Student Assistance Regulations (Amendment)

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1977 No. 209

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 third day of November 1977.

John R. Kerr

Governor-General

By His Excellency’s Command,

Minister of State for Education

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS †

1. Regulation 4 of the Student Assistance Regulations is repealed and the following regulation substituted:

Meaning of advanced education institution for the purposes of the Act

“ 4. For the purposes of the definition of ‘ advanced education institution ’ in section 5 of the Act, each of the educational institutions specified in Schedule 1 to these Regulations or in Schedule 2 to the Tertiary Education Commission Act 1977 is to be treated as an advanced education institution for the purposes of the Act.”.

Living allowance—special circumstances affecting income of parent in certain periods prior to the relevant year

2. Regulation 28 of the Student Assistance Regulations is amended by omitting from sub-regulation (2) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

* Notified in the Commonwealth of Australia Gazette on 9 November 1977.

† Statutory Rules 1974, No. 179 as amended by Statutory Rules 1974, Nos. 235 and 258; 1975, Nos. 136, 203 and 219; 1976, Nos. 92, 121, 286, 287, 292 and 293; and 1977, No. 147.

14117/77—Cat. No.—Recommended retail price 15c 14/7.10.1977

Living allowance—special circumstances affecting income of parent in the relevant year

3. Regulation 28a of the Student Assistance Regulations is amended by omitting from sub-regulation (2) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

Living allowance—special circumstances affecting income of parent in certain periods prior to the relevant year

4. Regulation 46 of the Student Assistance Regulations is amended by omitting from sub-regulation (3) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

Living allowance—special circumstances affecting income of parent in the relevant year

5. Regulation 46a of the Student Assistance Regulations is amended by omitting from sub-regulation (3) “ E is the number of days in the period of 12 months ending on that 30 June ” and substituting:

“ E is the number of days during which the first-mentioned person incurred those losses and outgoings in respect of which those deductions were so allowable ”.

Eligibility

6. Regulation 51 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (7) “ sub-regulation (8) ” and substituting “ sub-regulations (8) and (9) ”; and

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

“ (9) Sub-regulation (7) does not apply in respect of benefit or assistance, referred to in that sub-regulation, granted or awarded to an applicant in respect of—

(a) expense incurred, by the applicant in connexion with his post-graduate course other than expense in respect of which an allowance is payable under regulation 70, 71, 72, 73 or 74;

(b) expense incurred by the applicant by reason that it is impracticable for him to reside at his permanent home while undertaking his postgraduate course; or

Suspension during temporary discontinuation

7. Regulation 61 of the Student Assistance Regulations is amended by inserting in sub-regulation (1) “ other than for the purpose of undertaking research work outside Australia as part of his studies in his post-graduate course ” after “ reason ”.

Living allowance

8. Regulation 70 of the Student Assistance Regulations is amended by inserting after paragraph (a) of sub-regulation (2) the following paragraph:

“ (b) if sub-regulation (1) does not apply to the holder and the holder is a woman—

(i) who has a spouse who is a holder; and

(ii) who is not living separately and apart from her spouse,

and a child is dependent on the woman or her spouse—the amount ascertained in accordance with the formula—

where—

A is $4,000; and

B is an amount calculated on the basis of $390 for each such child;”.

Thesis allowance

9. Regulation 72 of the Student Assistance Regulations is amended—

(a) by omitting from sub-regulation (1) “ amounts paid ” and substituting “ expenses incurred ”; and

(b) by inserting in sub-regulation (1) “ or liability for payment ” after “ payment ”.

Application

10. (1) The amendment of the Student Assistance Regulations effected by regulation 1 applies in relation to the grant of Tertiary Education Assistance or a Post-graduate Award in respect of a period commencing on or after 1 January 1978.

(2) The amendments of the Student Assistance Regulations effected by regulations 2, 3, 4, 5, 6, 8 and 9 apply in relation to the grant of student assistance to which the Act applies in respect of a period commencing on or after 1 January 1977.

Non-reduction

11. (1) Notwithstanding regulations 2 and 3, where in respect of the year that commenced on 1 January 1977 the amount of benefit under a Senior Secondary Scholarship that would have been payable in respect of a person by virtue of the Student Assistance Regulations if regulations 2 and 3 had not come into operation exceeds the amount of benefit under the Senior Secondary Scholarship payable in respect of the person in respect of that year by virtue of the Student Assistance Regulations as amended by these Regulations, there is payable in respect of the person an amount equal to the amount of the excess.

