Student Assistance Regulations (Amendment)

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1978 No. 199

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 nineteenth day of October 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

Minister of State for Education

AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS†

Interpretation

1. Regulation 3 of the Student Assistance Regulations is amended—

(a) by omitting the definition of “ Act ” in sub-regulation (1) and substituting the following definition:

“ ‘ approved ’ means approved by the Minister;”; and

(b) by inserting after the definition of “ temporary entry permit ” in sub-regulation (1) the following definition:

“ ‘ the Act ’ means the Student Assistance Act 1973;”.

Institutions to be treated as advanced education institutions

2. Regulation 4 of the Student Assistance Regulations is amended by omitting “ Schedule 1 to these Regulations or in Schedule 2 to the Tertiary Education Commission Act 1977 ” and substituting “ Schedule 2 to the Tertiary Education Commission Act 1977 or in Schedule 1 ” .

Interpretation

3. (1) Regulation 29 of the Student Assistance Regulations is amended—

(a) by inserting after the definition of “ Assistance ” in sub-regulation (1) the following definition:

* Notified in the Commonwealth of Australia Gazette on 26 October 1978.

† 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; 1977, Nos. 147. 209, 210, 211, 219, 242 and 243; and 1978, No. 108.

17253/77 Cat. No. —Recommended retail price 20c 12/20.9.1978

“ ‘ commencing date ’ means any one of the following:

(a) in respect of a grantee who is undertaking, or proposes to undertake, an approved course that commences before 30 June— 1 January;

(b) in respect of a grantee who is undertaking, or proposes to undertake, an approved course that commences after 30 June— 1 July;

(c) in respect of a grantee who is undertaking, or proposes to undertake, an approved course that has a duration of 20 weeks or less—the day on which the course commences;

(d) the day on which a grantee becomes a grantee to whom sub-regulation 41 (3aaa) applies;

(e) the day on which a grantee ceases to be a grantee to whom sub-regulation 41 (3aaa) applies;”;

(b) by omitting the definition of “ orphan ” in sub-regulation (1) and substituting the following definition:

“ ‘ orphan ’ means a person—

(a) who has no living parent; or

(b) the whereabouts of whose living parent or parents is unknown,

being—

(c) in the case of a person referred to in paragraph (a) of the definition of ‘ parent ’ in sub-regulation 3 (1)—a parent within the meaning of that paragraph;

(d) in the case of a person referred to in paragraph (b) of that definition—a parent within the meaning of that paragraph; or

(e) in the case of a person referred to in paragraph (c) of that definition—a parent within the meaning of that paragraph;”;

(c) by omitting the definitions of “ relevant day ” and “ relevant period ” in sub-regulation (1) and substituting the following definitions:

“ ‘ relevant day ’ means—

(a) in relation to a person proposing to undertake an approved course—

(i) the day in the relevant year on which he commences to undertake that course; or

(ii) the first day of the academic year at the tertiary education institution at which he proposes to undertake that course; or

(b) in relation to a person proposing to undertake part of an approved course—

(i) the day in the relevant year on which he commences to undertake that part of that course; or

(ii) the first day of the academic year at the tertiary education institution at which he proposes to undertake that part of that course,

whichever is the later day;

‘ relevant period ’, in relation to a grantee, means a period in the relevant year, other than a period referred to in regulation 43a or 43b or in sub-regulation 44 (3), that commences on a commencing date and ends on the day—

(a) immediately preceding another commencing date; or

(b) on which Assistance to the grantee terminates,

whichever first occurs;”; and

(d) by adding at the end thereof the following sub-regulations:

“ (10) For the purposes of this Part, a person who—

(a) has entered into a training agreement;

(b) has been released from his obligations under that agreement; and

shall be deemed, on and from the day on which he was so released, not to be a patty to the training agreement.

“ (11) For the purposes of this Part, a reference to the income of a person in a period of 12 months ending on 30 June in a year (however expressed) shall, in respect of a person, other than a grantee, who has adopted, or is deemed to have adopted, under section 18 of the Income Tax Assessment Act an accounting period of 12 months ending on a day, other than 30 June, in that year, be read as a reference to the income of that person in that accounting period.” .

(2) Regulation 29 of the Student Assistance Regulations is amended—

(a) by inserting in paragraph (c) of sub-regulation (3) “ paid ” before “ leave of absence ” (first occurring); and

(b) by inserting in paragraph (d) of sub-regulation (3) “ of a kind referred to in paragraph (b) ” after “ employment ” (wherever occurring).

Repeal

4. Regulations 30a and 31 of the Student Assistance Regulations are repealed.

Assistance not to be granted to ineligible persons

5. After regulation 32 of the Student Assistance Regulations the following regulation is inserted:

“ 32a. An authorized person shall not, in respect of a period, approve the grant of Assistance to a person who is not eligible to be granted Assistance in respect of that period.”.

Ineligibility— other circumstances

6. Regulation 34 of the Student Assistance Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (11) “ in Australia ”; and

(b) by omitting from paragraph (b) of sub-regulation (11) “ in Australia ”.

