Witnesses’ allowances for travelling and other expenses
Commonwealth Coat of Arms of Australia
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.
These Regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.
(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—
(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.
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.
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.
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.
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
8. (1) In this Part, unless the contrary intention appears—
“approved course” means a course of secondary education at a level approved by the Minister for the purposes of section 7 of the Act;
“holder” means a person to whom the grant of a Scholarship has been approved under section 7 or 9 of the Act;
“prescribed person” means a person who is an Australian citizen or a permanent resident of Australia and is undertaking or proposes to undertake, as a full-time student at a secondary school in Australia, an approved course;
“Scholarship” means a Senior Secondary Scholarship granted under the Act;
(2) A reference, in relation to a holder, to a school term or a specified school term shall be read as a reference to a school term applicable to secondary schools under the control of the department or office that is responsible for education in the State in which the holder is undertaking an approved course or that specified school term applicable to secondary schools under the control of that department or office.
(3) For the purposes of this Part, the Australian Capital Territory and the Northern Territory shall each be deemed to be a State.
Eligibility for the grant of a Scholarship.
(1) Subject to succeeding sub-regulations of this regulation, a prescribed person other than a prescribed person to whom this regulation applies is not eligible to be granted a Scholarship.
(2) A prescribed person who—
(a) in the year 1973 applied for, and undertook the relevant scholarship selection examination for the grant of, a Commonwealth Senior Secondary Scholarship and, prior to the publication of the results of that examination, applied for special consideration of his application on the ground that he was prevented by illness or other circumstances beyond his control from performing in that examination as well as he would otherwise have performed but for that illness or those other circumstances;
(b) in the year 1973 applied for, and undertook the relevant scholarship selection examination for, the grant of a Commonwealth Senior Secondary Scholarship and qualified, on the basis of the results in that examination and the assessment by the principal of his school of his academic merit, for the grant of a Commonwealth Senior Secondary Scholarship, but whose eligibility could not be determined prior to the commencement of the Act;
(c) in the year 1973 applied for, but did not undertake the relevant scholarship selection examination for, the grant of a Commonwealth Senior Secondary Scholarship and, prior to the publication of the results of that examination, applied for special consideration of his application on the ground that he was prevented by illness or other circumstances beyond his control from undertaking that examination; or
(d) in the year 1973 applied for, and was out of Australia at the time that he sat for the relevant scholarship selection examination for, the grant of a Commonwealth Senior Secondary Scholarship, but in respect of whom no assessment of academic merit is available,
is a prescribed person to whom this regulation applies.
(3) A prescribed person to whom this regulation applies is not eligible to be granted a Scholarship—
(a) unless he was under the age of 18 years on 1 January 1974 or he is, under sub-regulation (5), exempt from the application of this paragraph;
(b) subject to sub-regulation (6), unless he was eligible to undertake the second last year of his course of secondary education at a secondary school at the commencement of the school year applicable to that school in the year 1974;
(c) if he is entitled to any educational assistance (including assistance under the Aboriginal Secondary Grants Scheme but not including assistance under the Assistance for Isolated Children Scheme, the Secondary Allowances Scheme or the Soldiers’ Children Education Scheme) granted by Australia;
(d) if he is entitled to any educational assistance granted otherwise than by Australia and enters into a training agreement with the person by or on whose behalf the educational assistance is granted; or
(e) subject to sub-regulation (7), if he has completed the second last year of his course of secondary education or has, at any time on or after 31 March 1973 and before 1 January 1974 undertaken studies in that second last year.
(4) In sub-regulation (3), “educational assistance” includes any benefit or assistance granted or awarded under a scholarship, bursary or like award other than benefit under student assistance to which the Act applies.
(5) A prescribed person to whom this regulation applies who attained the age of 18 years on or before 1 January 1974 is exempt from the application of paragraph (3) (a)—
(a) if his studies have been seriously interrupted as a result of illness, prolonged ill-health or physical disability; or
(b) if he was not born in Australia and his studies in Australia have been seriously impaired by his lack of understanding of the English language.
(6) Paragraph (3) (b) does not prevent the grant of a Scholarship to a prescribed person to whom this regulation applies who transferred from a school in a State to a school in another State after application was made for the grant of a Commonwealth Senior Secondary Scholarship if he would have complied with the provisions of that paragraph but for that transfer.
(7) Paragraph (3) (e) does not prevent the grant of a Scholarship to a prescribed person to whom this regulation applies if it was impracticable, as a result of his having transferred from a school in a State to a school in another State or of his having been absent from Australia, for application to be made during the third last year of his course of secondary education for the grant of a Commonwealth Senior Secondary Scholarship.
Suspension on account of absence.
(1) Subject to regulation 11, where by reason of illness of the holder or the participation of the holder in an organized international cultural or sporting event, a holder is absent from the secondary school at which he is undertaking an approved course in a year for a period of 20 consecutive school days applicable to that school in that year, the holder’s Scholarship is, upon the expiration of that period, suspended until—
(a) the holder resumes his studies in an approved course at a secondary school in that year or the next succeeding year; or
(b) the expiration of the period of 12 months from the day on which his Scholarship is so suspended,
(2) Subject to regulation 11, where for a reason other than the illness of the holder or the participation of the holder in an organized international cultural or sporting event, a holder is absent from the secondary school at which he is undertaking an approved course in a year for a period of 10 consecutive school days applicable to that school in that year, the holder’s Scholarship is, upon the expiration of that period, suspended on and from the first such day of absence until—
(a) the holder resumes his studies in an approved course at a secondary school in that year or the next succeeding year; or
(b) the expiration of the period of 12 months from the date of commencement of the period of absence,
(3) Subject to sub-regulation (4), where a holder whose Scholarship was suspended in a year under sub-regulation (1) or (2) and who resumed his studies in an approved course in that year is, principally by reason of the absence in respect of which his Scholarship was so suspended and any other absences in that year on any account (other than absences for which no satisfactory explanation is given to the principal of the holder’s school), required to repeat in the next succeeding year the year of the course of secondary education that he was undertaking during the first-mentioned year, his Scholarship is, after the expiration of so much of that next succeeding year as is equal to the sum of any periods of suspension (whether under sub-regulation (1) or (2) or otherwise) during the first-mentioned year, suspended to and including the thirty-first day of December in that next succeeding year.
(4) Sub-regulation (3) does not apply to a holder to whom living allowance is payable under paragraph 8 (b) of the Act whose Scholarship was suspended in a year under sub-regulation (1) or (2) on account of the holder’s absence from a secondary school by reason of illness or other circumstances beyond his control and who is, principally by reason of that absence and any other absences in that year on account of illness or other circumstances beyond his control, required to repeat the year of the course of secondary education that he was undertaking during that year.
(5) Subject to sub-regulation (6), where a holder whose Scholarship has been suspended in a year under sub-regulation (1) or (2) and who has not resumed his studies in an approved course in that year is, principally by reason of the absence in respect of which his Scholarship was so suspended and any other absences in that year on any account (other than absences for which no satisfactory explanation is given to the principal of the holder’s school), required to repeat in the next succeeding year the year of the course of secondary education that he was undertaking during the first-mentioned year, the suspension of the holder’s Scholarship—
(a) where he commences to undertake at a secondary school, within the first 10 school days applicable to that secondary school in that next succeeding year, the year of the course of secondary education that he was undertaking in the previous year—shall be deemed to have lapsed on the first day of January in that next succeeding year; or
(b) where he commences to undertake at a secondary school, after the expiration of the first 10 school days applicable to that school in that next succeeding year, the year of the course of secondary education that he was undertaking in the previous year—lapses on the day on which he commences to undertake that year of that course of secondary education in that next succeeding year.
(6) Where a suspension under sub-regulation (1) or (2) of the Scholarship of a holder lapses in a year under sub-regulation (5), the Scholarship is, after the expiration in that year of such period (not exceeding the period from and including the day on which that suspension so lapses to and including the thirty-first day of December in that year), commencing on the day on which that suspension so lapses, as is equal to the sum of any periods of suspension (whether under sub-regulation (1) or (2) or otherwise) during the previous year, suspended to and including the thirty-first day of December in the first-mentioned year.
(7) Sub-regulation (6) does not apply to a holder to whom living allowance is payable under paragraph 8 (b) of the Act whose Scholarship has been suspended in a year under sub-regulation (1) or (2) on account of the holder’s absence from a secondary school by reason of illness or other circumstances beyond his control and who is, principally by reason of that absence and any other absences in that year on account of illness or other circumstances beyond his control, required to repeat the year of the course of secondary education that he was undertaking during the first-mentioned year.
Termination on account of failure to resume studies after absence of 12 months.
Where a holder whose Scholarship has been suspended under sub-regulation 10 (1) or (2) in a year in respect of a period of absence of the holder from a secondary school has not, before the end of the day that is the first school day applicable to that school next following the expiration of the period of 12 months commencing on the day on which the Scholarship was so suspended, resumed his studies in an approved course at a secondary school, his Scholarship thereupon terminates.
Suspension during year study repeated on account of absence due to illness, &c., for which Scholarship not suspended.
12. Where in a year a holder (not being a holder to whom living allowance is payable under paragraph 8 (b) of the Act) is, principally by reason of illness or other circumstances beyond his control in the year last preceding that year (not being illness or circumstances that resulted in an absence of the holder in that last preceding year on account of which the holder’s Scholarship was suspended under regulation 10 in that year), required to repeat in the first-mentioned year the year of the course of secondary education that he undertook during that last preceding year, his Scholarship is, after the expiration of so much of the first-mentioned year as is equal to the sum of any periods of suspension for any reason during that last preceding year, suspended to and including the thirty-first day of December in the first-mentioned year.
Suspension on account of discontinuation of studies.
13. (1) Subject to regulation 14, where a holder discontinues his full-time studies in an approved course in a year, his Scholarship is thereupon suspended until—
(a) the holder recommences his studies in an approved course at a secondary school in that year or the next succeeding year; or
(b) the expiration of the period of 12 months from the day on which he so discontinues his full-time studies in an approved course,
(2) Where a holder whose Scholarship was suspended in a year under sub-regulation (1) and who recommenced his studies in an approved course at a secondary school in that year is, principally by reason of his non-attendance at school during the period of suspension and any absences in that year on any account (other than absences for which no satisfactory explanation is given to the principal of the holder’s school), required to repeat in the next succeeding year the year of the course of secondary education that he was undertaking during the first-mentioned year, his Scholarship is, after the expiration of so much of that next succeeding year as is equal to the sum of any periods of suspension (whether under sub-regulation (1) or otherwise) during the first-mentioned year, suspended to and including the thirty-first day of December in that next succeeding year.
(3) Where a holder whose Scholarship has been suspended in a year under sub-regulation (1) and who has not recommenced his studies in an approved course in that year is, principally by reason of his non-attendance at school in that year after the suspension of his Scholarship under sub-regulation (1) and any absences in that year on any account (other than absences for which no satisfactory explanation is given to the principal of the holder’s school), required to repeat in the next succeeding year the year of the course of secondary education that he was undertaking during the first-mentioned year, the suspension of the holder’s Scholarship—
(a) where he commences to undertake at a secondary school, within the first 10 school days applicable to that school in that next succeeding year, the year of the course of secondary education that he was undertaking in the previous year—shall be deemed to have lapsed on the first day of January in that next succeeding year; or
(b) where he commences to undertake at a secondary school, after the expiration of the first 10 school days applicable to that school in that next succeeding year, the year of the course of secondary education that he was undertaking in the previous year—lapses on the day on which he commences to undertake that year of that course of secondary education in that next succeeding year.
(4) Where a suspension under sub-regulation (1) of the Scholarship of a holder lapses in a year under sub-regulation (3), the Scholarship is, after the expiration in that year of such period (not exceeding the period from and including the date on which that suspension so lapses to and including the thirty-first day of December in that year), commencing on the day on which that suspension so lapses, as is equal to the sum of any periods of suspension (whether under sub-regulation (1) or otherwise) during the previous year, suspended to and including the thirty-first day of December in the first-mentioned year.
Termination on account of failure to resume studies after 12 months from discontinuation.
14. Where a holder whose Scholarship has been suspended under sub-regulation 13 (1) on account of the holder’s discontinuation of an approved course that the holder was undertaking at a secondary school in a year has not, before the expiration of the first school day applicable to that school next following the expiration of the period of 12 months from the day on which his Scholarship was so suspended, commenced to undertake an approved course at a secondary school, his Scholarship thereupon terminates.
Suspension on account of repeated third last year studies due to inter-State transfer.
15. (1) Subject to regulation 16, where a holder who proposes to undertake, or is undertaking, an approved course at a secondary school in a State in a year, transfers in that year to a school in another State at which he is required, or will be required, by reason only of that transfer, to undertake in that year the third last year of secondary education in that State, the holder’s Scholarship is suspended—
(a) in the case of a holder who had, before that transfer, commenced to undertake that approved course at that secondary school in the first-mentioned State in that year—from the end of the last day on which the holder attended that secondary school until the day on which he commences again to undertake an approved course at a secondary school; or
(b) in the case of a holder who had not, before that transfer, commenced to undertake that approved course at that secondary school in the first-mentioned State in that year—on and from the first school day applicable to that secondary school in that year until the day on which he commences to undertake an approved course at a secondary school.
(2) Where a holder whose Scholarship has been suspended under sub-regulation (1) in a year and who has not subsequently commenced to undertake, or recommenced, an approved course at a secondary school in that year commences to undertake an approved course at a secondary school in the next succeeding year, the suspension of his Scholarship—
(a) in the case of a holder who commences to undertake that last-mentioned approved course within the first 10 school days applicable to that last-mentioned secondary school in that next succeeding year— shall be deemed to have lapsed on the first day of January in that next succeeding year; or
(b) in the case of a holder who commences to undertake that last-mentioned approved course after the expiration of the first 10 school days applicable to that last-mentioned school in that next succeeding year—lapses on the day on which he commences to undertake that approved course.
(3) Where a suspension under sub-regulation (1) of the Scholarship of a holder, other than a holder to whom living allowance is payable under paragraph 8 (b) of the Act, lapses in a year under sub-regulation (2), the Scholarship is, after the expiration of such period (not exceeding the period from and including the day on which that suspension so lapses to and including the thirty-first day of December in that year), commencing on the day on which that suspension so lapses, as is equal to the sum of any periods of suspension (whether under sub-regulation (1) or otherwise) during the previous year, suspended to and including the thirty-first day of December in the first-mentioned year.
