• Lawyers in Sydney
• Lawyers in Melbourne
• Lawyers in Brisbane
• Lawyers in Perth
• Family lawyers
• Employment lawyers
• Criminal lawyers
• Wills and estates lawyers
• Find a lawyer

28. Living allowance—special circumstances

Part III—Tertiary Education Assistance

Division 1—Grant of Tertiary Education Assistance

29. Definitions

30. Interpretation

31. Persons deemed not to be parties to training agreements

32. Applications

33. Applications made before commencement of the Act

34. Eligibility

35. Suspension of Assistance on account of imprisonment

36. Termination before commencement of approved course

37. Termination after commencement of approved course

38. Termination for ineligibility

39. Expiry of Assistance at end of year for which granted

Table of Provisions—continued

Division 2—Benefit under Tertiary Education Assistance

Regulation

40. Prescribed fees

41. Living allowance—students deemed to be of independent status

42. Living allowance—other scholars

43. Income from summer vacation employment disregarded

44. Living allowance payable only to grantee undertaking full-time work-load

45. Maximum allowance in respect of holder of existing scholarship residing at a residential college

46. Living allowance—special circumstances

47. Fares allowance

48. Incidentals allowance

Part IV—Post-Graduate Awards

Division 1—Grant of Post-graduate Awards

49. Interpretation

50. Applications

51. Eligibility

52. Number of Awards to be granted each year

53. Research Awards—initial quota

54. Research Awards—reserve quota

55. Course Awards

56. Advanced Education Institution Awards

57. Approval required for overseas study

58. Suspension of Award during research work out of Australia

59. Termination on account of unauthorized absence from Australia

60. Suspension arising out of illness, &c.

61. Suspension during temporary discontinuation

62. Lapsing of suspension

63. Termination of Awards suspended on account of illness, &c., or temporary discontinuation

64. Termination for failure to commence course

65. Termination for non-commencement

66. Termination for unsatisfactory progress

67. Termination on account of discontinuation

68. Expiry of Award

Division 2—Benefit under Post-graduate Awards

69. Payment in relation to the cost of a post-graduate course

70. Living allowance

71. Incidentals allowance

72. Thesis allowance

73. Establishment allowance

74. Fares allowance

75. Prescribed reasons for transfer

Part V—Student Assistance Review Tribunals

76. Summons to witness

77. Allowances to witness

78. Tribunal may take evidence

79. Notice of proceedings of Tribunal

80. Disobedience to summons, &c.

81. Remuneration of Chairman

82. Remuneration of a member

83. Travelling allowance of members

Part VI—Miscellaneous

84. Notice to be given of certain matters in relation to the holder of a Scholarship

85. Notice to be given of certain matters in relation to a grantee of Assistance

86. Notice to be given of certain matters in relation to the holder of an Award

87. Information to be furnished by applicant

88. Information to be furnished by parent

89. Suspension of Scholarships granted to holders of existing scholarships

90. Suspension of Awards granted to holders of existing awards

91. Furnishing of false information

Table of Provisions—continued

SCHEDULE 1

Educational institutions that are to be treated as advanced education institutions for the purposes of the Act

SCHEDULE 2

Educational institutions that are to be treated as secondary schools for the purposes of the Act

SCHEDULE 3

Educational institutions that are to be treated as technical colleges for the purposes of the Act

SCHEDULE 4

Student Assistance Review Tribunal

Summons to Witness

SCHEDULE 5

Witnesses’ allowances for travelling and other expenses

Statutory Rules

1974 No. 179

REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Student Assistance Act 1973.

Dated this first day of October, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

KIM E. BEAZLEY

Minister of State for Education.

STUDENT ASSISTANCE REGULATIONS

Part I—Preliminary

Citation.

1. These Regulations may be cited as the Student Assistance Regulations.

Commencement.

2. These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.

Interpretation.

3. (1) In these Regulations, unless the contrary intention appears—

“Act” means the Student Assistance Act 1973;

“brother”, in relation to a person, means a male person who is a child of a parent of the first-mentioned person;

“child”, in relation to a person, means a person who—

(a) has not attained the age of 16 years; or

(b) has attained the age of 16 years but has not attained the age of 25 years, is not a party to a training agreement, is undertaking, as a full-time student, a course of study or instruction, and is not in employment or engaged in work on his own account;

and—

(c) is a child (whether born in or outside wedlock), a step-child or a legally adopted child of—

(i) the person; or

(ii) the spouse of the person; or

(d) is wholly or substantially dependent on the person;

* Notified in the Australian Government Gazette on 8 October 1974.

“Department” means the Department of Education;

“entry permit” means an entry permit, not being a temporary entry permit, issued under section 6 of the Migration Act 1958-1973 that is in force;

“parents”, in relation to a person, means—

(a) in the case of a person, other than a person referred to in paragraph (b) or (c)—the natural parents of the person or, if the person has been legally adopted, the adoptive parents of the person;

(b) in the case of a person, other than a person referred to in paragraph (c), whose natural or adoptive parents are divorced or have, for a period of at least 6 months, lived, and continue to live, separately and apart—the natural or adoptive parent—

(i) with whom the person normally resides; or

(ii) if the person does not normally reside with either of his natural or adoptive parents—the natural or adoptive parent on whom the person is wholly or substantially dependent or, if the person is not wholly or substantially dependent upon either of his natural or adoptive parents, the natural or adoptive parent upon whom he was last wholly or substantially dependent;

and

(c) in the case of a person who is wholly or substantially dependent on a person who is not his natural or adoptive parent—the person upon whom he is so dependent,

and “parent”, in relation to a person, has a corresponding meaning;

