Statutory Rules
1978 No. 262
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 fourteenth day of December 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Education
AMENDMENTS OF THE STUDENT ASSISTANCE REGULATIONS†
Time limit for application—first half of year
1. Regulation 45 of the Student Assistance Regulations is amended by adding at the end thereof the following sub-regulations:
“ (6) Where—
(a) an application of the kind referred to in paragraph (4) (c) is received by an authorized person after 31 March in the relevant year but before the expiration of 4 weeks after the commencement of the period referred to in paragraph (4) (b); or
(b) written notification of the kind referred to in paragraph (5) (e) is received by an authorized person after 31 March in the relevant year but before the expiration of 4 weeks after the commencement of the period referred to in paragraph (5) (d),
* Notified in the Commonwealth of Australia Gazette on 21 December, 1978.
† Statutory Rules 1974 No. 179 as amended by Statutory Rules 1974 Nos. 235 and 258; 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.
11854/78 Cat. No. —Recommended retail price 15c 12/24.11.1978
sub-regulation (3) does not apply to or in relation to the applicant to whom the application or notification, as the case requires, relates.”.
“ (7) In the application of sub-regulations (3), (4), (5) and (6) to and in relation to a person—
(a) who attends an educational institution, or resides, in the State of New South Wales or the Australian Capital Territory; and
(b) whose application for Assistance or notification of circumstances is received by an authorized person after 31 March 1978 but before 15 April 1978,
each of those sub-regulations shall be read as if—
(c) for ‘ 31 March ’ there were substituted ‘ 14 April ’; and
(d) in the case of sub-regulations (4) and (5)—for ‘ 4 weeks ’ there were substituted ‘ 8 weeks ’.”
Time limit for application—short course
2. Regulation 45b of the Student Assistance Regulations is amended by adding at the end thereof the following sub-regulation:
“ (5) In the application of sub-regulation (3) or (4) to and in relation to a person—
(a) who attends an educational institution, or resides, in the State of New South Wales or the Australian Capital Territory; and
(b) whose application for Assistance or notification of circumstances is received by an authorized person after 14 March 1978 but before 15 April 1978,
each of those sub-regulations shall be read as if for ‘ 4 weeks ’ there were substituted ‘ 8 weeks ’.”.
3. After regulation 45b of the Student Assistance Regulations the following regulation is inserted:
Late applications
“ 45ba. (1) Sub-regulation 45 (3), (4) or (5), 45a (3), (4) or (5) or 45b (3), (4) or (5) does not apply in respect of an applicant in respect of his approved course in respect of a period where—
(a) the applicant has taken reasonable steps to ensure that his application or written notification, as the case requires, is received by an authorized person within the time limit specified in whichever of those sub-regulations would, but for this regulation, apply to the applicant; and
(b) by reason of circumstances beyond the applicant’s control, the application or notification is not received by an authorized person within the time limit so specified;
“ (2) Sub-regulation 45 (3), (4) or (5), 45a (3), (4) or (5) or 45a (3), (4) or (5) or 45 (b) (3), (4) or (5) does not apply in respect of an applicant in respect of his approved course in respect of a period where—
(a) by reason of circumstances beyond, the applicant’s control, the applicant is unable to take reasonable steps to ensure that his application or written notification, as the case requires, is received within the time limit specified in whichever of those sub-regulations would, but for this sub-regulation, apply to the applicant; and
(b) as soon as practicable after those circumstances are no longer applicable in respect of the applicant, the applicant takes reasonable steps to furnish his application or notification to an authorized person.”.
Application
4. (1) 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 1978.
(2) The amendment of the Student Assistance Regulations effected by regulation 3 applies in relation to the grant of Tertiary Education Assistance in respect of a period commencing on or after 1 January 1979.
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