Termination on account of failure to resume second last year of secondary education after inter-State transfer.
16. Where a holder whose Scholarship has been suspended under sub-regulation 15 (1) in a year has not, before the first day of March in the next succeeding year, commenced to undertake, or recommenced, an approved course at a secondary school, the holder’s Scholarship thereupon terminates.
Suspension on account of repeated second last year studies due to inter-State transfer.
(1) Subject to regulation 18, where a holder, other than a holder to whom living allowance is payable under paragraph 8 (b) of the Act, who proposes to undertake, or is undertaking, as part of an approved course at a secondary school in a State, the last year of secondary education in the State in a year, transfers in that year to a school in another State at which he is required, or will be required, by reason only of that transfer, to undertake in that year the second last year of secondary education in that State, the holder’s Scholarship is suspended—
(a) in the case of a holder who had, before that transfer, commenced to undertake the last year of secondary education in the first-mentioned State in that year—from the end of the last day on which the holder attends the secondary school from which he transfers until the day on which he commences to undertake, as part of an approved course at a secondary school in a State, the last year of secondary education in that last-mentioned State; or
(b) in the case of a holder who had not, before that transfer, commenced to undertake the last year of secondary education in the first-mentioned State in that year—on and from the first school day applicable in that year to the secondary school from which he transfers until the day on which he commences to undertake, as part of an approved course at a secondary school in a State, the last year of secondary education in that last-mentioned State.
(2) Where a holder whose Scholarship has been suspended under sub-regulation (1) in a year and who has not subsequently commenced to undertake in that year, as part of an approved course at a secondary school in a State, the last year of secondary education in that State, commences to undertake, as part of an approved course at a secondary school in a State, the last year of secondary education in that last-mentioned State in the next succeeding year, the suspension of his Scholarship—
(a) in the case of a holder who commences to undertake that last year of secondary education within the first 10 school days applicable to that last-mentioned secondary school in that next succeeding year— shall be deemed to have lapsed on the first day of January in that next succeeding year; or
(b) in the case of a holder who commences to undertake that last year of secondary education after the expiration of the first 10 school days applicable to that last-mentioned school in that next succeeding year—lapses on the day on which he commences to undertake that approved course.
(3) Where a suspension under sub-regulation (1) of the Scholarship of a holder lapses in a year under sub-regulation (2), the Scholarship is, after the expiration of such period (not exceeding the period from and including the day on which that suspension so lapses to and including the thirty-first day of December in that year), commencing on the day on which that suspension so lapses, as is equal to the sum of any period or periods of suspension (whether under sub-regulation (1) or otherwise) during the previous year, suspended to and including the thirty-first day of December in the first-mentioned year.
Termination on account of failure to resume last year of secondary education after inter-State transfer.
Where a holder whose Scholarship has been suspended under sub-regulation 17 (1) in a year has not, before the first day of March in the next succeeding year, commenced to undertake, as part of an approved course at a secondary school in a State, the last year of secondary education in that State, the holder’s Scholarship thereupon terminates.
Suspension on account of late notification of grant.
(1) Subject to sub-regulation (2) and regulation 20, where a holder—
(a) in the case of a holder whose Scholarship has been granted under sub-section 9 (2) of the Act—receives notification in writing after 31 January 1974 but before 1 March 1975 of the grant to him before the commencement of the Act of a Commonwealth Senior Secondary Scholarship (whether or not that notification is received by him before or after the commencement of the Act); or
(b) in the case of a holder whose Scholarship has been granted under section 7 of the Act—receives notification in writing before 1 March 1975 of the grant to him of that Scholarship,
and at the date of receipt of that notification has discontinued his secondary studies, the holder’s Scholarship shall be deemed to have been suspended on the day on which his Scholarship was granted to him until—
(c) in the case of a holder who commences to undertake an approved course at a secondary school in the year 1974—the day on which he commences to undertake that course at that school;
(d) in the case of a holder who commences to undertake an approved course at a secondary school in the year 1975 within the first 10 school days applicable to that school in that year—1 January 1975; or
(e) in the case of a holder who commences to undertake an approved course at a secondary school in the year 1975 after the expiration of the first 10 school days applicable to that school in that year—the day on which he commences to undertake that course at that school.
(2) Where a holder whose Scholarship was suspended in the year 1974 under sub-regulation (1) and who commenced to undertake an approved course at a secondary school in that year is, principally by reason of his non-attendance at school during that year and any absences from school in that year on any account (other than absences for which no satisfactory explanation is given to the principal of the holder’s school), required to repeat in the year 1975 the year of the course of secondary education that he undertook in the year 1974, his Scholarship is, after the expiration of so much of the year 1975 as is equal to the sum of any periods of suspension (whether under sub-regulation (1) or otherwise) during the year 1974, suspended to and including 31 December 1975.
Termination on account of failure to undertake approved course following late notification.
20. Where a holder whose Scholarship has been suspended under sub-regulation 19 (1) has not, before 1 March 1975, commenced to undertake an approved course at a secondary school, his Scholarship thereupon terminates.
Suspension on account of repeated studies previously undertaken successfully.
21. Where a holder who has undertaken successfully in a year the third last year, or the second last year, of his course of secondary education proposes to repeat, or is repeating, in a subsequent year, that year of his course of secondary education, his Scholarship is suspended during the whole of that subsequent year.
Expiry after successful completion of last year of secondary education.
22. Where a holder undertakes successfully in a year, as part of an approved course at a secondary school in a State, the last year of secondary education in that State, his Scholarship expires at the end of that year.
Termination for unsatisfactory progress or attendance.
23. (1) Subject to sub-regulation (2), where the principal of the secondary school at which a holder is undertaking an approved course reports in writing to an authorized person—
(a) that the holder has not, at the end of the second last year of his course of secondary education, qualified to enter the last year of that course; or
(b) that the progress or attendance of the holder has been unsatisfactory,
the authorized person shall terminate the holder’s Scholarship.
(2) An authorized person shall not terminate a Scholarship under sub-regulation (1)—
(a) if the Scholarship is suspended under these Regulations; or
(b) if—
(i) the holder’s failure, at the end of the second last year of his course of secondary education, to qualify to enter the last year of that course; or
(ii) the unsatisfactory progress or attendance of the holder,
is due principally to the transfer of the holder from a school in a State to a school in another State or illness or other circumstances beyond the control of the holder.
Termination where holder entitled to other assistance.
24. (1) Where a holder—
(a) becomes entitled to any educational assistance (including assistance under the Aboriginal Secondary Grants Scheme but not including assistance under the Assistance for Isolated Children Scheme, the Secondary Allowances Scheme or the Soldiers’ Children Education Scheme) granted by Australia; or
(b) becomes entitled to any educational assistance granted otherwise than by Australia and enters into a training agreement with the person by or on whose behalf the educational assistance is granted,
his Scholarship thereupon terminates.
(2) In sub-regulation (1), “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award other than benefit under student assistance to which the Act applies.
Division 2—Benefit under Senior Secondary Scholarships
Rate of basic allowance under Senior Secondary Scholarship.
25. For the purposes of paragraph 8 (a) of the Act, the rate at which basic allowance is payable in respect of a holder in a year is—
(a) in respect of the first school term—$100; and
(b) in respect of each of the second and third school terms—$25.
Persons in respect of whom living allowance is payable under Senior Secondary Scholarship.
26. For the purposes of paragraph 8 (b) of the Act, living allowance is payable in respect of a holder (other than a holder who is entitled to assistance under the Assistance for Isolated Children Scheme or the Soldiers’ Children Education Scheme) in a year the adjusted family income of whose family in respect of that year does not exceed $6,475.
Rate of living allowance payable under Senior Secondary Scholarship.
27. (1) The rate at which living allowance is payable under regulation 26 in a year in respect of a holder is the amount per week of a school term ascertained in accordance with the formula Start fraction A minus B over 3 mulitplied by C end fraction where—
A is $250
B is an amount calculated on the basis of $1 for every $5 by which the adjusted family income of the holder in respect of that year exceeds $5,300; and
C is the number of weeks in the school term.
(2) Subject to sub-regulations (3) and (4), the adjusted family income of the family of a holder in respect of a year is the total of the gross incomes in the year that ended on the thirtieth day of June in the year last preceding that year of the persons who were the parents of the holder on that thirtieth day of June less an amount equal to the sum of—
(a) the deductions allowable under sections 51 to 54 (inclusive) of the Income Tax Assessment Act as in force on that thirtieth day of June for losses and outgoings incurred in gaining or producing the assessable income within the meaning of that Act of those persons during the year that ended on that thirtieth day of June; and
(b) an amount calculated on the basis of $450 for each child of those persons or either of them (other than the holder) who was wholly or partly dependent upon those persons or either of them on that thirtieth day of June.
(3) For the purposes of sub-regulation (2), the gross income—
(a) in the year that ended on 30 June 1973 of a person referred to in that sub-regulation in relation to a holder does not include—
(i) any pension, payment, allowance, endowment, benefit or expense of a kind referred to in paragraph 23 (k), (kaa), (kab) or (kb) of the Income Tax Assessment Act as in force on 30 June 1973 paid or payable to the person in respect of that year;
(iii) any other income paid or payable to the person in respect that year that is income of a like kind to a pension, payment, allowance, endowment, benefit or expense referred to in sub-paragraph (i) or (ii); or
(iv) any educational assistance paid or payable to that person in respect of that year, being educational assistance in respect of the holder or any other child of that person; and
(b) in the year that ended on 30 June 1974, or ends on a subsequent thirtieth day of June, of a person referred to in that sub-regulation in relation to a holder does not include—
(i) any pension, payment, allowance, endowment, benefit or expense of a kind referred to in paragraph 23 (kb) or paragraph 23ad (3) (a), (b) or (c) of the Income Tax Assessment Act as in force on that thirtieth day of June;
(iii) any other income paid or payable to the person in respect of that year that is income of a like kind to a pension, payment, allowance, endowment, benefit or expense referred to in sub-paragraph (i) or (ii); or
(iv) any educational assistance paid or payable to that person in respect of that year, being educational assistance in respect of the holder or any other child of that person.
(4) For the purposes of sub-regulation (2), the gross income of a person referred to in that sub-regulation in relation to a holder includes any moneys paid or payable to that person by any other person by way of maintenance, or otherwise, for the benefit of the holder, that person or any dependant of that person.
(5) In sub-regulation (3), “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award and includes benefit under student assistance to which the Act applies.
Living allowance—special circumstances.
28. Where in a year—
(a) the total of the gross incomes of the persons who were, on the thirtieth day of June in the year last preceding that year, the parents of a holder is adversely affected as a result of—
(i) the death or retirement of the parent who, on that thirtieth day of June, was the principal breadwinner of the family of the holder;
(ii) drought, bushfire or other occurrence outside the control of those parents; or
(iii) any other circumstances causing hardship to those parents,
and is likely to continue to be so affected for at least 2 years; or
(b) as a result of the separation of the persons who were, on the thirtieth day of June in the year last preceding that year, the parents of the holder—
(i) the holder resides with the parent who was not, on that thirtieth day of June, the principal breadwinner of the family of the holder; or
(ii) the holder, while not residing with either of those parents, is wholly or substantially dependent on the parent who was not, on that thirtieth day of June, the principal breadwinner of the family of the holder,
and it would be unreasonable, in those circumstances, for the adjusted family income of the family of the holder in respect of that year to be calculated in accordance with sub-regulation 27 (2), the adjusted family income of the family of the holder in respect of that year shall be calculated in accordance with that sub-regulation as if the reference in that sub-regulation to the year that ended on the thirtieth day of June in the year last preceding that year were read as a reference to the year ending on the thirtieth day of June in that year.
Part III—Tertiary Education Assistance
Division 1—Grant of Tertiary Education Assistance
Definitions.
In this Part, unless the contrary intention appears—
“applicant” means an applicant for the grant of Assistance under Part III of the Act;
“approved course” means a course of study or instruction approved by the Minister for the purposes of section 10 of the Act;
“Assistance” means Tertiary Education Assistance granted under the Act;
“grantee” means a person to whom the grant of Assistance has been approved under section 10, 12 or 13 of the Act;
“orphan” means—
(a) a person (other than a person referred to in paragraph (b)) both of whose natural parents are dead; or
(b) a person both of whose adoptive parents are dead or, if that person had only one adoptive parent, whose adoptive parent is dead;
“ward” means a person who is a ward for the purpose of the Child Welfare Ordinance 1957-1971 of the Australian Capital Territory or of a law of a State or of another Territory that makes provision with respect to persons that correspond with the provisions made by that Ordinance with respect to wards;
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30. (1) For the purposes of this Part, a grantee shall be deemed to be of independent status if he—
(a) has attained or will, in the relevant year, attain the age of 25 years;
(b) has a spouse or has had a spouse;
(c) is an orphan;
(d) is a ward, or was a ward and ceased to be a ward by reason only of his having attained the age at which, under the law of the State or Territory for the purposes of which he was a ward, a person ceases to be a ward; or
(e) is maintaining himself without financial assistance from any person (except by way of educational assistance or remuneration from employment) and has so maintained himself continuously during—
(i) a period of 2 years; or
(ii) periods (being periods of not less than 6 months) totalling not less than 2 years,
during the immediately preceding period of 5 years.
(2) In sub-regulation (1), a reference to a year other than the relevant year shall be read as a reference to a period of 12 months.
(3) In paragraph (1) (e) “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award including benefit under student assistance to which the Act applies.
(4) In this Part “the relevant year”, in relation to an applicant or a grantee, means the year in respect of which the application for the grant of Assistance is made by the applicant, or in respect of which Assistance has been granted to the grantee, as the case may be.
Persons deemed not to be parties to training agreements.
31. A person who has entered into a training agreement shall be deemed not to be a party to that training agreement for the purposes of this Part if—
(a) he has entered into a further agreement with the other party to the training agreement under which he will be released from his obligation under the training agreement, whether or not he has complied with any conditions that he is to be required to comply with before being so released; and
(b) a note or memorandum in writing evidencing the further agreement has been produced to an authorized person.
Applications.