“Secretary” means the Secretary to the Department;

“sister”, in relation to a person, means a female person who is a child of a parent of the first-mentioned person;

“spouse”, in relation to a person, includes, in the case of a person who is unmarried, a person who, although not legally married to the first-mentioned person, lives with the first-mentioned person on a permanent and bona fide domestic basis as the first-mentioned person’s husband or wife, as the case may be, and has continuously so lived on that basis with the first-mentioned person for a period—

(a) where the first-mentioned person or the other person is the parent of a person who is a child of the first-mentioned person or that other person and is wholly or substantially dependent on the first-mentioned person or that other person—of 1 year; or

(b) in any other case—of 2 years;

“temporary entry permit” means a temporary entry permit granted under section 6 of the Migration Act 1958-1973 that is in force;

“training agreement” means an agreement or arrangement under which a person is to pursue a course of study or both a course of study and a course of training and—

(a) an amount is to be paid to another person in the event of the person failing to pursue the course of study or both the course of study and the course of training; or

(b) the person is to remain in or engage in employment as set out in the agreement or arrangement, whether or not an amount is to be paid to another person in the event of the person failing to remain in or engage in employment as so set out,

and includes an agreement or arrangement that has, either directly or indirectly, a like purpose or effect;

“unmarried”, in relation to a person, includes a person who has previously been married and a person who is married but is living separately and apart from the person’s husband or wife, as the case may be.

(2) In these Regulations, a reference to the Income Tax Assessment Act as in force on a specified day shall be read as a reference to the Income Tax Assessment Act 1936-1972 as amended and in force on that day.

(3) In these Regulations, a reference to the Social Services Act shall be read as a reference to the Social Services Act 1947-1971 as amended and in force from time to time.

(4) Strict compliance with the forms referred to in these Regulations is not necessary and substantial compliance is sufficient.

Definition of advanced education institution.

4. For the purposes of the definition of “advanced education institution” in section 5 of the Act, each of the educational institutions specified in Schedule 1 to these Regulations or in Schedule 3 to the States Grants (Advanced Education) Act 1972-1973 is to be treated as an advanced education institution for the purposes of the Act.

Persons who are permanent residents.

5. For the purposes of the definition of “permanent resident of Australia” in section 5 of the Act, each of the following classes of persons is to be treated, for the purposes of the Act, as a class of persons permanently resident in Australia:—

(a) persons to whom entry permits have been granted;

(b) persons who are deemed, by virtue of sub-section 6 (8) of the Migration Act 1958-1973, to be included in an entry permit;

(c) persons to whom temporary entry permits have been granted and who—

(i) intend to request that entry permits be granted to them; and

(ii) are, in the opinion of the Minister of State for Labor and Immigration, likely, upon making such requests, to be granted such permits;

and

(d) persons who are deemed, by virtue of sub-section 6 (8) of the Migration Act 1958-1973, to be included in a temporary entry permit and in respect of whom—

(i) persons intend to request that entry permits be granted; and

(ii) such requests are, in the opinion of the Minister of State for Labor and Immigration, likely to be granted.

Institutions to be treated as secondary schools.

6. For the purposes of the definition of “secondary school” in section 5 of the Act—

(a) an educational institution for secondary education that is under the control of a department or office of a State or Territory responsible for education in that State or Territory;

(b) an educational institution in a State or Territory, other than an educational institution referred to in paragraph (a), that is—

(i) in the case of New South Wales—a certified school within the meaning of section 2 of the Public Instruction (Amendment) Act, 1916 of that State as amended from time to time that provides courses of secondary education;

(ii) in the case of Victoria—a school that is registered (including provisionally registered) as a secondary school in the register of schools kept by the Council of Public Education of that State in pursuance of section 42 of the Education Act 1958 of that State as amended from time to time;

(iii) in the case of Queensland—a secondary school within the meaning of section 4 of the Education Act 1964-1973 of that State, or that Act as amended from time to time, that is an approved school within the meaning of section 63 of that Act;

(iv) in the case of South Australia—an approved school (other than a business or coaching college) within the meaning of regulation 1 of Part XIX of the Regulations in force from time to time made under the Education Act, 1972 of that State, or that Act as amended from time to time;

(v) in the case of Western Australia—an efficient school within the meaning of section 3 of the Education Act, 1928-1973 of that State, or that Act as amended from time to time, that provides courses of secondary education;

(vi) in the case of Tasmania—a school that is graded under section 36 of the Education Act 1932 of that State as amended from time to time as a secondary school, or as a school combining two or more kinds of school one of which is a secondary school, within the meaning of that section;

(vii) in the case of the Australian Capital Territory—a school that is a certified secondary school or a provisionally certified secondary school within the meaning of Part III of the Education Ordinance 1937-1971 of that Territory, or that Ordinance as amended from time to time; or

(viii) in the case of the Northern Territory—a school that is a private school within the meaning of section 4 of the Education Ordinance 1957 of that Territory as amended from time to time that provides courses of secondary education; or

(c) an educational institution specified in Schedule 2,

is to be treated as a secondary school for the purposes of the Act.

Definition of technical college.

7. For the purposes of the definition of “technical college” in section 5 of the Act, an educational institution specified in Schedule 3 or conducted in Australia by the Australian Government or the Government of a State, or by an authority of Australia or of a State, for the purpose of providing post-secondary technical education, is to be treated as a technical college for the purposes of the Act.

Part II—Senior Secondary Scholarships

Division 1—Grant of Senior Secondary Scholarships

Interpretation.

8. (1) In this Part, unless the contrary intention appears—

“approved course”

This is an opening excerpt, not the complete document.