Student Assistance Regulations (Amendment)

Legislation au C2004L01080 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES NO. 171

Issued by the Authority of the Minister for Education and Youth Affairs.

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973 - AMENDMENTS

(Executive Council Minute No. 19 of 1983 refers)

Section 36 of the Student Assistance Act 1973 (the Act) provides that:

“The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act ...”

The amendments made by these Statutory Rules amended certain provisions of regulation 50A and regulation 51 of the Student Assistance Regulations to give effect to decisions of the former Government agreed to by the present Government. These decisions were -

 to increase the previous limit of $500 a year, which had applied since 1977, on the value of other similar awards that might be held concurrently with a Postgraduate Award to $1000 a year where the source of other assistance is a tertiary education institution, or to $5000 a year where the source is the private sector;

 to draw a distinction between Commonwealth and non-Commonwealth funded tertiary education institution awards so that the limit of $1000 applies only to Commonwealth funded awards;

 to provide a date of effect of the above provisions of 1 January 1983; and

 to effect certain drafting amendments.


Amending regulation 2 amended regulation 50A by simplifying the wording of the regulation.

Amending regulation 3 amended the eligibility provisions of existing regulation 51 as follows:

Paragraph 3(a) amended sub-regulation 51(1) to make it clear that relevant provisions apply to both an applicant for an Award and a person who is the holder of an Award. Similar amendments of sub-regulations 51(3), 51(4), 51(5), 51(6), 51(8), and 51(9) were effected by amending paragraphs 3(d), 3(f), 3(h), 3(k), 3(m), 3(n), 3(p), and 3(g) respectively.

 Paragraph 3(b) amended sub-regulation 51(1) to define more precisely the period when certain provisions of ineligibility apply and to simplify the wording of the regulation.

 Paragraph 3(c) amended sub-regulation 51(1) by the insertion of a new sub-regulation 2A to make it clear that the term “authority of Australia” does not include institutions such as the Australian National University or the Canberra College of Advanced Education. This rectified a deficiency in the regulation.

 Paragraphs 3(e), 3(g) and 3(j), effected an amendment to sub-regulations 51(3), 51(4) and 51(5) similar in purpose to the amendment in amending regulation 2.

Amending regulation 4 amended sub-regulation 51(7) to give effect to the new liberalised provisions with regard to the permissible limits on income from other similar awards that may be held concurrently with a Postgraduate Award in a year, as follows:

 Sub-paragraph 7(a)(i) enables the holder of a Postgraduate Award to receive concurrently with his Award benefit or assistance granted or awarded under a scholarship, bursary, prize or like award providing benefits similar to a Postgraduate Award from sources such as industry and the private sector generally, and State Governments and their instrumentalities, up to a value of $5000.
 Sub-paragraph 7(a)(ii) enables the holder of a Postgraduate Award to receive concurrently with his Award benefit or assistance granted or awarded under a scholarship, bursary, prize or like award providing benefits similar to a Postgraduate Award from sources such as a university or advanced education institution, up to a value of $5000 provided that the relevant institution certifies that the donor of the benefit or assistance is not the Commonwealth or another tertiary institution. The effect of this amendment is that the holder of a Postgraduate Award may receive concurrently with his Award tertiary institution awards to a value of $5000 funded by private sector sources such as private endowments, bursaries, benefactions and prizes.

 Sub-paragraph 7(b) enables the holder of a Postgraduate Award to receive concurrently with his Award benefit or assistance granted or awarded under a scholarship, bursary, prize or like award providing benefits similar to a Postgraduate Award from other sources up to a value of $1000. The effect of this amendment is to limit to $1000 the value of other tertiary institution awards held concurrently with a Postgraduate Award where the source of the other award funds is the Commonwealth. The intention of this provision was, for example, to limit the level of other assistance universities might provide from their funds provided by the Commonwealth on the recommendation of the Commonwealth Tertiary Education Commission to the recipients of Commonwealth benefits who are the holders of Postgraduate Awards.

Amending regulation 4 also added new sub-regulations 51(7A), 51(7B) and 51(7C).

Sub-regulation 51(7A) inserted a new provision to define the word “donor” as used in the amendment to sub-regulation 51(7). It was expected that this amendment would have particular application to university foundations and benefactions arising from private bequests.