32. (1) A person who is an Australian citizen or a permanent resident of Australia and is undertaking, or proposes to undertake, in a year at a tertiary education institution an approved course may apply for Assistance in respect of the year by furnishing an application for Assistance to an authorized person.
(2) An application for Assistance—
(a) shall be in accordance with the form made available by an authorized person for the purpose, being a form that requires the furnishing by the applicant of particulars of or in relation to—
(i) the full name of the applicant;
(ii) the applicant’s place of residence;
(iii) the nature of the applicant’s residence in Australia and the place where the applicant’s parents ordinarily reside;
(iv) any training agreement to which the applicant is a party;
(v) any other assistance including any scholarship, bursary or like award for which the applicant has applied;
(vi) the course that the applicant proposes to undertake and the institution at which he proposes to undertake that course;
(vii) secondary studies undertaken by the applicant and any studies undertaken by the applicant after completing his secondary education; and
(viii) the eligibility of the applicant for benefit under section 11 of the Act;
(b) shall be signed by the applicant; and
(c) shall be furnished to an authorized person by delivering it to any office of the Department not later than the thirty-first day of December in the relevant year.
(3) Where an application is furnished to an authorized person after the thirty-first day of December in the relevant year, the authorized person shall disregard the application.
Applications made before commencement of the Act.
Notwithstanding sub-regulations 32 (2) and (3), a person who is an Australian citizen or a permanent resident of Australia, is undertaking an approved course in the year 1974 at a tertiary education institution and who, prior to the commencement of the Act, applied, in respect of the year 1974, for the grant of financial assistance by the Australian Government in respect of a course at that tertiary education institution, shall be deemed to have applied on the date of commencement of the Act for the grant of Assistance in respect of the year 1974 in relation to an approved course at that tertiary education institution.
Eligibility.
(1) An applicant who is undertaking, or proposes to undertake, in a year at a tertiary education institution an approved course (including an approved course that is the combination of two courses each of which is also an approved course) is not eligible to be granted Assistance in respect of the year—
(a) if he is not accepted for enrolment to commence or continue the course in that year at the tertiary education institution;
(b) if he is serving a term of imprisonment;
(c) if he is a party to a training agreement;
(d) if he has completed—
(i) a course of tertiary education that is—
(A) in the case of a course completed in Australia before the commencement of the Act, or a course completed elsewhere than in Australia—a course that is equivalent to an approved course; or
(B) in the case of a course completed in Australia after the commencement of the Act—an approved course;
and
(ii) a course of tertiary education (not being an approved course that is a course of technical education or, in the case of a course completed before the commencement of the Act, a course approved under the former Commonwealth Technical Scholarship Scheme) that is—
(A) in the case of a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia—a course that is equivalent to an approved course; or
(B) in the case of a course completed in Australia after the commencement of the Act—an approved course;
(e) if—
(i) he has completed a course referred to in sub-paragraph (d) (i); and
(ii) he has undertaken during a period of not less than 6 months a course of studies for the degree of Master or the degree of Doctor.
(f) if he has completed a course referred to in sub-paragraph (d) (i) (not being a course that was approved under the former Commonwealth Technical Scholarship Scheme) that is equivalent to an approved course (other than an approved course which in combination with the first-mentioned approved course is also an approved course) that is of a level higher than the level of the first-mentioned approved course;
(g) if, in the case of an applicant who is undertaking an approved course in respect of which progress towards completion is calculated on the basis of passes in yearly courses of study—
(i) by reason of his failure to pass a year of the course in his last year of study, he is not permitted to proceed to the next year of the course;
(ii) in the year of the course undertaken in his last year of study, he successfully completed not more than one-half of a year’s work for a student undertaking that year of the course unless, in the case of an applicant for Assistance in respect of the year 1974, the applicant has been permitted to proceed to the next year of the course; or
(iii) so much of the approved course as he would have completed if he had, in each of his years of study in the course (not being a repeat year of study), successfully completed a year of the course, exceeds by more than one-half of a year’s work in the course, the part of the course (including any part undertaken in a repeat year) that he has successfully completed unless, in the case of an applicant for Assistance in respect of the year 1974, he has been permitted to proceed to the next year of the course;
(h) if, in the case of an applicant who is undertaking an approved course in respect of which progress towards completion is calculated on the basis of subject passes—
(i) where he has undertaken 1 year of study only in his course, being a year of study that he undertook as a full-time student —such subjects as he successfully completed represent—
(B) in the case of an applicant for Assistance in respect of a year subsequent to the year 1974—one-half or less than one-half,
of a first year’s work for a full-time student in that course;
(ii) where he has undertaken 2 years of study only in his course, being years of study that he undertook as a part-time student—such subjects as he successfully completed together represent—
(B) in the case of an applicant for Assistance in respect of a year subsequent to the year 1974—one-half or less than one-half,
of the first 2 years’ work for a part-time student in that course;
(iii) where he has undertaken 2 or more years of study in his course and the last of those years of study was a full-time year—such subjects as he successfully completed in that last year of study represent less than one-half of a year’s work for a full-time student in that course;
(iv) where he has undertaken more than 2 years of study in his course and the last 2 of those years of study were undertaken by him as a part-time student—such subjects as he successfully completed in those 2 years of study together represent less than one-half of 2 years’ work for a part-time student in that course;
(v) where he has undertaken 2 years of study only in his course, being a full-time year and a part-time year respectively—such subjects as he successfully completed in those 2 years of study together represent—
(B) in the case of an applicant for Assistance in respect of a year subsequent to the year 1974—one-half or less than one-half,
of the sum of 1 year’s work for a full-time student and 1 year’s work for a part-time student in that course;
(vi) where he has undertaken more than 2 years of study in his course and the last 2 of those years of study were undertaken as a full-time year and a part-time year respectively—such subjects as he has successfully completed in those 2 years represent one-half of the sum of 1 year’s work for a full-time student and 1 year’s work for a part-time student in that course; or
(vii) so much of the approved course as he would have completed if he had, in each of his years of study in the course (not being a repeat year of study), successfully completed such subjects as represent a year’s work for a full-time student or a part-time student, as the case may be, exceeds by more than one-half of a year’s work for a full-time student in the course, the part of the course (including any part undertaken in a repeat year) that he has successfully completed unless, in the case of an applicant for Assistance in respect of the year 1974, the applicant—
(A) successfully completed in his last year of study such subjects as represent at least one-half of a year’s work for a full-time student or a part-time student, as the case may be, in that course; and
(B) is undertaking in the year 1974 a subject in that course that he has not previously undertaken;
(j) if he has undertaken, whether as a full-time student or a part-time student in any year, such number of years of study (not including any repeat year of study) in the approved course (being a course in respect of which progress towards completion is calculated on the basis of subject passes) as would have enabled a student who had undertaken those same years of study in that course and had successfully completed, in each of those years of study, such subjects as represent a year’s work for a full-time student or a part-time student, as the case may be, in that course to complete the course prior to that year unless—
(i) in the case of an applicant for the grant of Assistance in respect of the year 1974 who requires to undertake at least one year’s work for a full-time student in that course in order to complete his course—the applicant—
(A) successfully completed in his last year of study such subjects as represent at least one-half of a year’s work for a full-time student or a part-time student, as the case may be, in that course; and
(B) is undertaking in a year of study that commenced in the year 1974 such subjects (other than subjects that he is undertaking in lieu of subjects previously undertaken and failed), including subjects not previously undertaken by the applicant, as together represent not less than three-quarters of a year’s work for a full-time student in that course; or
(ii) in the case of an applicant for the grant of Assistance in respect of the year 1974 who requires to undertake less than three-quarters, but more than one-half, of a year’s work for a full-time student in that course in order to complete his course, the applicant—
(A) successfully completed in his last year of study such subjects as represent at least one-half of a year’s work for a full-time student or a part-time student, as the case may be, in that course; and
(B) is undertaking in a year of study that commenced in the year 1974 the remainder of his course and cannot, by reason of lecture time-tables, laboratory hours or other similar considerations, reasonably be expected to undertake full-time employment in that year of study;
(k) if he has completed, whether in Australia or elsewhere, a course of tertiary education that is—
(i) in the case of a course completed in Australia before the commencement of the Act, or a course completed elsewhere than in Australia—a course that is equivalent to an approved course; or
(ii) in the case of a course completed in Australia after the commencement of the Act—an approved course,
of the same level as the approved course and the work that he successfully undertook in the completed course exceeds by more than one-half of a year’s work for a full-time student in the approved course that part of the approved course that he has successfully undertaken;
(i) if—
(i) the approved course is a course that in combination with another approved course is also an approved course;
(ii) the applicant has completed that other approved course or a course of tertiary education (being a course completed in Australia before the commencement of the Act or a course completed elsewhere than in Australia) that is equivalent to that other approved course; and
(iii) that part of the approved course that remains to be undertaken by the applicant exceeds by more than one-half of a year’s work for a full-time student in the approved course the amount by which the work that is required to be undertaken by a student over the whole of the combined course exceeds the work successfully undertaken by the applicant in the completed course; or
(m) if—
(i) in the case of an applicant for Assistance in respect of the year 1974 who has discontinued a course of tertiary education (being a course that he discontinued in Australia before the commencement of the Act or discontinued elsewhere than in Australia) that is equivalent to an approved course—
(A) so much of the discontinued course as he undertook (whether successfully or not) before he discontinued the course exceeds by more than one-half of a year’s work for a full-time student in the approved course such part (if any) of the approved course as he has successfully completed (including any part of the discontinued course that he is credited with having completed as part of the approved course); or
(B) he is undertaking, or proposes to undertake, in a year of study commencing in the year 1974 such subjects as represent in the aggregate less than three-quarters of a year’s work in the approved course for a full-time student in that course; or
(ii) in the case of an applicant for Assistance in respect of a year subsequent to the year 1974 who has discontinued a course of tertiary education that is an approved course, or, if the course was discontinued before the commencement of the Act or was discontinued elsewhere than in Australia, a course that is equivalent to an approved course, so much of the discontinued course as he undertook (whether successfully or not) before he discontinued that course exceeds such part (if any) of the approved course as he has successfully completed (including any part of the discontinued course that he is credited with having completed as part of the approved course).
(2) Subject to sub-regulation (4), for the purposes of sub-regulation (1)—
(a) an applicant for the grant of Assistance in respect of the year 1974 shall be deemed not to have undertaken a year of a course, or a subject, that he discontinued before the third term in the year of study in which he commenced to undertake that year of his course, or that subject, or, where he commenced to undertake semester studies in that year of his course, or that subject—
(i) in a year of study that commenced on the first day of January in a year—before the first day of September in that year; or
(ii) in a year of study that commenced on the first day of July in a year—before the first day of April in the next succeeding year; and
(b) an applicant for the grant of Assistance in respect of a year subsequent to the year 1974, shall be deemed not to have undertaken a year of a course, or a subject, in a year of study that—
(i) he discontinued in that year of study, and
(ii) was not, for the purposes of determining the progress of the applicant in that year of study, counted by the educational institution at which he undertook that year of study as a year of the course, or a subject, that was undertaken by the applicant in that year of study.
(3) For the purposes of paragraphs (1) (f) and (k)—
(a) any two approved courses, each of which is a diploma course (other than a post-graduate diploma course), or a first degree course, at a university or advanced education institution, are approved courses of the same level;
(b) an approved course that is a diploma course (including a postgraduate diploma course), or a degree course (including a postgraduate degree course), at a university or an advanced education institution, is an approved course of a higher level than an approved course that is a course of technical education at a technical college; and
(c) an approved course, entry to which is subject to completion of another approved course, is an approved course that is of a higher level than that other approved course,
(4) Sub-paragraphs (1) (g) (i) and (1) (h) (i) do not apply to an applicant who, in a year of study, discontinued as a full-time student or a part-time student, as the case may be, the first year of his course—
(a) where that year of study commenced on the first day of January in a year—before the first day of July in that year; or
(b) where that year of study commenced on the first day of July in a year—before the first day of January in the next succeeding year.
(5) Nothing in sub-regulation (1) shall prevent the grant of Assistance to an applicant who, but for this sub-regulation, would be ineligible under that sub-regulation for the grant of Assistance in respect of a year by reason only of his failure to complete successfully the whole or a part of the course of studies that he undertook in any year of study in his course where that failure was due to illness or other circumstances beyond his control.
(6) In this regulation, “part-time student” and “part-time year” respectively include an external student and an external year.
(7) For the purposes of sub-regulation (1)—
(a) a person who is undertaking an approved course that is the combination of two courses each of which is an approved course shall not be taken to have completed a course of tertiary education that is an approved course or a course that is equivalent to an approved course by reason only of his having completed one of those courses or a course that is equivalent to one of those courses; and
(b) a person who has completed—
(i) an approved course that is the combination of two courses each of which is an approved course; or
(ii) a course that is equivalent to an approved course, being an approved course that is the combination of two courses each of which is an approved course, shall be deemed to have completed a course of tertiary education referred to in sub-paragraph (1) (d) (i) and a course of tertiary education referred to in sub-paragraph (1) (d) (ii).
(8) In this regulation, a reference to a year of study shall, in relation to a course that was commenced after the thirtieth day of June in a year, be read as a reference to the period of 12 months that commenced on the first day of July in that year or a subsequent year, as the case requires.
(9) In this regulation, a reference to a year of a course (being a course in respect of which progress towards completion is calculated on the basis of passes in yearly courses of study) undertaken by an applicant in a year of study means the work prescribed by the educational institution at which the applicant undertook studies in that course in that year of study as a year’s work for a student undertaking the part of the course undertaken by the applicant in that year of study.
(10) In this regulation, a reference to the last year of study in which an applicant undertook studies in an approved course shall be read as a reference to the most recent year of study, being a year of study that ended before the commencement of the relevant year, in which the applicant undertook studies in the approved course.
(11) In this regulation, a reference to a repeat year of study undertaken by an applicant shall be read as a reference to a year of study in which the year’s work undertaken by the applicant consisted wholly or substantially of subjects that he—
(a) undertook unsuccessfully; or
(b) elected not to undertake,
in a previous year of study.
Suspension of Assistance on account of imprisonment.
