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Thursday, 22 November 1973
Page: 2076


Senator Douglas McClelland (NEW SOUTH WALES) (Minister for the Media) - The first matter in the latest contribution by Senator Wright concerns the definition of permanent resident of Australia'. I thought that I had given the honourable senator the answer to his point earlier. The honourable senator refer- red to clause 7 of the Bill which states:

An authorised person may, subject to and in accordance with the regulations, approve the grant of a Senior Secondary Scholarship to 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, a course of secondary education at a level approved by the Minister for the purposes of this section.

I am advised that proposed regulation 7(3) of the draft regulations under the 1 969 Scholarship Act, upon which the Department is working, provides certain criteria for secondary scholarships. The conditions are:

(a)   that the parents of the prescribed person are Australian citizens;

(b)   that the prescribed person is an Australian citizen;

(c)   that the parents of the prescribed person are the holders of permanent entry permits, are residing in Australia and intend to reside in Australia indefinitely;

(   d ) that the parents of the prescribed person-

(i)   are the holders of permanent entry permits;

(ii)   are residing temporarily outside Australia by reason of the fact that the father of the prescribed person is employed overseas by an International Organisation, the Government of the Commonwealth or a State, an authority established by a law of the Commonwealth or a State, a company incorporated in Australia or a person or firm having his or its principal place of business in Australia;

I have another foolscap page of conditions which, if the honourable senator would like to have them, I will readily make available to him. As I said earlier, they are the basis of the regulations upon which the Department is working now.


Senator Rae - Would you like to incorporate this material in Hansard, because it may be helpful to us?


Senator Douglas McClelland (NEW SOUTH WALES) - I would be quite happy to do so. I seek leave to incorporate in Hansard proposed regulation 7(3) of the draft scholarships regulations. I understand that parallel provisions will be made concerning other schemes.


The TEMPORARY CHAIRMAN (Senator Poke - Is leave granted? There being no objection, leave is granted. (The document read as follows)-

(3)   The conditions referred to in paragraph (b) of subregulation (1 ) are-

(a)   that the parents of the prescribed person are Australian citizens;

(b)   that the prescribed person is an Australian citizen;

(c)   that the parents of the prescribed person are the holders of permanent entry permits, are residing in Australia and intend to reside in Australia indefinitely;

(d)   that the parents of the prescribed person-

(   i) are the holders of permanent entry permits;

(ii)   are residing temporarily outside Australia by reason of the fact that the father of the prescribed person is employed overseas by an International Organisation, the Government of the Commonwealth or a State, an authority established by a law of the Commonwealth or a State, a company incorporated in Australia or a person or firm having his or its principal place of business in Australia; and

(iii)   intend, upon returning to Australia, to reside in Australia indefinitely;

(e)   that the parents of the prescribed person-

(   i ) are the holders of permanent entry permits;

(ii)   are residing in Australia but do not intend to reside in Australia indefinitely; and

(iii)   have resided in Australia continuously during the period of two years ended on the day on which application is made to the Minister for the granting of a Commonwealth Secondary Scholarship to the prescribed person; (0 that the prescribed person is the holder of a permanent entry permit and came to Australia without his parents for the purpose of residing in Australia indefinitely; and

(g)   that the parents of the prescribed person-

(i)   are the holders of temporary entry permits;

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

(iii)   are, in the opinion of the Minister, likely, upon making the request, to be granted permanent entry permits.

(4)   A prescribed person of a kind specified in any of the following paragraphs does not fulfil a condition specified in subregulation (3):-

(a)   a prescribed person whose parents are residing temporarily in Australia as members of the staff of a diplomatic or consular mission of a country other than Australia;

(b)   a prescribed person, not being a prescribed person who is an Australian citizen, who is the holder of a temporary entry permit and has been granted that permit only for the purpose of enabling him to attend a school in Australia; and

(c)   a prescribed person, not being a prescribed person who is an Australian citizen, whose parents are the holders of temporary entry permits and-

(i)   do not intend to reside in Australia indefinitely; or

(ii)   are residing in Australia only in order to engage in the employment in which they are engaged or one of them is engaged.

(5)   Paragraph (c) of sub-regulation ( 1 ) does not prevent the grant of a Commonwealth Secondary Scholarship to a prescribed person who has changed his ordinary place of residence from one State to another State after application was made for the grant of the scholarship if he would have complied with the provisions of that paragraph but for having so changed his ordinary place of residence.

(   6 ) Paragraph (f) of sub-regulation ( 1 ) does not prevent the grant of a Commonwealth Secondary Scholarship to a prescribed person if it was impracticable, as a result of his having changed his ordinary place of residence from one State to another 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 Secondary Scholarship to him.

Senator DOUGLASMcCLELLANDSenator Wright also raised a matter which concerned clause 9 of the Bill. He referred to the question of the termination of commonwealth secondary scholarships. I am advised by Parliamentary Counsel that the arrangement which is set out in clause 9 of the Bill is a formal arrangement in order to bring persons presently receiving benefits and eligible to continue with those benefits in 1974 within the terms of the present Act. It is for that reason that the legislation has been drafted in these terms.







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