Sub-regulation 51(7B) provided that the certificate required under amending sub-paragraph 7(a)(ii) might be signed by an officer of the relevant institution.

Sub-regulation 51(7C) established the precedence of sub-regulation 51(1), as amended, over sub-regulation 51(7), as amended. This was intended to ensure that the holder of a Postgraduate Award did not hold concurrently another Commonwealth award providing benefits similar to those provided under a Postgraduate Award.

Amending regulation 1 provided that the beneficent amendments prescribed in sub-regulation 51(7), as amended, should be deemed to have come into operation on 1 January 1983.

 

Overview

The Student Assistance Regulations 1983, enacted under the authority of the Student Assistance Act 1973, were established to address gaps in the existing regulatory framework concerning student assistance and awards. These regulations were introduced to refine and enhance the provisions governing student awards, particularly focusing on the permissible limits on concurrent awards and the eligibility criteria for applicants and award holders. The amendments aimed to modernise the regulations in line with contemporary educational funding practices and to ensure clarity and fairness in the application of award limits and eligibility criteria. The Student Assistance Regulations 1983 were issued by the Executive Council, acting under the authority of the Governor-General, and the policy objectives included increasing the value limits of other similar awards that could be held concurrently with a Postgraduate Award, distinguishing between Commonwealth and non-Commonwealth funded tertiary education institution awards, and clarifying the eligibility provisions for award applicants and holders.

Scope and Application

The Student Assistance Regulations 1974, amended by the Statutory Rules 1983 No. 171, apply to individuals who are applicants or current holders of a Postgraduate Award under the Student Assistance Act 1973, as well as the institutions providing tertiary education and the entities funding these awards. These amendments specifically address the permissible limits on the value of other awards that may be held concurrently with a Postgraduate Award, distinguishing between Commonwealth and non-Commonwealth funded tertiary education institutions. The regulation's jurisdictional reach is confined to Australia, as it pertains to the operation of the Student Assistance Act 1973 within the Commonwealth. The amendments do not explicitly provide for exclusions or exemptions, but they do set specific thresholds on the value of concurrent awards based on their source. The application of these regulations can be further refined through subordinate instruments, which may provide additional details or clarifications on the interpretation and implementation of these provisions.

Key Provisions

The main provisions of these Statutory Rules pertain to the Student Assistance Regulations and the Student Assistance Act 1973. Specifically, these amendments update the regulations to reflect changes agreed upon by the former and present governments, primarily focusing on increasing the allowable value of other similar awards that can be held concurrently with a Postgraduate Award. Regulation 50A was amended to clarify and simplify the wording (regulation 2), while regulation 51 was updated to refine eligibility criteria and specify the types of institutions that fall under the term “authority of Australia” (regulation 3). The most significant changes were made to regulation 51(7) through amending regulation 4, which introduced new limits on the value of other awards and provided definitions for certain terms such as “donor.” These amendments also included new sub-regulations to clarify the application of these provisions and to ensure precedence in the case of conflicting awards (sub-regulations 51(7A), 51(7B), and 51(7C)). Additionally, amending regulation 1 established that these beneficent amendments would come into effect on 1 January 1983. The obligations imposed by these amendments on the parties and entities governed by the Student Assistance Act 1973 include compliance with the new limits on concurrent awards and adherence to the revised eligibility criteria. The amendments require holders of Postgraduate Awards to ensure that any additional awards or assistance they receive do not exceed the specified limits. This includes verifying the source of any additional awards and obtaining necessary certifications from institutions, particularly in cases where the source is a tertiary education institution. Furthermore, these amendments require institutions, especially those funded by the Commonwealth, to accurately assess and document the value of awards they provide to ensure compliance with the new regulations. Breach of the provisions set out in these Statutory Rules can result in several consequences. The specific offences, penalties, or consequences for non-compliance are not detailed within the Explanatory Statement. However, in general terms, failure to adhere to the regulations could lead to the disqualification of a Postgraduate Award holder from receiving certain benefits or assistance. This could potentially result in the need to repay any amounts received in excess of the allowable limits. Additionally, institutions that fail to comply with the regulations, particularly those related to the certification of awards and the assessment of their value, could face scrutiny or penalties imposed by the relevant authorities. The precise nature and extent of these penalties would depend on the specific circumstances of the breach and any applicable laws or regulations governing the conduct of educational institutions.

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