Where a grantee’s studies in an approved course in a year are interrupted by reason of a period of imprisonment causing only such break in his studies in that year as does not warrant the discontinuation of his studies in the approved course in that year, the grantee’s Assistance is suspended on and from the day on which the period of imprisonment commences until the grantee resumes his course of studies in the approved course in that year.
Termination before commencement of approved course.
Where a grantee notifies an authorized person in writing that he does not propose to commence to undertake an approved course in the relevant year, the grantee’s Assistance thereupon terminates.
Termination after commencement of approved course.
(1) Where a grantee discontinues the approved course that he is undertaking in the relevant year, his Assistance thereupon terminates.
(2) For the purposes of sub-regulation (1), where a grantee discontinues his approved course at the commencement of a term or semester, he shall be deemed to have discontinued his approved course immediately before the commencement of the vacation preceding the commencement of that term or semester, as the case may be.
Termination for ineligibility.
(1) Where a grantee would, if he were an applicant for Assistance, cease to be eligible for the grant of Assistance, his Assistance thereupon terminates.
(2) Assistance shall not terminate under sub-regulation (1) by reason only of the grantee undergoing a period of imprisonment referred to in regulation 35.
Expiry of Assistance at end of year for which granted.
Assistance granted to a grantee, unless sooner terminated under regulation 36, 37 or 38, expires at the end of the relevant year.
Division 2—Benefit under Tertiary Education Assistance
Prescribed fees.
For the purposes of paragraph 11 (a) of the Act, fees of each of the following kinds paid or payable in respect of a grantee are fees of a prescribed kind:—
(a) tuition fees;
(b) examination fees;
(c) fees in respect of the conferring of a degree or diploma upon completion of an approved course or part of an approved course; and
(d) other fees not being—
(i) fees imposed by a faculty or department of a tertiary education institution;
(ii) fees for residence at a tertiary education institution or fees for any board or lodgings;
(iii) fees the payment of which is voluntary; or
(iv) fees in respect of membership of a students’ representative council, a students’ union, a students’ sports union or similar organization.
Living allowance-students deemed to be of independent status.
(1) Subject to regulation 44, this regulation applies to a grantee who shall be deemed to be of independent status and is undertaking an approved course as a full-time student.
(2) For the purposes of sub-regulation (3), the maximum allowance in respect of a grantee to whom this regulation applies is $1,400.
(3) Where the maximum allowance in respect of a grantee exceeds by not less than $50 the sum of the following amounts:—
(a) if the income of the grantee in the relevant year from educational assistance exceeds $600—the amount of the excess;
(b) two-thirds of the amount (if any) by which the sum of the following amounts exceeds $1,500:—
(i) if the income of the grantee in the relevant year from educational assistance does not exceed $600—the amount of that income;
(ii) if the income of the grantee in the relevant year from educational assistance exceeds $600—$600; and
(iii) the amount of other income (if any) that the grantee receives in the relevant year from any source; and
(c) if the holder has a spouse who is not a grantee in respect of whom living allowance is payable under paragraph 11 (b) of the Act—two-thirds of the amount (if any) by which the income of the spouse in the relevant year from all sources exceeds $5,300,
a living allowance is payable in respect of the grantee, or in respect of the grantee and his dependants.
(4) The rate at which living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of a grantee and his dependants, is the amount per week calculated in accordance with the formula Start fraction A minus B over 52 end fraction where—
A is $1,400; and
B is the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee.
(5) Where living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of a grantee and his dependants, and the grantee has a spouse who is not—
(a) a grantee in respect of whom living allowance is payable under paragraph 11 (b) of the Act; or
(b) in receipt of any income,
the rate of the living allowance shall be increased by $8 per week.
(6) Where living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of a grantee and his dependants, and the grantee has a child or children wholly or substantially dependent on him, the rate at which living allowance is payable in respect of the grantee, or in respect of the grantee and his dependants, shall be increased by $5 per week for each such child.
(7) In this regulation, “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award other than benefit under Assistance.
Living allowance—other scholars.
(1) Subject to regulation 44, this regulation applies to a grantee, other than a grantee who shall be deemed to be of independent status, who is undertaking an approved course as a full-time student.
(2) For the purposes of sub-regulation (3), the maximum allowance in respect of a grantee to whom this regulation applies is—
(a) in the case of a grantee who—
(i) has attained, or will in the relevant year attain, the age of 21 years and does not reside with his parents;
(ii) has not attained the age of 21 years, does not reside with his parents, and for whom it would be impracticable, by reason of inadequacy of opportunity or facilities for study at his parents’ permanent home, or other similar circumstances, to live with his parents;
(iii) has not attained the age of 21 years and for whom residence at the tertiary education institution at which he is undertaking an approved course is a compulsory requirement of that tertiary education institution for students undertaking that approved course; or
(iv) has not attained the age of 21 years, does not reside with his parents, and for whom it would be impracticable, by reason of the time and distance that would be involved in daily travel from his parents’ permanent home to the tertiary education institution of his choice, for him to live with his parents—
$1,400; and
(b) in any other case—$850.
(3) Where the maximum allowance in respect of a grantee, other than a grantee who has a brother or sister who is undertaking an approved course as a full-time student and is in receipt of any income (including educational assistance) in the relevant year, exceeds by not less than $50 the sum of the following amounts:—
(a) the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year;
(b) if the income of the grantee in the relevant year from educational assistance exceeds $600—the amount of the excess; and
(c) the amount (if any) by which the sum of the following amounts exceeds $1,500:—
(i) if the income of the grantee in the relevant year from educational assistance does not exceed $600—the amount of that income;
(ii) if the income of the grantee in the relevant year from educational assistance exceeds $600—$600; and
(iii) the amount of other income (if any) that the grantee receives in the relevant year from any source,
living allowance is payable in respect of the grantee, or in respect of the grantee and his dependants.
(4) The rate at which living allowance is payable under sub-regulation (3) in respect of a grantee, or in respect of the grantee and his dependants, is the amount per week calculated in accordance with the formula Staart fraction A minus B over 52 end fraction where—
A is the amount of the maximum allowance in respect of the grantee; and
B is the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee.
(5) In sub-regulation (3), “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award other than benefit under Assistance.
(6) For the purposes of this regulation, the prescribed amount based on the adjusted family income of the family of a grantee in respect of the relevant year is—
(a) if the grantee has, in the relevant year, a brother or sister who is undertaking an approved course as a full-time student—an amount calculated in accordance with the formula Start fraction M over N end fraction where—
M is the amount equal to the amount calculated in accordance with paragraph (b) in relation to the grantee; and
N is the number of children (including the grantee) of the parents of the grantee or either of them (whether or not those children are grantees) undertaking approved courses as full-time students; and
(b) in any other case—an amount calculated on the basis of $2 for every $10 by which the adjusted family income of the family of the grantee in respect of the relevant year (excluding, if that adjusted family income exceeds $10,600, the amount of the excess) exceeds $5,300 and $3 for every $10 by which that adjusted family income exceeds $10,600.
(7) Subject to sub-regulations (8) and (10), for the purposes of sub-regulation (6), the adjusted family income of the family of a grantee in respect of the relevant year means the total of the gross incomes in the year that ended on the thirtieth day of June in the year last preceding the relevant year of the persons who were the parents of the grantee on that thirtieth day of June less the deductions allowable under sections 51 to 54 (inclusive) of the Income Tax Assessment Act as in force on that thirtieth day of June for losses and outgoings incurred in gaining or producing the assessable income within the meaning of that Act of those persons in the year that ended on that thirtieth day of June and an amount calculated on the basis of $450 for each child, other than the grantee, of those persons or either of them who was wholly or partly dependent upon those persons or either of them on that thirtieth day of June.
(8) For the purposes of sub-regulation (7), the gross income—
(a) in the year that ended on 30 June 1973 of a person referred to in that sub-regulation in relation to a grantee does not include—
(i) any pension, payment, allowance, endowment, benefit or expense of a kind referred to in paragraph 23 (k), (kaa), (kab) or (kb) of the Income Tax Assessment Act as in force on 30 June 1973 paid or payable to the person in respect of that year;
(iii) any other income paid or payable to the person in respect of that year that is income of a like kind to a pension, payment, allowance, endowment, benefit or expense referred to in sub-paragraph (i) or (ii); or
(iv) any educational assistance paid or payable to that person in respect of that year, being educational assistance in respect of the grantee or any other child of that person; and
(b) in the year that ended on 30 June 1974, or ends on a subsequent thirtieth day of June, of a person referred to in that sub-regulation in relation to a grantee does not include—
(i) any pension, payment, allowance, endowment, benefit or expense of a kind referred to in paragraph 23 (kb) or paragraph 23ad (3) (a), (b) or (c) of the Income Tax Assessment Act as in force on that thirtieth day of June;
(iii) any other income paid or payable to the person in respect of that year that is income of a like kind to a pension, payment, allowance, endowment, benefit or expense referred to in sub-paragraph (i) or (ii); or
(iv) any educational assistance paid or payable to that person in respect of that year, being educational assistance in respect of the grantee or any other child of that person.
(9) In sub-regulation (8), “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award and includes benefit under student assistance to which the Act applies.
(10) For the purposes of sub-regulation (7), the gross income of a person referred to in that sub-regulation in relation to a grantee includes any moneys paid or payable to that person by any other person by way of maintenance, or otherwise, for the benefit of the grantee, that person or any dependant of that person.
(11) For the purpose of calculating the prescribed amount based on the adjusted family income of the family of a grantee in respect of the relevant year, where in the relevant year a brother or sister of the grantee—
(a) is a party to a training agreement;
(b) is a grantee who shall be deemed to be of independent status; or
(c) will receive in the aggregate an amount in excess of $600 by way of educational assistance,
the brother or sister shall be deemed not to be undertaking an approved course as a full-time student.
(12) Where—
(a) the prescribed amount based on the adjusted family income of the family of a grantee in respect of the relevant year is calculated as provided in paragraph (6) (a);
(b) a brother or sister of the grantee, being a brother or sister other than a brother or sister referred to in sub-regulation (11), who is undertaking an approved course as a full-time student, is in receipt of any income (including educational assistance) in the relevant year; and
(c) the sum of—
(i) the amount (if any) by which the maximum allowance in respect of the grantee would exceed the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee if sub-regulation (3) applied to the grantee and the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year were calculated as provided in paragraph (6) (b); and
(ii) the amount (if any) by which the amount of the additional living allowance exceeds the sum of the amount in the aggregate by which the respective incomes in the relevant year of each brother or sister referred to in paragraph (b) exceeds—
(A) if the brother or sister is living at home—$850; or
(B) in any other case—$1,400,
is not less than $50,
living allowance is payable under this sub-regulation in respect of the grantee, or in respect of the grantee and his dependants.
(13) The rate at which living allowance is payable under sub-regulation (12) is the amount per week calculated in accordance with the formula Start fraction C over 40 end fraction where—
A is the amount (if any) by which the maximum allowance in respect of the grantee would exceed the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee if sub-regulation (3) applied to the grantee and the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year were calculated as provided in paragraph (6) (b);
B is the amount (if any) by which the amount of the additional living allowance exceeds the sum of the amount in the aggregate by which the respective incomes in the relevant year of each brother or sister referred to in paragraph (12) (b) exceeds—
(a) if the brother or sister is living at home—$850; or
(b) in any other case—$1,400.
(14) In sub-regulations (11), (12) and (13), “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award other than benefit under Assistance.
(15) In sub-regulations (12) and (13) “the additional living allowance”, in relation to the grantee means the amount by which—
(a) the amount by which the maximum allowance in respect of the grantee would exceed the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee if sub-regulation (3) applied to the grantee and the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year were calculated as provided in paragraph (6) (a),
exceeds—
(b) the amount by which the maximum allowance in respect of the grantee would exceed the sum of the amounts referred to in paragraphs (3) (a), (b) and (c) in relation to the grantee if sub-regulation (3) applied to the grantee and the prescribed amount based on the adjusted family income of the family of the grantee in respect of the relevant year were calculated as provided in paragraph (6) (b).
(16) Where living allowance is payable under sub-regulation (3) or (12) in respect of a grantee, or in respect of a grantee and his dependants, and the grantee has a child or children wholly or substantially dependent on him, the rate at which living allowance is payable in respect of the grantee, or in respect of the grantee and his dependants, shall be increased by $5 per week for each such child.
Income from summer vacation employment disregarded.
For the purposes of regulations 41 and 42, in computing the income of a grantee in the relevant year, money received by the grantee from employment undertaken or engaged in during the months of January, February, November and December of that year shall be disregarded.
Living allowance payable only to grantee undertaking full-time work-load.
44. Living allowance is not payable in respect of a grantee who is undertaking, or proposes to undertake, in the relevant year less than three-quarters of a year’s work for a student engaged in full-time studies in that part, or those parts, of the approved course that the grantee is undertaking in that year.
Maximum allowance in respect of holder of existing scholarship residing at a residential college.
(1) Subject to sub-regulation (2), for the purposes of sub-regulation 42 (3), where a grantee, being a grantee to whom regulation 42 applies—
(a) resided, immediately before the commencement of the Act, at a university residential college or hall of residence; and
(b) was the holder of an existing scholarship within the meaning of section 12 of the Act in respect of whom living allowance under the existing scholarship was payable at living-away-from-home rate immediately before the commencement of the Act,
the maximum allowance in respect of the grantee is, notwithstanding anything to the contrary in sub-regulation 42 (2), $1,400.
(2) Where a grantee to whom sub-regulation (1) applies in a year ceases, during the academic year applicable to the university at which the grantee is undertaking an approved course in that year, to reside at a university residential college or hall of residence this regulation thereupon ceases to apply to the grantee in that year and shall not apply to the grantee in a subsequent year.
Living allowance—special circumstances.
46. (1) This regulation applies to a grantee to whom regulation 42 applies.
