Student Assistance Act 1973

Part 7 - Miscellaneous  

SECTION 56   REGULATIONS  

56(1)    
The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:

(a) making provision in relation to the furnishing of information by applicants for benefits under a current special educational assistance scheme and by persons to whom such benefits have been granted; and

(aa) making provision in relation to the furnishing of information by applicants under the Student Financial Supplement Scheme or by persons who are parties to financial supplement contracts; and

(ab) making provision in relation to the furnishing of information relating to persons whose income or assets are required to be taken into account for the purpose of calculating a benefit under a current special educational assistance scheme; and

(ac) making provision in relation to the furnishing of information relating to persons whose income or assets are required to be taken into account for the purpose of determining the eligibility of a person to obtain financial supplement; and

(b) making provision for and in relation to the giving of notices and other documents under this Act; and

(d) prescribing penalties, of imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both, for offences against the regulations.

(f) (Repealed by No 148 of 2010)

payments are to be made to a person by the Commonwealth in respect of a debiting of the Account.

56(2)    
Regulations may also be made under this section to prescribe matters in relation to any transitional matters (including prescribing any saving or application provisions) arising out of:

(a) the abolition of:

(i) the youth training allowance; and

(ii) the AUSTUDY scheme; and

(iii) that part of the Student Financial Supplement Scheme that is connected with the AUSTUDY scheme; and

(b) their replacement by allowances, benefits or payments under the Social Security Act 1991 .

56(3)    
Without limiting subsection (2), and in spite of any other provisions in this Act or any other Act, regulations under subsection (2) may modify the effect of a provision in Part 2 of Schedule 11 to the Social Security Legislation (Youth Allowance Consequential and Related Measures) Act 1998 so as to:

(a) enable a payment of a benefit under the AUSTUDY scheme (as previously in force under this Act) to be made to a person in respect of a period ending at the end of 3 July 1998 in specified circumstances; and

(b) enable such a payment, to the extent that it relates to the period beginning on 1 July 1998 and ending at the end of 3 July 1998, to be disregarded in determining the person ' s entitlement to any youth allowance or austudy payment under the Social Security Act 1991 ; and

(c) enable the receipt by the person of any youth allowance or austudy payment under the Social Security Act 1991 , to the extent that it relates to the period referred to in paragraph (b), to be disregarded in determining the person ' s entitlement to the payment referred to in paragraph (a).