Statutory Rules
1979 No. 267
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 twelfth day of December, 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Aboriginal Affairs for and on behalf of the Minister of State for Education
AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS†
Living allowance— student deemed to be of independent status
1. Regulation 41 of the Student Assistance Regulations is amended by omitting from sub-regulation (3ab) “$8,700” and substituting “ $9,400 ”.
Living allowance— other students
2. Regulation 42 of the Student Assistance Regulations is amended—
(a) by omitting from paragraph (b) of sub-regulation (6) “$8,700” and substituting “$9,400 and
(b) by omitting sub-regulation (19) and substituting the following, sub-regulation:
“(19) Where living allowance is payable under sub-regulation (3) or (12) in respect of a grantee, or in respect of a grantee and his dependants, the rate at
* Notified in the Commonwealth of Australia Gazette on 18 December, 1978
† Statutory Rules 1974 No. 179 as amended to date. For previous amendment see footnote † to Statutory Rules 1979 No. 139 and see also Statutory Rules 1979 Nos. 139, 216.
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which living allowance is so payable is increased by $5.25 per week—
(a) in the case of a grantee who was in receipt of Assistance during the relevant period that ended on the day immediately preceding the commencing date for the relevant period in respect of which living allowance is payable—in respect of the whole of the second-mentioned relevant period; and
(b) in any other case—in respect of the period that commences on the next practicable pay day.”.
Application
3. The amendments of the Student Assistance Regulations effected by regulations 1 and 2 apply in relation to the grant of Tertiary Education Assistance in respect of a period commencing on or after 1 January 1980.
Printed by Authority by the Commonwealth Government Printer
Overview
Statutory Rules 1979 No. 267, made under the Student Assistance Act 1973, was enacted to bring specific amendments to the Student Assistance Regulations concerning the living allowance payable to students. The Student Assistance Act 1973 was established to provide financial assistance to students in tertiary education, ensuring that financial barriers do not impede access to higher education. The amendments to the regulations were made to adjust the financial thresholds and rates in response to inflation and changing economic conditions. The enacting body is the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective behind these amendments was to ensure that the living allowance kept pace with the cost of living, thus maintaining the real value of financial support provided to students and their dependants. These amendments took effect from 1 January 1980, ensuring that the adjustments were applicable to grants of Tertiary Education Assistance for periods starting from that date.
Scope and Application
The Student Assistance Regulations 1979, made under the Student Assistance Act 1973, apply to students who are recipients of tertiary education assistance, including those who receive financial support through the Commonwealth Supported Places (CSP) scheme and those who are eligible for the Higher Education Contribution Scheme (HECS). These regulations determine the eligibility criteria, the amount of financial assistance, and other relevant provisions for students in Australia. The scope of these regulations encompasses both domestic and international students who are enrolled in eligible courses at approved institutions. Geographically, the regulations apply across the entire Commonwealth of Australia, ensuring a uniform application of student assistance policies and entitlements nationwide. The amendments made by these regulations specifically target the living allowance for students, adjusting the income thresholds and rates for the financial year starting from 1 January 1980. Subordinate instruments may further extend or specify the application of these regulations, providing detailed guidance on the implementation and administration of student assistance programs.
Key Provisions
The operative sections of these regulations, found in Regulations 1 and 2, make amendments to the Student Assistance Regulations under the Student Assistance Act 1973. Specifically, Regulation 1 increases the threshold for deeming a student to be of independent status from $8,700 to $9,400, while Regulation 2 also raises the threshold for other students from $8,700 to $9,400, and introduces an increase of $5.25 per week to the living allowance paid under certain sub-regulations. These amendments apply to grants of Tertiary Education Assistance for periods commencing on or after 1 January 1980.
The regulations impose specific obligations on parties involved in the student assistance process. Grantors and recipients of student assistance must now consider the amended thresholds when applying for or assessing eligibility for certain forms of financial aid. Grantors are required to adjust their calculations of living allowances in accordance with the new rates specified in sub-regulation (19), ensuring that the correct weekly amounts are paid to eligible students and their dependants. Recipients must also ensure that their income levels fall within the new independent status thresholds to avoid any potential disqualification from certain benefits.
Breaching these regulations, or failing to comply with the obligations they impose, can lead to significant consequences. Although the specific nature of the offences and penalties are not detailed within the text provided, it is likely that non-compliance could result in legal action being taken against individuals or institutions. This could include civil penalties, such as fines or the requirement to repay any incorrectly received assistance. Additionally, if the non-compliance is deemed to be deliberate or fraudulent, criminal charges may be brought against the responsible parties, leading to potential imprisonment or further financial penalties. The exact penalties would depend on the specific circumstances of the breach and the relevant legislation in place at the time of the offence.