(2) Where in the relevant year—
(a) the total of the gross incomes of the persons who were, on the thirtieth day of June in the year immediately preceding the relevant year, the parents of a grantee to whom this regulation applies is adversely affected as a result of—
(i) the death or retirement of the parent who, on that thirtieth day of June, was the principal breadwinner of the family of the grantee;
(ii) drought, bushfire or other occurrences outside the control of those parents; or
(iii) any other circumstances causing hardship to those parents, and is likely to continue to be so affected for at least 2 years; or
(b) as a result of the separation of the persons who were on the thirtieth day of June in the year immediately preceding the relevant year the parents of a grantee to whom this regulation applies—
(i) the grantee resides with the parent who was not, on that thirtieth day of June, the principal breadwinner of the family of the grantee; or
(ii) the grantee, while not residing with either of those parents, is wholly or substantially dependent on the parent who was not, on that thirtieth day of June, the principal breadwinner of the family of the grantee,
and it would be unreasonable, in those circumstances, for the adjusted family income of the family of the grantee in respect of the relevant year to be calculated in accordance with sub-regulation 42 (7), the adjusted family income of the family of the grantee in respect of the relevant year shall be calculated in accordance with that sub-regulation as if the reference in that sub-regulation to the year that ended on the thirtieth day of June in the year last preceding the relevant year were read as a reference to the year ending on the thirtieth day of June in the relevant year.
Fares allowance.
(1) Subject to the succeeding sub-regulations of this regulation, where a grantee in respect of whom, or in respect of whom and whose dependants, living allowance is payable and who proposes not to reside at, or is not residing at, his permanent home while attending the tertiary education institution at which he is undertaking an approved course—
(a) makes a journey from his permanent home to the tertiary education institution in order to commence his course for the year;
(b) makes a journey from the tertiary education institution to his permanent home and back to the tertiary education institution during a vacation (including the Easter vacation) other than the summer vacation; or
(c) makes a journey from the tertiary education institution to his permanent home upon the completion of his course for the year or upon the discontinuation of his course,
a fares allowance calculated in accordance with this regulation is payable in respect of the fares paid or payable by or in respect of the grantee for the journey.
(2) Subs-regulation (1) does not apply to—
(a) a grantee in respect of whom, or in respect of whom and whose dependants, living allowance is payable under sub-regulation 41 (3) other than—
(i) in the case of a grantee who does not have a spouse—a grantee who, while undertaking his studies in an approved course, resides at a place other than the permanent home of his parents; or
(ii) in the case of a grantee who has a spouse—a grantee who, while undertaking his studies in an approved course, resides at a place other than the permanent home of the grantee’s spouse; or
(b) a grantee in respect of whom, or in respect of whom and whose dependants, living allowance is payable under sub-regulation 42 (3) or (12) other than a grantee referred to in paragraph 42 (2) (a).
(3) Allowance is payable in a year under sub-regulation (1) in respect of the fares paid or payable by or in respect of the grantee for no more than the following number of journeys referred to in sub-regulation (1):—
(a) where the grantee is undertaking a course of not more than 3 months in duration at a tertiary education institution—1 journey of the kind referred to in paragraph (1) (a) and 1 journey of the kind referred to in paragraph (1) (c);
(b) where the grantee is undertaking a course of more than 3 months, but not exceeding 6 months, in duration at a tertiary education institution—1 journey of each of the kinds referred to in paragraphs (1) (a), (l) (b) and (1) (c); and
(c) where the grantee is undertaking a course exceeding 6 months in duration at a tertiary education institution—1 journey of the kind referred to in paragraph (1) (a), 2 journeys of the kind referred to in paragraph (1) (b) and 1 journey of the kind referred to in paragraph (1) (c).
(4) The amount of the allowance payable under sub-regulation (1) in respect of a journey is the amount equal to the appropriate fare for the journey, or the actual cost incurred in making the journey, whichever is the less.
(5) In this regulation, “the appropriate fare”, in relation to a journey, means—
(a) if second class rail travel is available for the whole of the journey—the fare for second class rail travel for the whole of the journey;
(b) if second class rail travel is available for part, or parts, only of the journey—an amount equal to the sum of—
(i) the fare or fares for second class rail travel for that part, or those parts, as the case may be, of the journey; and
(ii) the fare or fares payable for travel for the remainder of the journey by the most convenient other method of public transport; or
(c) in any other case—the fare, or the sum of the fares, payable for travel by the most convenient form of public transport.
(6) Notwithstanding sub-regulation (5), where a grantee undertakes the whole, or a part, of a journey by aeroplane and it would be unreasonable, having regard to—
(a) illness of the grantee;
(b) the physical incapacity of the grantee; or
(c) the distance and travelling time between the grantee’s permanent home and the tertiary education institution at which he is undertaking an approved course,
to expect the grantee to undertake the journey, or that part of the journey, by any other means, “the appropriate fare”, in relation to the journey, or that part of the journey, means the fare for economy class air travel for the journey, or that part of the journey, as the case may be.
(7) A reference in sub-regulation (5) or (6) to a fare for a journey or part of a journey shall be read, where the grantee is entitled to make the journey or the part of the journey on payment of a fare calculated at a concessional rate, as a reference to the fare so calculated.
(8) An allowance is payable under this regulation whether the grantee travels by rail or by some other means of transport.
Incidentals allowance.
(1) Subject to sub-regulation (2), for the purposes of sub-paragraph 11 (b) (ii) of the Act, the rate at which an incidentals allowance is payable is—
(a) in relation to a grantee who is enrolled as a student at a university—$100 per year;
(b) in relation to a grantee who is enrolled as a student at an advanced education institution—$70 per year; and
(c) in relation to a grantee who is enrolled as a student at a technical college—$30 per year.
(2) For the purposes of sub-paragraph 11 (b) (ii) of the Act, the rate at which an incidentals allowance is payable in respect of a grantee in respect of the year 1974 to whom an incidentals allowance in respect of that year was, prior to the commencement of the Act, paid under regulation 14 of the Commonwealth Scholarships and Awards Regulations is the amount per year calculated in accordance with the formula Start fraction A minus B end fraction where—
A is—
(i) in relation to a grantee who is enrolled as a student at a university—$100;
(ii) in relation to a grantee who is enrolled as a student at an advanced education institution—$70; and
(iii) in relation to a grantee who is enrolled as a student at a technical college—$30; and
B is the amount of the incidentals allowance paid under the Commonwealth Scholarships and Awards Regulations in relation to the grantee.
Part IV—Post-Graduate Awards
Division 1—Grant of Post-graduate Awards
(1) In this Part, unless the contrary intention appears—
“Advanced Education Institution Award” means an Award in respect of a post-graduate course at an advanced education institution;
“applicant” means an applicant for the grant of an Award under Part IV of the Act;
“Award” means a Post-graduate Award granted under the Act;
“Course Award” means an Award in respect of a post-graduate course at a university, other than a Research Award;
“holder” means a person to whom the grant of a Post-graduate Award has been approved under section 14 or 16 of the Act;
“post-graduate course” means a post-graduate course of study, instruction or research approved by the Minister for the purposes of section 14 of the Act;
“Research Award” means an Award in respect of a post-graduate course of research at a university;
(2) In this Part, “the relevant year” in relation to an applicant for the grant of an Award or the holder of an Award means the year immediately following the year in which the application for the grant of an Award is made by the applicant, or the year in respect of which an Award has been granted to the holder, as the case may be.
Applications.
(1) A person who is an Australian citizen or a permanent resident of Australia and is undertaking, or proposes to undertake, as a full-time student at a university or at an advanced education institution, a post-graduate course, may apply for an Award by furnishing an application for the Award to an authority specified by the Secretary by notice published in the Gazette as an authority to whom applications for the grant of an Award in respect of a postgraduate course at the university or advanced education institution specified in the notice may be furnished.
(2) An application for an Award—
(a) shall be in accordance with the form made available by an authorized person for the purpose, being a form that requires the furnishing by the applicant of particulars of or in relation to—
(i) the full name of the applicant;
(ii) the applicant’s place of residence;
(iii) the date and place of birth of the applicant;
(iv) the applicant’s citizenship or residence in Australia;
(v) the applicant’s marital status;
(vi) the applicant’s record of studies at a university, advanced education institution or other institution of tertiary education;
(vii) the applicant’s full-time employment;
(viii) any post-graduate scholarships or similar post-graduate awards held or formerly held by the applicant;
(ix) the applicant’s proposed post-graduate course;
(x) the applicant’s experience in conducting or undertaking research or other studies; and
(xi) the eligibility of the applicant for benefit under section 15 of the Act; and
(b) shall be signed by the applicant.
(3) Where an application is furnished in accordance with sub-regulations (1) and (2) after a date in a year, being—
(a) in the case of an application for a Research Award—the thirty-first day of October in the year;
(b) in the case of an application for a Course Award—the thirtieth day of September in the year; or
(c) in the case of an application for an Advanced Education Institution Award—the thirty-first day of October in the year,
the application shall be disregarded if it is impracticable to consider the applicant’s merit in relation to applicants who submitted their applications on or before that date for the purpose of establishing whether the applicant may
qualify in accordance with the method approved by the Minister for the purposes of regulation 53, 54, 55 or 56, as the case may be, for the grant of an Award in respect of the next succeeding year.
(4) Notwithstanding anything to the contrary in sub-regulations (1), (2) and (3), each person (being an Australian citizen or a permanent resident of Australia who is undertaking, or proposes to undertake, as a full-time student at a university or at an advanced education institution, a post-graduate course) in any one of the following classes of persons, is to be regarded as having duly applied for the grant of an Award in respect of the year 1975:—
(a) persons who before the commencement of the Act applied for the grant in respect of the year 1975 of Commonwealth Post-graduate Awards;
(b) persons who before the commencement of the Act applied for the grant in respect of the year 1975 of financial assistance by the Australian Government in respect of courses of post-graduate study at advanced education institutions; and
(c) persons who after the commencement of the Act apply for the grant in respect of the year 1975 of Awards.
(5) An application for an Award in respect of the year 1975 that is made—
(a) in the case of an application for a Course Award—after the commencement of the Act; or
(b) in the case of an application for a Research Award or an Advanced Education Institution Award—after 31 October 1974,
shall be disregarded if it is impracticable to consider the applicant’s merit in relation to applicants who submitted their applications on or before that date for the purpose of establishing whether the applicant may qualify in accordance with the method approved by the Minister for the purposes of regulation 53, 54, 55 or 56, as the case may be, for the grant of an Award in respect of the year 1975.
Eligibility.
(1) An applicant who is in receipt of educational assistance granted by Australia or by any authority of Australia, being educational assistance that is similar to benefit under an Award, is not eligible to be granted an Award.
(2) In sub-regulation (1), “educational assistance” means any benefit or assistance granted or awarded under a scholarship, bursary or like award other than benefit under student assistance to which the Act applies.
(3) An applicant who has completed, whether in Australia or elsewhere, a post-graduate course, or a course that is equivalent to a post-graduate course, for the award of the degree of Doctor is not eligible to be granted an Award.
(4) An applicant who has completed, whether in Australia or elsewhere, a post-graduate course, or a course that is equivalent to a post-graduate course, for the award of the degree of Master is not eligible to be granted an Award otherwise than in respect of a post-graduate course for the degree of Doctor.
(5) Subject to sub-regulation (6), an applicant who has been the holder of a Commonwealth Post-graduate Award, or an Award, is not eligible to be granted an Award unless the first-mentioned award was terminated before the first day of April in the year in which the applicant commenced to undertake the course in respect of which that first-mentioned award was granted, or within the period of 2 months from the date on which the first-mentioned award was granted, whichever last occurred.
(6) Where an applicant who has been the holder of a Commonwealth Postgraduate Award in respect of a course other than a course of research, or an Award other than a Research Award, has shown outstanding ability in research
during the period in which he held that award and has been selected by a university to undertake a post-graduate course of research for the degree of Doctor, sub-regulation (5) does not apply in relation to him.
Number of Awards to be granted each year.
(1) Subject to sub-regulation (2), the Minister shall determine, in respect of each year—
(a) the number of Research Awards to be granted in respect of the year in accordance with regulation 53;
(b) the number of Research Awards to be granted in respect of the year in accordance with regulation 54;
(c) the number of Course Awards to be granted in respect of the year in accordance with regulation 55; and
(d) the number of Advanced Education Institution Awards to be granted in respect of the year in accordance with regulation 56.
(2) The numbers of awards determined by the Minister under paragraphs (1) (a), (1) (b), (1) (c) and (1) (d) in respect of a year shall be deemed not to include awards granted in respect of the year that are terminated before the first day of April in the year.
Research Awards—initial quota.
(1) Subject to sub-regulation (2), the Minister shall approve the method in accordance with which applicants may qualify for the grant of Research Awards in respect of a year.
(a) for a committee representative of the universities to determine, having regard to the number determined by the Minister for the purposes of paragraph 52 (1) (a), the maximum number (if any) of Research Awards to be granted in respect of a year to persons undertaking or proposing to undertake post-graduate courses at each university;
(b) for the applicants for Research Awards who are undertaking, or propose to undertake, post-graduate courses of study at a university to be classified by that university in order of merit; and
(c) by virtue of which an applicant whose name appears on the order of merit of applicants in respect of a university shall not qualify in accordance with the method for the grant of a Research Award unless each applicant whose name is on that order of merit and who is classified equal to, or higher than, the first-mentioned applicant, also qualifies in accordance with the method for the grant of a Research Award.
(3) The number of Research Awards granted in respect of a year in accordance with this regulation shall not exceed the number equal to, or, having regard to the provisions of paragraph (2) (c), as nearly as practicable equal to, the number determined by the Minister for the purposes of paragraph 52 (1) (a) as the number of Research Awards to be granted in respect of the year in accordance with this regulation.
(4) A Research Award shall not be granted in respect of a year in accordance with this regulation to an applicant other than an applicant who qualifies for the grant of a Research Award in respect of that year in accordance with the method approved by the Minister under sub-regulation (1).
Research Awards—reserve quota.
54. (1) This regulation applies to applicants for Research Awards in respect of a year who do not qualify for the grant of such awards in respect of the year in accordance with the method approved by the Minister under sub-regulation 53 (1).
(2) Subject to sub-regulation (3), the Minister shall approve the method in accordance with which applicants to whom this regulation applies may qualify for the grant of Research Awards in respect of a year.
(3) The Minister shall not approve a method under sub-regulation (2) unless the method contains provisions—
(a) for a committee, appointed by the Minister for the purpose of this sub-regulation after considering nominations furnished to him by a committee representative of the universities, to classify all applicants to which this regulation applies in order of merit;
(b) with respect to the matters to which regard may be had in so classifying applicants; and
(c) by virtue of which an applicant whose name appears on the order of merit shall not qualify in accordance with the method for the grant of a Research Award unless each applicant whose name is on the order of merit and who is classified equal to, or higher than, the first-mentioned applicant, also qualifies in accordance with the method for the grant of a Research Award.