Eligibility— technical education prior to 1 January 1974

7. Regulation 34b of the Student Assistance Regulations is amended by omitting from paragraph (b) of sub-regulation (7) “ of ” and substituting “ in ”.

Termination-completion and cessation of approved course

8. Regulation 37 of the Student Assistance Regulations is amended by inserting in paragraph (c) of sub-regulation (1) “ that part of ” after “ completes ” (last occurring).

Full-time work load

9. Regulation 44 of the Student Assistance Regulations is amended by omitting sub-regulation (7).

Award not to be granted to ineligible persons

10. After regulation 50 of the Student Assistance Regulations the following regulation is inserted:

“ 50a. An authorized person shall not approve the grant of an Award to a person who is not eligible to be granted an Award.”.

Application

11. The amendments of the Student Assistance Regulations effected by sub-regulation 3 (1) apply to and in relation to the grant of Tertiary Education Assistance in respect of a period commencing on or after 1 January 1978.

Non-reduction

12. Notwithstanding regulation 11, where during the year that commenced on 1 January 1978 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 that regulation and sub-regulation 3 (1) had not come into operation exceeds the amount of benefit under Tertiary Education Assistance payable in respect of the person by virtue of the Student Assistance Regulations as amended in accordance with these Regulations, there is payable in respect of the person the amount of the excess.

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Overview

The Student Assistance Regulations 1978 were enacted under the authority of the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations were made under the Student Assistance Act 1973, which was designed to address gaps in financial support for students in tertiary education. The regulations aim to clarify and refine the eligibility criteria and operational aspects of the Student Assistance Act, ensuring that assistance is granted to those who are eligible and preventing the approval of assistance to ineligible persons. This legislative instrument was intended to streamline the administration of student assistance by updating definitions, adjusting eligibility criteria, and modifying the processes for granting and terminating assistance and awards, thereby aligning with the policy objectives of the original Act.

Scope and Application

The Student Assistance Regulations, as amended by the legislative instrument, apply to the grant of Tertiary Education Assistance in respect of periods commencing on or after 1 January 1978. These Regulations govern the eligibility criteria and provisions for individuals, including those who are undertaking or proposing to undertake approved courses at designated institutions. The amendments pertain to the interpretation of certain terms, the circumstances under which assistance is granted or withheld, and the definition of eligibility and ineligibility for the assistance. Notably, the amendments affect the interpretation of terms such as "approved," "commencing date," "orphan," "relevant day," and "relevant period," thereby shaping the scope of the legislation. The regulations also specify conditions under which assistance will not be granted to ineligible persons, further refining the eligibility criteria. The instrument extends its application to tertiary education institutions listed in Schedule 2 of the Tertiary Education Commission Act 1977 or in Schedule 1 to these Regulations. The amendments also clarify the circumstances under which assistance terminates, such as the completion of an approved course, cessation of an approved course, and the cessation of eligibility due to changes in circumstances. The Regulations provide for the non-reduction of benefits where the amended Regulations result in a lesser benefit than previously payable.

Key Provisions

The operative sections of the legislation primarily focus on amending and clarifying the definitions and requirements for eligibility and assistance under the Student Assistance Regulations. These changes include modifying definitions such as "approved," "commencing date," "orphan," "relevant day," and "relevant period," and inserting new definitions related to the release from training agreements and adjustments in income periods (Regulation 3). Additionally, the legislation updates the conditions for treating certain institutions as advanced education institutions (Regulation 2) and eliminates specific regulations (Regulations 30a and 31) that are deemed redundant (Regulation 4). It also introduces new regulations prohibiting the approval of assistance to ineligible persons (Regulation 32a) and preventing the granting of awards to ineligible individuals (Regulation 50a). The amendments are designed to apply to periods commencing on or after 1 January 1978, with a provision to compensate for any reduction in benefits due to the changes (Regulation 12). These regulations impose specific obligations on authorized persons to ensure they do not approve the grant of assistance or awards to individuals who do not meet the eligibility criteria. Authorized persons must verify the eligibility of applicants by confirming that they meet the stipulated conditions outlined in the regulations. This includes checking that the grantees are not ineligible due to certain circumstances or prior technical education (Regulation 34). The regulations also impose a duty on authorized persons to ensure that assistance is not granted to individuals who have not completed the required full-time workload (Regulation 44). The amendments require authorized persons to adhere strictly to the definitions and criteria set forth to maintain the integrity of the assistance programs. The legislation imposes penalties and consequences for non-compliance with the regulations. Authorised persons who fail to adhere to the eligibility criteria and improperly approve assistance or awards to ineligible persons may face legal repercussions. Specifically, approving the grant of assistance or awards to ineligible persons is considered an offence under the regulations (Regulations 32a and 50a). Although the exact penalties for such breaches are not specified in the provided text, breaches of legislative regulations typically result in penalties that could include fines or other civil or criminal consequences as prescribed by the relevant laws governing student assistance. The precise nature and extent of these penalties would be detailed in the broader legislative framework of the Student Assistance Act 1973.

Area of Law: Education Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Repeal & Amendment; Eligibility; Enforcement Powers

Interactions

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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