Commonwealth Numbered Regulations - Explanatory Statements

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AUSTUDY REGULATIONS (AMENDMENT) 1994 NO. 91

STATUTORY RULES 1994 No. 91

Issued by the Authority of the Minister for Schools, Vocational Education and Training

Subject - Student Assistance Act 1973

AUSTUDY Regulations (Amendment)

The Student Assistance Act 1973 (the Act) provides the legislative authority for the AUSTUDY Scheme and for a debt management regime for the AUSTUDY, ABSTUDY and Assistance for Isolated Children Schemes. These schemes pay financial assistance directly to students or their parents.

Section 56 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

The regulations:

•       clarify how regulation 41 assesses the duration of a student's study when the student has completed a course at the same level as the one for which assistance is sought, and

•       make minor corrections to the numbering of several notes to the existing AUSTUDY Regulations.

These regulations commence on gazettal.

A detailed explanation of the Regulations is set out in the Attachment.

ATTACHMENT

Details of the AUSTUDY Regulations (Amendment)

Regulation 1. Amendment

Subregulation 1.1 provides that the AUSTUDY Regulations are amended as set out in these Regulations.

Regulation 2.       Regulation 41 (Previous study: time spent on a course).

Background

Part of the assessment of a student's eligibility to receive AUSTUDY is based on the duration of time the student has already spent at the level of the course for which assistance is sought. If a student has previously completed a course, the length of time spent in that course is taken to be the minimum time in which it is possible to complete the course.

Subregulation 2.1 amends subregulation 41 (1) so that the same method for determining whether a student is eligible for assistance for a course of study, based on the duration of study at that level, will apply to both students who have already completed a course at that level and those who have not.

Subregulation 2.2 provides that for a student who has completed a course at a given level, the duration of study in that course will be taken to be no more than the minimum time in which the course can be completed.

Subregulation 2.3 omits subregulation 41 (2A) from the AUSTUDY Regulations. This is a consequential amendment following from subregulation 2.2 above.

Regulation 3. Schedule 6 (Fringe benefits)

Subregulations 3.1 - 3.3 correct citations to the notes to subclauses 6(1) and 16(1), and clause 17, of Schedule 6.