(4) The number of Research Awards granted in respect of a year in accordance with this regulation shall not exceed the number equal to, or, having regard to the provisions of paragraph 3 (c), as nearly as practicable equal to, the number determined by the Minister for the purposes of paragraph 52 (1) (b) as the number of Research Awards to be granted in respect of the year in accordance with this regulation.
(5) A Research Award shall not be granted in respect of a year in accordance with this regulation to an applicant to whom this regulation applies other than an applicant who qualifies for the grant of a Research Award in respect of that year in accordance with the method approved by the Minister under sub-regulation (2).
Course Awards.
55. (1) Subject to sub-regulation (2), the Minister shall approve the method in accordance with which applicants may qualify for the grant of Course Awards in respect of a year.
(a) for a committee, appointed by the Minister for the purpose of this sub-regulation after considering nominations furnished to him by a committee representative of the universities, to classify all the applicants for Course Awards in order of merit;
(b) with respect to the matters to which regard may be had in so classifying the applicants; and
(c) by virtue of which—
(i) regard may be had, in so classifying the applicants, to any experience that applicants may have acquired in employment; and
(ii) an applicant whose name appears on the order of merit shall not qualify in accordance with the method for the grant of a Course Award unless each applicant whose name is on the order of merit and who is classified equal to, or higher than, the first-mentioned applicant, also qualifies in accordance with the method for the grant of a Course Award.
(3) The number of Course Awards granted in respect of a year shall not exceed the number equal to, or, having regard to the provisions of sub-paragraph (2) (c) (ii), as nearly as practicable equal to, the number determined by the Minister for the purposes of paragraph 52 (1) (c) as the number of Course Awards to be granted in respect of the year in accordance with this regulation.
(4) A Course Award shall not be granted in respect of a year to an applicant other than an applicant who qualifies for the grant of a Course Award in respect of that year in accordance with the method approved by the Minister under sub-regulation (1).
Advanced Education Institution Awards.
(1) Subject to sub-regulation (2), the Minister shall approve the method in accordance with which applicants may qualify for the grant of Advanced Education Institution Awards in respect of a year.
(a) for a committee, appointed by the Minister for the purpose of this sub-regulation after considering nominations furnished to him by a committee representative of advanced education institutions at which persons may undertake post-graduate courses, to classify all the applicants in order of merit;
(b) with respect to the matters to which regard may be had in so classifying the applicants; and
(c) by virtue of which—
(i) regard may be had, in so classifying the applicants, to any experience that applicants may have acquired in employment; and
(ii) an applicant whose name appears on the order of merit shall not qualify in accordance with the method for the grant of an Advanced Education Institution Award unless each applicant whose name is on the order of merit and who is classified equal to, or higher than, the first-mentioned applicant, also qualifies in accordance with the method for the grant of an Advanced Education Institution Award.
(3) The number of Advanced Education Institution Awards granted in respect of a year shall not exceed the number equal to, or, having regard to the provisions of sub-paragraph (2) (c) (ii), as nearly as practicable equal to, the number determined by the Minister for the purposes of paragraph 52 (1) (d) as the number of Advanced Education Institution Awards to be granted in respect of the year in accordance with this regulation.
(4) An Advanced Education Institution Award shall not be granted in respect of a year to an applicant other than an applicant who qualifies for the grant of an Advanced Education Institution Award in respect of that year in accordance with the method approved by the Minister under sub-regulation (1).
Approval required for overseas study.
57. (1) The holder of a Research Award or an Advanced Education Institution Award in respect of a post-graduate course of research who proposes to undertake, as part of his studies in his post-graduate course, full-time research out of Australia, may apply to an authorized person for approval to be absent from Australia for that purpose for a specified period not exceeding 12 months.
(2) Subject to sub-regulations (3), (4) and (6), an authorized person to whom an application is made under sub-regulation (1) by a holder shall approve of the absence of the holder from Australia for the period specified in the application.
(3) An authorized person shall not approve the proposed period of absence to which an application under sub-regulation (1) relates unless the holder—
(a) includes in his application a statement in writing under his hand that it is his intention that, if his application is granted, he shall have returned to Australia at the expiration of the proposed period of absence to which his application relates; and
(b) furnishes with his application a certificate under the hand of the registrar, secretary or equivalent officer of the university or advanced education institution at which the holder is undertaking his postgraduate course, certifying—
(i) that the research work that the holder proposes to undertake out of Australia is a necessary and integral part of the holder’s research program in his post-graduate course;
(ii) that arrangements have been made by, or to the satisfaction of, the university or advanced education institution for the supervision of that research work;
(iii) that the holder will, while engaged in that research work, continue to be enrolled as a full-time student at that university or advanced education institution in respect of his postgraduate course; and
(iv) that the research work will be credited towards the holder’s degree.
(4) An authorized person shall not approve a proposed period of absence to which an application under sub-regulation (1) relates where—
(a) in the case of a holder who proposes to undertake research work out of Australia at, or in association with persons on the staff of, an educational institution whose academic year commences after the thirty-first day of July in a year—the holder proposes to depart from Australia before the first day of August in the relevant year; or
(b) in any other case—the holder proposes to depart from Australia before the first day of December in the relevant year.
(5) Sub-regulation (4) does not apply to an application under sub-regulation (1) for approval of a period of absence of a holder who proposes to depart from Australia before the first day of December in the relevant year where—
(a) the research work that he proposes to undertake in a place out of Australia includes the making of observations, or the carrying out of experiments, in relation to—
(i) a season of the year in that place that commences before the first day of December in the relevant year; or
(ii) an event or occurrence that is expected to take place or occur in that place before the first day of December in the relevant year;
(b) the holder will have completed before that date such study in his post-graduate course as is not less than a year’s study for a full-time student undertaking that post-graduate course; or
(c) the application relates to a proposed period of absence not exceeding 30 days for the purpose of enabling the holder to attend an organized conference on a subject closely connected with the subject of the holder’s studies in his post-graduate course.
(6) An authorized person shall not approve a proposed period of absence to which an application under sub-regulation (1) relates where the period calculated by adding the proposed period of absence to any period of absence
in respect to which approval has previously been granted to the holder under sub-regulation (2) exceeds 12 months.
(7) Subject to the succeeding sub-regulations of this regulation, where a holder to whom approval has been granted under sub-regulation (2) in respect of a period of absence from Australia has not, at the expiration of that period, returned to Australia, his Award is, upon the expiration of that period, suspended until he has returned to Australia.
(8) Where a holder whose Award has been suspended under sub-regulation (7) has not, at the expiration of the period of 3 months from the expiration of the period in respect of which approval was granted under sub-regulation (2), returned to Australia, his Award terminates upon the expiration of that period of 3 months.
(9) Where a holder to whom approval has been granted under sub-regulation (2) in respect of a period of absence from Australia ceases, by reason of illness or other circumstances beyond his control, to undertake research work during the period in respect of which approval has been given under sub-regulation (2), his Award is suspended until—
(a) the holder resumes his research work; or
(b) the expiration of the period of 3 months from the day on which the Award is so suspended,
(10) For the purposes of sub-regulations (7) and (8), where an Award is suspended under sub-regulation (9), the period in respect of which approval of the absence of the holder of that Award has been granted under sub-regulation (2) shall, notwithstanding anything to the contrary in sub-regulations (1) and (2), be deemed to be the sum of that period and the period equal to the period of the suspension.
(11) Where the Award of a holder to whom approval has been granted under sub-regulation (2) in respect of a period of absence from Australia is suspended under sub-regulation 58 (2) immediately upon the expiration of the period of absence, sub-regulation (7) does not apply to the holder in relation to the period of absence.
Suspension of Award during research work out of Australia.
(1) The holder of a Research Award, or an Advanced Education Institution Award in respect of a post-graduate course of research, who proposes to undertake as part of his studies in his post-graduate course, research work out of Australia during a period in respect of which the holder may not be granted approval under sub-regulation 57 (2) may apply to an authorized person for the suspension of his Award during a specified period not exceeding 12 months.
(2) Subject to sub-regulation (3), an authorized person to whom an application is made under sub-regulation (1) by a holder shall suspend the Award of the holder for the period specified in the application.
(3) An authorized person shall not approve an application under sub-regulation (1) where the period calculated by adding the proposed period of suspension to any previous periods of suspension approved under sub-regulation (2) exceeds 12 months.
(4) Subject to the succeeding sub-regulations of this regulation, where a holder whose Award has been suspended under sub-regulation (2) has not, at the expiration of the period of the suspension, returned to Australia, his Award is, upon the expiration of that period, suspended until he has returned to Australia.
(5) Where a holder whose Award has been suspended under sub-regulation (4) has not, at the expiration of the period of 3 months from the expiration of the period of the suspension under sub-regulation (2), returned to Australia, his Award terminates upon the expiration of that period of 3 months.
(6) Where a holder whose Award has been suspended under sub-regulation (2) ceases, by reason of illness or other circumstances beyond his control, to undertake research work during the period of the suspension under sub-regulation (2), the period of the suspension shall, notwithstanding anything to the contrary in sub-regulations (1) and (2), be extended by, and for the purposes of sub-regulations (4) and (5) be deemed to include—
(a) the period equal to the period during which the holder is unable, by reason of that illness or those other circumstances, to undertake his research work; or
(b) the period of 3 months,
whichever period is the shorter.
Termination on account of unauthorized absence from Australia.
(1) Subject to sub-regulation (2), where a holder departs from Australia for the purpose of undertaking research work outside Australia as part of his studies in his post-graduate course, his Award terminates upon his departure from Australia.
(2) Sub-regulation (1) does not apply to a holder—
(a) in respect of whose proposed period of absence from Australia the approval of an authorized person has been granted under sub-regulation 57 (2); or
(b) whose Award is suspended under sub-regulation 58 (2).
Suspension arising out of illness, &c.
(1) A holder (not being a holder who is absent from Australia) who, by reason of illness or other circumstances beyond his control (including the unavailability of research facilities), is temporarily unable to continue his studies as a full-time student in his post-graduate course may apply to an authorized person for the suspension of his Award for a specified period not exceeding 2 years.
(2) An authorized person to whom an application is made under sub-regulation (1) by a holder shall suspend the holder’s Award for the period specified in the application.
(3) In sub-regulation (1), “year” means a period of 12 months.
Suspension during temporary discontinuation.
(1) A holder who, for any reason, desires to discontinue temporarily his studies as a full-time student in his post-graduate course may apply to an authorized person for the suspension of his Award for a specified period not exceeding 12 months.
(2) Subject to sub-regulation (3), an authorized person to whom an application is made under sub-regulation (1) by a holder shall suspend the holder’s Award for the period specified in the application.
(3) An authorized person shall not suspend an Award under sub-regulation (2) where the period calculated by adding the proposed period of suspension to any previous period of suspension under sub-regulation (2) exceeds 12 months.
Lapsing of suspension.
Where a holder whose Award has been suspended under regulation 60 or 61 recommences, prior to the expiration of the period of the suspension, his post-graduate course as a full-time student, the suspension thereupon lapses.
Termination of Awards suspended on account of illness, &c., or temporary discontinuation.
Where a holder whose Award has been suspended under regulation 60 or 61 fails to recommence, at the expiration of the period of the suspension, his post-graduate course as a full-time student, his Award thereupon terminates.
Termination for failure to commence course.
(1) If—
(a) the holder of a Research Award, or an Advanced Education Institution Award in respect of a post-graduate course of research, does not commence to undertake, as a full-time student, a post-graduate course of research at a university or advanced education institution—
(i) if the condition specified in sub-regulation (2) is fulfilled in relation to him—before the first day of July in the relevant year; or
(ii) in any other case—before the first day of April in the relevant year; or
(b) the holder of a Course Award, or an Advanced Education Institution Award in respect of a post-graduate course, other than a post-graduate course of research, does not commence to undertake, as a full-time student, a post-graduate course, other than a post-graduate course of research at a university or advanced education institution—
(i) if the condition specified in sub-regulation (2) is fulfilled in relation to him—before the first day of April in the relevant year; or
(ii) in any other case—at the commencement of the academic year of the university or advanced education institution in the relevant year,
the Award thereupon terminates.
(2) For the purposes of sub-paragraphs (1) (a) (i) and (1) (b) (i), the condition is that the holder of the Award was prevented from commencing to undertake his post-graduate course before the first day of April in the relevant year, or at the commencement of the academic year of the university or advanced education institution in the relevant year, as the case may be, because—
(a) the approval of the grant of the Award to him was made too late for him to commence to undertake his course before that date;
(b) he could not reasonably terminate his employment, obtain leave of absence from his employment or cease working in his profession or business before that date;
(c) the university or advanced education institution at which he was to undertake his post-graduate course was unable to provide the facilities or supervision required for his course; or
(d) of illness or other circumstances beyond his control.
Termination for non-commencement.
Where a holder notifies an authorized person that he does not propose to commence to undertake a post-graduate course of the kind in respect of which his Award has been granted, his Award thereupon terminates.
Termination for unsatisfactory progress.
(1) Subject to sub-regulation (2), where the registrar, secretary or equivalent officer of the university or advanced education institution at which a holder is undertaking a post-graduate course reports to an authorized person that the holder’s progress in the post-graduate course has been unsatisfactory, the authorized person shall terminate the holder’s Award.
(2) An authorized person shall not terminate an Award under sub-regulation (1) if—
(a) the Award is suspended under these Regulations; or
(b) the unsatisfactory progress of the holder is due principally to illness or other circumstances beyond the control of the holder.
Termination on account of discontinuation.
(1) Subject to sub-regulations (2) and (3), where the holder of an Award discontinues his post-graduate course at a university or advanced education institution, or ceases to undertake that course as a full-time student, his Award thereupon terminates.
