Statutory Rules
1979 No.
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 twentieth day of December, 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
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 paragraph (b) of sub-regulation (5) and substituting the following paragraph:
“(b) in receipt of income—
(i) consisting of any amount paid under the Social Services Act (other than child endowment paid under Part VI of that Act) or the Repatriation Act 1920;
(ii) from investment, at a rate exceeding $1,000 per year; or
(iii) from other sources, at a rate exceeding $10 per week,”.
Living allowance
2. Regulation 70 of the Student Assistance Regulations is amended by omitting paragraph (b) of sub-regulation (1) and substituting the following paragraph:
* 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.
15901/79 Cat. No. —Recommended retail price 20c 13/12.12.1979
“(b) the spouse of the holder is not in receipt of income—
(i) consisting of living allowance by way of educational assistance;
(ii) consisting of any amount paid under the Social Services Act (other than child endowment paid under Part VI of that Act) or the Repatriation Act 1920;
(iii) from investment, at a rate exceeding $1,000 per year; or
(iv) from other sources, at a rate exceeding $10 per week,” .
Notice to be given of certain matters in relation to a grantee
3. Regulation 85 of the Student Assistance Regulations is amended by omitting from paragraph (n) of sub-regulation (1) “any income” and substituting “ income of the kind referred to in paragraph 41 (5) (b)” .
Notice to be given of certain matters in relation to the holder of an award
4. Regulation 86 of the Student Assistance Regulations is amended, by omitting from paragraph (i) of sub-regulation (1) “any income from a business or profession in which the spouse is engaged or from employment” and substituting “ income of the kind referred to in paragraph 70 (1) (b)” .
Application
5. The amendments of the Student Assistance Regulations effected by these Regulations apply in relation to the payment of living, allowance in respect of any period commencing on or after 1 January 1980.
Printed by Authority by the Commonwealth Government Printer
Overview
The Student Assistance Regulations 1979 were enacted under the authority of the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to amend the existing Student Assistance Regulations made under the Student Assistance Act 1973. This legislative instrument aims to address gaps in the eligibility criteria for students receiving financial assistance by clarifying and updating the types of income that may affect a student's independent status and their entitlement to a living allowance. The amendments were designed to ensure that the regulations more accurately reflect current income thresholds and sources, thereby aligning the student assistance framework with contemporary economic conditions and social support structures. These regulations were introduced to provide clear guidelines and ensure fair and consistent application of student assistance policies across the Commonwealth.
Scope and Application
The Student Assistance Regulations 1979, made under the Student Assistance Act 1973, govern the administration and provision of financial assistance to students in Australia. These regulations apply to students who meet the eligibility criteria set forth in the Act and involve various aspects of student support, including living allowances and other financial assistance. The regulations specifically address the income thresholds that determine a student's eligibility for financial aid, taking into account income from various sources such as social services, investments, and other financial support. The regulations also outline the requirements for notifying the relevant authorities of changes in income or other relevant circumstances that may affect a student's eligibility for assistance. The amendments made in 1979, which came into effect on 1 January 1980, adjust the income thresholds and the types of income considered in determining a student's independent status. These regulations apply across the Commonwealth of Australia, providing a consistent framework for the administration of student assistance programs nationwide.
Key Provisions
The regulations primarily amend the definition of a student deemed to be of independent status and the conditions for receiving a living allowance under the Student Assistance Act 1973 (sections 41 and 70). They revise the income thresholds for students and their spouses to qualify for financial assistance. For example, a student will be deemed to be of independent status if they receive income from certain sources at specified rates, such as over $1,000 per year from investments or over $10 per week from other sources (section 41). Similarly, a spouse of a student will be deemed not to be receiving income if they receive income from certain sources at specified rates (section 70). These amendments also affect the notices that must be given regarding the income of grantees and award holders (sections 85 and 86).
These regulations impose obligations on students and their spouses to accurately report their income to the relevant authorities to determine eligibility for living allowances. They must disclose income from various sources, such as government payments, investments, or other earnings, and ensure it does not exceed the specified thresholds. Failure to provide accurate information may result in the denial or reduction of financial assistance. Additionally, the regulations mandate that notices regarding income must be updated to reflect the new criteria outlined in the amended sections.
Breach of these regulations may result in civil or criminal consequences. For instance, providing false information about income to obtain financial assistance may be considered fraud, leading to penalties under the law. While the specific penalties are not detailed in the legislation, such actions could result in fines, repayment of the wrongly obtained assistance, or other civil liabilities. Additionally, if the misrepresentation is found to be deliberate or part of a larger scheme, it could lead to criminal charges and more severe penalties.