reflect the abolition of the binary funding system for higher education. This change aligns the regulations with amendments made by the Student Assistance Amendment Act 1989. Regulation 4 (paragraph 14) introduces a new heading for Part III of the Principal Regulations, now referring to it as the “AUSTUDY scheme,” which is consistent with the amendment in the Principal Act. Regulation 5 (paragraphs 15-18) updates definitions in regulation 29 to reflect the new terminology and removes the definition of “full-time student,” which is no longer necessary following the repeal of related sections in the Principal Act. The obligations and requirements imposed by the regulations primarily focus on ensuring that the terminology within the regulations is consistent with the legislative changes made by the Student Assistance Amendment Act 1989. For instance, institutions previously classified as “advanced education institutions” or “universities” must now be considered “higher education institutions” under the new definitions provided in regulation 4 (paragraphs 10-12). This change necessitates that all references to educational institutions within the regulations be updated accordingly. The amendments also involve redrafting definitions and headings to reflect the new terminology and scheme structure, ensuring that the regulations remain coherent and aligned with the updated legislative framework. The Student Assistance Regulations (Amendment) does not explicitly state any new offences, penalties, or civil/criminal consequences for breaches. However, breaches of the Student Assistance Act 1973 or the Student Assistance Regulations generally may result in penalties as stipulated in the original Act. Typically, such penalties can include fines or other civil penalties for non-compliance. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions that might be introduced by future legislation. It is essential for entities governed by these regulations to ensure compliance to avoid any potential penalties or consequences.

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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.