(2) Sub-regulation (1) does not apply to absence on leave for recreation—
(a) in the case of the holder of a Research Award—
(i) if he is enrolled in a post-graduate course for the award of the degree of Master—for a continuous period of 28 days during the period that commences on the second day of December in the year in which he commences his postgraduate course and ends upon the expiration of the period of 3 months from the anniversary of the date on which he commences that course; or
(ii) if he is enrolled in a post-graduate course for the award of the degree of Doctor—for each of 2 periods of 28 days, occurring at least 12 months apart, during the period of 3 years (not including any period of suspension) after he commences his post-graduate course and for any period of, or for periods totalling, 7 days in each successive period (if any) of 3 months (not including any period of suspension) after the expiration of that period of 3 years; or
(b) in the case of the holder of any other Award—during the summer vacation applicable to students who are undertaking, at the university or advanced education institution at which the holder is undertaking his post-graduate course, the course that the holder is undertaking.
(3) Sub-regulation (1) does not apply to an absence of, or a temporary discontinuation of a post-graduate course by, a holder in respect of which the holder’s Award is suspended under these Regulations.
(4) In sub-paragraph (2) (a) (ii), “year” means a period of 12 months.
Expiry of Award.
(1) Subject to sub-regulation (2), an Award, unless sooner terminated under these Regulations, expires—
(a) in the case of an Award in respect of a post-graduate course leading to the degree of Doctor—
(i) if the condition specified in sub-regulation (4) is fulfilled in relation to the holder—upon the expiration of the period of 4 years (not including any period of suspension) after the holder commences the course; or
(ii) in any other case—upon the expiration of the period of 3 years (not including any period of suspension) after the holder commences the course; and
(b) in the case of an award to undertake a post-graduate course leading to the degree of Master—upon the expiration of the period of 2 years (not including any period of suspension) after the holder commences to undertake the course.
(2) Where the holder of an Award who is undertaking a post-graduate course leading to the degree of Doctor has previously held an Award, or a Commonwealth Post-graduate Award, to undertake a post-graduate course leading to the degree of Master, the first-mentioned award shall, unless sooner terminated under these Regulations, expire upon the expiration of the prescribed period (not including any period of suspension) after he commences to undertake that first-mentioned course.
(3) For the purposes of sub-regulation (2), the prescribed period, in relation to the holder of an Award, is the period ascertained by deducting from—
(a) if the condition specified in sub-regulation (4) is fulfilled in relation to him—the period of 4 years; or
(b) in any other case—the period of 3 years,
the period (not including any period of suspension) for which he held the Award, or the Commonwealth Post-graduate Award, leading to the degree of Master.
(4) The condition referred to in sub-paragraph (1) (a) (i) and in paragraph (3) (a) is that the registrar, secretary or equivalent officer of the university at which the holder of the Award is undertaking his post-graduate course has certified that the holder has progressed satisfactorily, and applied himself to the work of his course satisfactorily, throughout his course and that he cannot complete the research that he is undertaking unless he continues the research beyond the period of 3 years.
(5) In this regulation, “year” means a period of 12 months.
Division 2—Benefit under Post-graduate Awards
Payment in relation to the cost of a post-graduate course.
For the purposes of paragraph 15 (a) of the Act, there is payable in relation to the cost of the course undertaken by the holder of a Research Award the amount of $500.
Living allowance
(1) Where—
(a) a holder has a spouse, and a child or children, each of whom is dependent upon the holder; and
(b) the spouse of the holder—
(i) is not in receipt of any income from a business or profession in which the spouse is engaged, or from employment; and
(ii) is not in receipt of a living allowance by way of educational assistance,
this sub-regulation applies to the holder.
(2) For the purposes of sub-regulations (3) and (5), the maximum allowance in respect of a holder, or in respect of a holder and the dependants of the holder, is—
(a) if sub-regulation (1) applies to the holder—
(i) in the case of a holder who has a spouse, and one child, dependent on the holder—$3,726; or
(ii) in the case of a holder who has a spouse, and two or more children, dependent on the holder—the amount ascertained in accordance with the formula A + B where—
A is $3,726; and
B is an amount calculated on the basis of $260 for each of the holder’s dependent children other than the holder’s eldest dependent child;
(b) if sub-regulation (1) does not apply to the holder and the holder has a spouse who—
(i) is not in receipt of any income from a business or profession in which the spouse is engaged, or from employment;
(ii) is not in receipt of a living allowance by way of educational assistance; and
(iii) is, in the opinion of a medical practitioner, unable, by reason of illness or incapacity, to engage in employment—
$3,466;
(c) if sub-regulation (1) does not apply to the holder and the holder is unmarried and is the parent of a child who is, or children who are, dependent on the holder—the amount ascertained in accordance with the formula A + B where—
B is an amount calculated on the basis of $260 for each dependent child of the holder;
(d) if sub-regulation (1) does not apply to the holder and the holder is unmarried and is paying maintenance for the support of a child or children of the holder or for the support of the spouse, or a former spouse, of the holder and a child or children of the holder—
(i) in the case of a holder who is paying maintenance in respect only of a child or children of the holder—the amount ascertained in accordance with the formula A + B where—
B is an amount calculated on the basis of $260 for each child in respect of whom maintenance is being paid or the amount at the annual rate of which maintenance is payable in respect of the child or children, whichever amount is the less; or
(ii) in the case of a holder who is paying maintenance in respect of the spouse, or a former spouse, of the holder and a child or children of the holder—the amount ascertained in accordance with the formula A + B where—
B is the sum of $416 and an amount calculated on the basis of $260 for each child in respect of whom maintenance is being paid, or the amount at the annual rate of which maintenance is payable in respect of the spouse, or former spouse, and child or children, whichever is the less; and
(e) in any other case—$3,050.
(3) The rate at which living allowance is payable in respect of a holder to whom this sub-regulation applies, or to a holder to whom this sub-regulation applies and the dependants of the holder, is the amount per week calculated in accordance with the formula Image unavailable in extracted text where C is the maximum allowance in respect of the holder, or in respect of the holder and the dependants of the holder.
(4) Sub-regulation (3) applies to the holder of—
(a) a Research Award; or
(b) an Advanced Education Institution Award in respect of a postgraduate course of research.
(5) The rate at which living allowance is payable in respect of a holder to whom this sub-regulation applies, or to a holder to whom this sub-regulation applies and the dependants of the holder, is the amount per week (being a week in the period of 40 weeks in any year commencing on the student pay day last preceding the last student pay day in the month of February in that year) calculated in accordance with the formula Start fraction C over 40 end fraction where C is the maximum allowance in respect of the holder, or in respect of the holder and the dependants of the holder.
(6) Sub-regulation (5) applies to a holder of—
(a) a Course Award; or
(b) an Advanced Education Institution Award other than an Advanced Education Institution Award in respect of a post-graduate course of research.
(7) In this regulation, “educational assistance” means any benefit or assistance granted or awarded by Australia under a scholarship, bursary or like award and includes benefit under student assistance to which the Act applies.
Incidentals allowance.
71. For the purposes of paragraph 15 (c) of the Act, the rate at which an incidentals allowance is payable is—
(a) in relation to the holder of a Research Award or a Course Award—$100 per year; and
(b) in relation to the holder of an Advanced Education Institution Award—$70 per year.
Thesis allowance.
72. For the purposes of paragraph 15 (d) of the Act, there is payable in respect of a holder a thesis allowance equal to so much of the sum of the amounts paid by him for the typing, printing and presentation of his thesis as does not exceed—
(a) in the case of a holder who is undertaking a post-graduate course for the award of the degree of Doctor—$250; or
(b) in the case of a holder who is undertaking a post-graduate course for the award of the degree of Master—$150.
Establishment allowance.
73. For the purposes of paragraph 15 (d) of the Act, where—
(a) a holder is granted an Award in respect of a post-graduate course at a university or advanced education institution situated in a town or city in which the holder does not normally reside; or
(b) for a prescribed reason a holder transfers his post-graduate course from a university or advanced education institution situated in a town or city other than the town or city in which the university or advanced education institution to which his post-graduate course has been transferred is situated,
there is payable in respect of the holder an establishment allowance of—
(c) in the case of a holder who has a spouse—$150; or
(d) in any other case—$75.
Fares allowance.
(1) For the purposes of paragraph 15 (d) of the Act, where a holder—
(a) who normally resides in a town or city other than the town or city in which the university or advanced education institution in respect of which his Award has been granted is situated, makes a journey
from the first-mentioned town or city to the second-mentioned town or city in order to commence his post-graduate course; or
(b) whose post-graduate course has been transferred for a prescribed reason to a university or advanced education institution situated in a town or city other than the town or city in which the university or advanced education institution from which his post-graduate course has been transferred is situated, makes a journey from the second-mentioned town or city to the first-mentioned town or city for the purpose of taking up his studies in his post-graduate course at the first-mentioned university or advanced education institution,
a fares allowance calculated in accordance with this regulation is payable in respect of the fares paid or payable for the journey—
(c) for the holder; and
(d) where a dependent spouse, or a dependent spouse and any dependent child or children, of the holder undertake the same journey (whether or not at the same time as the holder) for the purpose of residing permanently with the holder while he undertakes his post-graduate course at that second-mentioned university or advanced education institution, for the dependent spouse, or the dependent spouse and each dependent child, as the case may be.
(2) The amount of allowance payable under sub-regulation (1) in respect of a journey is the amount equal to the appropriate fare for the journey of the holder, or the sum of the appropriate fares for the holder and his dependent spouse, or the holder and his dependent spouse and his dependent child or children, as the case may be, or the actual cost incurred in making the journey, whichever is the less.
(3) In this regulation, “the appropriate fare”, in relation to a journey, means—
(a) if economy class air travel is available for the whole of the journey— the fare for economy class air travel for the whole of the journey;
(b) if economy class air travel is available for part, or parts, only of the journey—an amount equal to the sum of—
(i) the fare or fares for economy class air travel for that part, or those parts, as the case may be, of the journey; and
(ii) the fare or fares payable for travel for the remainder of the journey by the most convenient other method of public transport; or
(c) in any other case—the fare, or sum of the fares, payable for travel by the most convenient form of public transport.
(4) A reference in sub-regulation (3) to the fare for a journey or part of a journey shall be read, where the holder, dependent spouse or dependent child, as the case may be, is entitled to make the journey or the part of the journey on payment of a fare calculated at a concessional rate, as a reference to the fare so calculated.
(5) An allowance is payable under this regulation whether the holder, dependent spouse or dependent child, as the case may be, travels by air or by some other means of transport.
Prescribed reasons for transfer.
For the purposes of regulations 73 and 74, each of the following reasons is a prescribed reason:—
(a) that the holder’s supervisor has transferred to the university or advanced education institution to which the holder’s course has been transferred; and
(b) that, having regard to the development of the holder’s study interests during his studies in his post-graduate course, the supervision or facilities available to the holder at the university or advanced education institution to which he has transferred are more relevant to his postgraduate course.
Part V—Student Assistance Review Tribunals
Summons to witness.
(1) Any member of a Tribunal may, for the purposes of proceedings before the Tribunal under Part V of the Act, by writing under his hand, summon a person (not being a party to those proceedings) to appear at those proceedings to give evidence and to produce such documents and articles (if any) as are referred to in the summons.
(2) A summons to a witness under sub-regulation (1) shall be in accordance with the form in Schedule 4.
(3) A summons under sub-regulation (1) may be served on a person by—
(a) delivering a copy of the summons to the person personally; and
(b) showing the summons to the person at the time at which the copy is delivered to him.
Allowances to witness.
77. A witness summoned under regulation 76 to appear at the proceedings referred to in that regulation shall be paid such allowances for his travelling and other expenses as the Chairman allows in accordance with the scale in Schedule 5.
Tribunal may take evidence.
78. (1) A Tribunal may—
(a) take evidence on oath or affirmation; and
(b) adjourn proceedings from time to time.
(2) An oath or affirmation may be administered by the Chairman or a member of a Tribunal.
Notice of proceedings of Tribunal.
79. The Chairman of a Tribunal shall cause 7 days notice to be given to the parties to the proceedings before the Tribunal of the date on which those proceedings before the Tribunal will commence.
Disobedience to summons, &c.
80. (1) A person who has been summoned to appear as a witness before a Tribunal shall not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who has been summoned to produce a document or article to a Tribunal shall not, without lawful excuse, fail to produce the document or article in obedience to the summons.
(3) A person who appears (whether summoned to appear or not) as a witness before a Tribunal shall not, without lawful excuse—
(a) refuse to make an oath or affirmation;
(b) refuse or fail to answer a question that he is required by the Tribunal to answer; or
(c) refuse or fail to produce a document or article that he is required by the Tribunal to produce.
Remuneration of Chairman.
81. There is payable to the Chairman of a Tribunal a fee—
(a) in respect of a day on which he performs the duties of his office for a period of, or for periods totalling, less than 3 hours—of $25; and
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(b) in respect of a day on which he performs the duties of his office for a period of, or for periods totalling, not less than 3 hours—of $40.
Remuneration of a member.
82. There is payable to a member of a Tribunal (other than the Chairman) a fee—
(a) in respect of a day on which he performs the duties of his office for a period of, or for periods totalling, less than 3 hours—of $20; and
(b) in respect of a day on which he performs the duties of his office for a period of, or for periods totalling, not less than 3 hours—of $35.
Travelling allowance of members.
83. (1) Where a member (including the Chairman) of a Tribunal is, in the course of performing the duties of his office, necessarily absent overnight from the city or town in which he ordinarily resides, travelling allowance is payable to him in respect of the period of his absence.
(2) Travelling allowance is payable under sub-regulation (1) at the rate of $28 per day.
(3) Travelling allowance payable under this regulation is in addition to, and does not include, the cost of conveyance.
Part VI—Miscellaneous
Notice to be given of certain matters in relation to the holder of a Scholarship.
84. (1) The person to whom benefit under a Scholarship is being paid, or is payable, (whether by way of advance on account or otherwise) in respect of the holder of the Scholarship shall, within 7 days after the holder—
(a) has, for any reason, been absent for 10 consecutive school days from the secondary school at which the holder is undertaking an approved course;
(b) discontinues his full-time studies in an approved course;
(c) transfers from a secondary school to another school;
(d) becomes entitled to any educational assistance of a kind referred to in paragraph 24 (1) (a);
(e) becomes entitled to any educational assistance of a kind referred to in paragraph 24 (1) (b) and enters into a training agreement of the kind referred to in that paragraph; or
(f) changes his address,
(2) In sub-regulation (1), “approved course”, “holder” and “Scholarship” have the same meanings respectively as in Part II and “school day”, in relation to a secondary school, means a school day applicable to that secondary school.
