Overview

The Student Assistance Repeal Regulations 1999 were enacted to repeal the existing Student Assistance Regulations which were no longer relevant due to the cessation of a specific educational scheme. Authorised under Section 56 of the Student Assistance Act 1973, these regulations were issued by the Minister for Education, Training and Youth Affairs. The objective of these regulations was to tidy up the legislative framework by removing outdated regulatory provisions that no longer applied. A Regulation Impact Statement was not deemed necessary as the repeal of these regulations did not affect any businesses or individuals. The regulations came into effect on the date of their gazette, ensuring that the legal framework remained current and reflective of the operational landscape.

Scope and Application

The Student Assistance Repeal Regulations 1999 were made under the authority of the Student Assistance Act 1973 and provide for the repeal of the Student Assistance Regulations, which were previously made under the same Act. This legislative instrument targets the repeal of numerous regulations made between 1975 and 1990, reflecting the obsolescence of the educational scheme these regulations once governed. The regulations were issued to streamline and modernise the legislative framework by removing outdated regulations that no longer applied due to changes in the educational funding landscape. The regulations commenced on the date of gazettal and, as stipulated, have no impact on business or individuals, hence a Regulation Impact Statement was not required. The repeal is comprehensive, covering a broad range of previously relevant regulations, and ensures that the legal framework remains current and aligned with present-day educational assistance programs.

Key Provisions

The Student Assistance Repeal Regulations 1999 (No. 311) outline the repeal of existing regulations made under the Student Assistance Act 1973. The primary operative sections (Regulation 3) provide for the repeal of the Student Assistance Regulations from various years, including 1975, 1977, 1979, 1981, 1983, 1985, 1987, 1989, and 1990. The regulations are intended to remove outdated rules that pertain to a scheme no longer in operation. This repeal was authorised under section 56 of the Student Assistance Act 1973, which allows the Governor-General to make regulations, including repeals, for the purposes of the Act. This power is further clarified by subsection 33(3) of the Acts Interpretation Act 1901. These regulations impose no new obligations or requirements on the parties or entities governed by the Act. Instead, they streamline the legislative framework by removing obsolete regulations. The repeal ensures that only current and relevant regulations remain in force, which simplifies compliance and reduces legal ambiguity. This action does not necessitate a Regulation Impact Statement, as the repeal of these regulations has no impact on business, according to the explanatory statement. In terms of consequences for non-compliance, it is essential to note that the regulations themselves do not establish any new offences or penalties. Instead, the repeal of the Student Assistance Regulations removes outdated legal requirements. Therefore, there are no specific civil or criminal penalties associated with the breach of these repealed regulations. However, entities that were previously subject to the repealed regulations must ensure they no longer rely on them in their operations. Any continued application of repealed regulations could potentially lead to legal issues, although specific penalties for such actions would be governed by the relevant laws in place at the time of the breach.