(2) Notwithstanding regulations 4 and 5, where in respect of the year that commenced on 1 January 1977 the amount of benefit under Tertiary Education Assistance that would have been payable in respect of a person by virtue of the Student Assistance Regulations if regulations 4 and 5 had not come into operation exceeds the amount of benefit under Tertiary Education Assistance payable in respect of the person in respect of that year by virtue of the Student Assistance Regulations as amended by these Regulations, there is payable in respect of the person an amount equal to the amount of the excess.

Printed by Authority by the Acting Commonwealth Government Printer

Overview

The Student Assistance Regulations, enacted in 1977 under the authority of the Student Assistance Act 1973, were introduced to address the need for a structured regulatory framework governing student assistance schemes in Australia. The legislation was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary policy objective of these regulations is to provide clarity and ensure the consistent application of student assistance provisions across educational institutions, thereby supporting the accessibility and affordability of education for students in need of financial assistance. These regulations outline various allowances and eligibility criteria for students receiving assistance, including adjustments to living allowances, special circumstances affecting parental income, and conditions for suspension during temporary discontinuation of studies. By amending and substituting specific regulations, the 1977 amendments sought to refine the criteria and calculations involved in determining student assistance, ensuring that the support provided is both fair and effectively targeted to those who need it most. The changes also aimed to streamline the process and improve the accuracy of the benefits granted to students under these schemes.

Scope and Application

The Student Assistance Regulations, enacted under the authority of the Student Assistance Act 1973, apply to students who are seeking financial assistance for their education. These regulations govern the eligibility criteria, allowances, and conditions for receiving various forms of student assistance, including Tertiary Education Assistance and Post-graduate Awards. The regulations primarily target students enrolled in advanced education institutions, which are defined to include institutions listed in Schedule 1 of these Regulations or Schedule 2 of the Tertiary Education Commission Act 1977. The application of these regulations is national in scope, covering all students in Australia who qualify under the Act. The regulations have been amended to modify certain allowances and eligibility conditions, such as adjusting the calculation of living allowances and expanding the definition of advanced education institutions. Notably, these amendments apply to assistance granted from specific commencement dates, either from 1 January 1977 or 1 January 1978, depending on the type of assistance. The regulations do not explicitly state any exclusions or exemptions, but they do provide specific provisions for exceptional circumstances affecting parental income.

Key Provisions

The legislative instrument primarily amends the Student Assistance Regulations under the Student Assistance Act 1973. Regulation 4 redefines what constitutes an 'advanced education institution', specifying institutions listed in Schedule 1 or Schedule 2 of the Tertiary Education Commission Act 1977 as eligible (paragraph 1). It also modifies the living allowance calculations for students in special circumstances by altering the way the period of time for deductions is determined (paragraphs 2, 3, 4 and 5). Regulation 51 introduces new exceptions for eligibility for student assistance, such as expenses for post-graduate courses not covered by specific allowances or expenses incurred due to the impracticality of residing at the student's permanent home (paragraph 6). Furthermore, it modifies the suspension of assistance during temporary discontinuation of studies to exclude research work undertaken outside Australia (paragraph 7), revises the living allowance formula for women with dependent children (paragraph 8), and changes the thesis allowance to cover expenses incurred or liabilities for payments (paragraph 9). The Regulations impose specific obligations on the parties involved. Educational institutions must ensure they meet the criteria for being recognised as advanced education institutions (paragraph 1). Students must provide detailed documentation of the days during which they incurred certain allowable losses and outgoings to ensure accurate calculation of living allowances (paragraphs 2, 3, 4 and 5). The government and educational bodies must adhere to the new eligibility criteria for student assistance, excluding certain expenses and circumstances (paragraph 6). The cessation of assistance must not apply to research work outside Australia (paragraph 7), and institutions must calculate living allowances according to the revised formula (paragraph 8). Additionally, institutions must account for all expenses incurred or liabilities for thesis-related payments (paragraph 9). The legislative instrument does not explicitly mention offences, penalties, or civil/criminal consequences for breach within the provided text. However, non-compliance with the regulations could potentially result in financial discrepancies or improper disbursement of student assistance benefits. For example, failure to accurately report allowable losses and outgoings could lead to incorrect living allowance calculations, which might necessitate repayment or adjustment of benefits (paragraphs 2, 3, 4 and 5). Similarly, not adhering to the new eligibility criteria could result in improper grants of assistance, requiring rectification and possible reimbursement (paragraph 6). Institutions must ensure precise adherence to the revised rules to avoid administrative errors and potential financial repercussion for both students and the government.

Area of Law: Education Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; Reporting & Disclosure Obligations; Compliance Obligations

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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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