Notice to be given of certain matters in relation to a grantee of Assistance.
(1) The person to whom benefit under Assistance is being paid, or is payable, (whether by way of advance on account or otherwise) in respect of the grantee of the Assistance shall, within 7 days after—
(a) the grantee discontinues any part of the studies in an approved course that he is undertaking;
(b) the grantee enters into a training agreement;
(c) the grantee changes his place of residence;
(d) the grantee commences to serve a term of imprisonment;
(e) the grantee marries;
(f) the grantee (being a grantee in respect of whom and whose dependants living allowance is being paid or is payable at a rate that includes the rate specified in sub-regulation 41 (5) ) becomes divorced;
(g) the spouse of the grantee (being a grantee in respect of whom and whose dependants living allowance is being paid or is payable at a rate that includes the rate specified in sub-regulation 41 (5) ) dies;
(h) the spouse of the grantee (being a grantee in respect of whom and whose dependants living allowance is being paid or is payable at a rate that includes the rate specified in sub-regulation 41 (5) ) ceases to reside permanently with the grantee;
(i) the income in the relevant year of the grantee (being a grantee to whom regulation 41 applies and in respect of whom, or in respect of whom and whose dependants, living allowance is being paid or is payable) from educational assistance within the meaning of sub-regulation 41 (3), exceeds $600;
(j) the income in the relevant year of the grantee (being a grantee to whom regulation 41 applies and in respect of whom, or in respect of whom and whose dependants, living allowance is being paid or is payable), including income from educational assistance within the meaning of sub-regulation 41 (3), exceeds $1,500;
(k) the income in the relevant year of the grantee (being a grantee to whom regulation 42 applies and in respect of whom, or in respect of whom and whose dependants, living allowance is being paid or is payable) from educational assistance within the meaning of sub-regulation 42 (3), exceeds $600;
(l) the income in the relevant year of the grantee (being a grantee to whom regulation 42 applies and in respect of whom, or in respect of whom and whose dependants, living allowance is being paid or is payable, including income from educational assistance within the meaning of sub-regulation 42 (3), exceeds $1,500;
(m) the spouse of the grantee (being a grantee in respect of whom and whose dependants living allowance is being paid or is payable at a rate that includes the rate specified in sub-regulation 41 (5) ) becomes a grantee in respect of whom living allowance is payable;
(n) the spouse of the grantee (being a grantee in respect of whom and whose dependants living allowance is being paid or is payable at a rate that includes the rate specified in sub-regulation 41 (5) ) receives any income;
(o) the number of dependent children of the grantee (being a grantee in respect of whom and whose dependants living allowance is being paid or is payable) is reduced;
(p) a brother or sister (being a brother or sister who is undertaking an approved course as a full-time student) of the grantee (being a grantee to whom regulation 42 applies and in respect of whom, or in respect of whom and whose dependants, living allowance is being paid or is payable)—
(i) ceases to undertake an approved course as a full-time student;
(ii) becomes a party to a training agreement;
(iii) receives in the aggregate in the relevant year an amount in excess of $600 by way of educational assistance within the meaning of sub-regulation 42 (11); or
(iv) becomes a grantee who shall be deemed to be of independent status within the meaning of sub-regulation 42 (11);
(q) a brother or sister referred to in sub-regulation 42 (6) in relation to the grantee (being a grantee to whom sub-regulation 42 (3) applies and in respect of whom, or in respect of whom and whose dependants, living allowance is being paid or is payable) receives income, including educational assistance within the meaning of sub-regulation 42 (12);
(r) the number of brothers or sisters referred to in paragraph 42 (12) (b) in relation to the grantee (being a grantee to whom sub-regulation 42 (12) applies and in respect of whom, or in respect of whom and whose dependants, living allowance is being paid or is payable) increases; or
(s) the rate at which living allowance is being paid or is payable in respect of the grantee (being a grantee to whom sub-regulation 42 (12) applies), or in respect of the grantee and his dependants, is reduced by virtue of an increase in the income, including educational assistance within the meaning of sub-regulation 42 (12), of a brother or sister referred to in paragraph 42 (12) (b) in relation to the grantee,
(2) In this regulation—
(a) “approved course”, “Assistance”, “grantee” and “relevant year” have the same meanings respectively as in Part III; and
(b) a reference to living allowance shall be read as a reference to living allowance under paragraph 11 (b) of the Act.
Notice to be given of certain matters in relation to the holder of an Award.
(1) The person to whom benefit under an Award is being paid, or is payable, (whether by way of advance on account or otherwise) in respect of the holder of the Award shall, within 7 days after—
(a) the holder (not being a holder who is absent from Australia with the approval of an authorized person granted under sub-regulation 57 (2) or whose Award has been suspended under regulation 58) departs from Australia, otherwise than for the purpose of recreation during a period of absence on leave for recreation referred to in sub-regulation 67 (2) in relation to the holder;
(b) the holder discontinues his full-time studies in a post-graduate course;
(c) the holder is absent for any reason for a period of 14 days (not including any period of absence on leave for recreation referred to in sub-regulation 67 (2) in relation to the holder) from the place at which he is undertaking his full-time studies in a post-graduate course;
(d) the holder is granted or awarded any scholarship, bursary or like award in respect of a course of post-graduate studies;
(e) the holder (being a holder in respect of whom and whose dependants living allowance is being paid or is payable) becomes divorced;
(f) the spouse of the holder (being a holder in respect of whom and whose dependants living allowance is being paid or is payable) dies;
(g) the spouse of the holder (being a holder in respect of whom and whose dependants living allowance is being paid or is payable) ceases to reside permanently with the holder;
(h) the spouse of the holder (being a holder in respect of whom and whose dependants living allowance is being paid or is payable) becomes entitled to living allowance by way of educational assistance within the meaning of regulation 70;
(i) the spouse of the holder (being a holder in respect of whom and whose dependants living allowance is being paid or is payable) receives any income from a business or profession in which the spouse is engaged or from employment;
(j) the spouse of the holder (being a holder in respect of whom and whose dependants living allowance is being paid or is payable at a rate calculated on the basis of a maximum allowance ascertained in accordance with paragraph 70 (2) (b) ) becomes able to engage in employment;
(k) the number of dependent children of the holder is reduced; or
(i) the annual rate at which maintenance is payable by the holder (being a holder in respect of whom living allowance is being paid or is payable at a rate calculated on the basis of a maximum allowance ascertained in accordance with paragraph 70 (2) (d) ) for the support of a child or children of the holder or for the support of the spouse, or former spouse, of the holder and a child or children of the holder, is reduced,
(2) In this regulation—
(a) “Award”, “holder” and “post-graduate course” have the same meanings respectively as in Part IV; and
(b) a reference to living allowance shall be read as a reference to living allowance under paragraph 15 (b) of the Act.
Information to be furnished by applicant.
(1) An authorized person may, by instrument under his hand, delivered to a person who has furnished an application for the grant of assistance to which the Act applies, require the person to furnish to the authorized person any specified information concerning a matter that arises out of, or is relevant to, determining the eligibility of the person for the grant of that assistance.
(2) Where an authorized person has caused an instrument to be delivered to a person under sub-regulation (1), consideration of the application to which it relates shall be deferred until all the information so required to be furnished has been furnished.
Information to be furnished by parent.
(1) Where, for the purpose of determining the amount (if any) of benefit that is payable under the Act in respect of a holder or grantee, or in respect of a grantee and his dependants, an authorized person requires particulars of the income during a period of a person who is a parent of the holder or grantee or was, during the period, a parent of the holder or grantee, the authorized person may, by instrument under his hand delivered to that person, require the person to furnish to the authorized person those particulars in relation to that income.
(2) Where an authorized person has caused an instrument to be delivered so a person under sub-regulation (1), payment of benefit in relation to which the particulars are required shall be deferred until all the information so required to be furnished has been furnished.
(3) In this regulation, “holder” and “grantee” have the same meanings respectively as in Parts II and III.
Suspension of scholarships granted to holders of existing scholarships.
Notwithstanding anything to the contrary in Part II, where a Senior Secondary Scholarship is, by virtue of sub-section 9 (2) of the Act, granted to a person who was the holder of a Commonwealth Secondary Scholarship or a
Commonwealth Senior Secondary Scholarship (in this regulation referred to as an “existing scholarship”) that had, before the termination of the existing scholarship by force of sub-section 9 (1) of the Act, been suspended, the Senior Secondary Scholarship is suspended, upon and subject to the same terms and conditions on which the existing scholarship was suspended, for a period equal to so much of the period of the suspension of the existing scholarship as remained unexpired immediately before the termination of the existing scholarship.
Suspension of Awards granted to holders of existing awards.
Notwithstanding anything to the contrary in Part IV, where a Postgraduate Award, is, by virtue of sub-section 16 (2) of the Act, granted to a person who was the holder of a Commonwealth Post-graduate Award (in this regulation referred to as an “existing award”) that had, before the termination of the existing award by force of sub-section 16 (1) of the Act, been suspended, the Post-Graduate Award is suspended, upon and subject to the same terms and conditions on which the existing award was suspended, for a period equal to so much of the period of the suspension of the existing award as remained unexpired immediately before the termination of the existing award.
Furnishing of false information.
A person shall not furnish to an authorized person—
(a) in, or in connexion with, an application under these Regulations; or
(b) in connexion with the payment of benefit under student assistance to which the Act applies,
information that is false or misleading in a material particular.
SCHEDULE 1 Regulation 4
EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS ADVANCED EDUCATION INSTITUTIONS FOR THE PURPOSES OF THE ACT
Australian Capital Territory—
Canberra College of Advanced Education
Canberra School of Music
“Signadou” Dominican Teachers’ College
Avondale College
Catholic College of Education
Catholic Teachers’ College
Good Samaritan Teachers’ College
Mount Saint Mary College
National Institute of Dramatic Art
N.S.W. Training School for Medical Record Librarians
The Australian Chiropody Association College
The College of Law
The Guild Teachers’ College
Aquinas College
Auxilium College
Christ College
Christian Brothers’ Teachers’ College
Leo Cussen Institute for Continuing Legal Education
Marcus Oldham Farm Management College
Mercer House
Mercy Teachers’ College
Orthoptic School of Victoria
Y.M.C.A. College for Leadership Training
Catherine McAuley Teachers’ College
College of Nursing, Australia
Xavier Teachers’ College
College of Nursing. Australia
SCHEDULE 2 Regulation 6
EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS SECONDARY SCHOOLS FOR THE PURPOSES OF THE ACT
Australian International Independent School
Benilde High School, Bankstown
Chiron College
Granville Technical College
Holy Spirit College, Grafton
Hornsby Technical College
McCarthy Senior School, Tamworth
Meadowbank Technical College
Nazareth Senior College, Bankstown
Randwick Technical College
Sydney Technical College
Trinity High School, Wagga Wagga
Ballarat Institute of Advanced Education
Bendigo Institute of Technology
Caulfield Institute of Technology
Footscray Institute of Technology
Footscray Technical College
Frankston Technical College
Gippsland Institute of Advanced Education
Gordon Institute of Technology
Maryborough Technical College
Prahran College of Advanced Education
Preston Institute of Technology
Preston Technical College
Royal Melbourne Institute of Technology
Shepparton Technical College
Swinburne College of Technology
Swinburne Technical College
Wangaratta Technical College
Warrnambool Institute of Advanced Education
William Angliss College of Catering and Food Studies
Wodonga Technical College
Yallourn Technical College
Hubbard Academy
South Australia—
Muirden College
Saltash College
Fremantle Technical College
Leederville Technical College
SCHEDULE 3 Regulation 7
EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS TECHNICAL COLLEGES FOR THE PURPOSES OF THE ACT
Bedford College
C. B. Alexander Agricultural College
St. Joseph’s Business College, Leichhardt
St. Mary’s Commercial College, Paddington
St. Patrick’s Business College, Sydney
Yanco Agricultural College and Research Centre
Gilbert Chandler Institute of Dairy Technology
Glenormiston Agricultural College
Institute of Social Welfare
Melba Memorial Conservatorium of Music
The Australian Ballet School
Emerald Rural Training School
Longreach Pastoral College
Schedule 3—continued
South Australia—
Hale’s Secretarial College
Muirden College
Edwards Secretarial College
Graduate College of Dance
Hartill’s Commercial College
Key Personnel Business Training Centre
Metropolitan Business College
Ngal-a Mothercraft Home and Training Centre
Stott’s Business College
Underwood Business College
SCHEDULE 4 Regulation 76
Student Assistance Act 1973
STUDENT ASSISTANCE REVIEW TRIBUNAL
Summons to Witness
(Name of Proceedings)
TO (full name and address of witness)
You are hereby summoned to attend before the Student Assistance Review Tribunal, at (place) , at on the day of 19 and thereafter from day to day until the hearing of the abovementioned proceedings is completed or until you are excused from further attendance
* to give evidence on behalf of (name of party)
* You are required to bring with you and produce the following documents and articles:—
(List items required)
Dated this day of 19 .
........................
Member
* Delete where inapplicable.
SCHEDULE 5 Regulation 77
WITNESSES’ ALLOWANCES FOR TRAVELLING AND OTHER EXPENSES
1. A witness summoned, because of his professional, scientific or other special skill or knowledge, under the Regulations to appear at proceedings before the Review Tribunal shall be paid an allowance of not less than $10.50 or more than $52.50 for each day on which he so appears.
2. A witness, other than a witness referred to in Item 1 of this Schedule, summoned under the Regulations to appear at an inquiry before the Tribunal shall be paid—
(a) if he is remunerated by wages, salary or fees—
(i) an allowance equal to the amount of wages, salary or fees lost by him by reason of his so appearing; or
(ii) an allowance of $16 for each day on which he so appears,
whichever is the less; or
(b) if he is not so remunerated—an allowance of $16 for each day on which he so appears.
3. A witness appearing before the Tribunal to give expert evidence shall be paid, in addition to any other allowance payable to him under Item 1 or 2 of this Schedule, a reasonable amount for qualifying to give that evidence.
4. A witness summoned under the Regulations to appear at proceedings before the Tribunal to give evidence shall be paid a reasonable amount—
(a) in respect of his conveyance to and from the place at which he so attends; and
(b) if he is required to be absent overnight from his usual place of residence—for meals and accommodation.