AUSTUDY Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, make the following
Regulations under the
Dated 12 December 1995.
BILL HAYDEN
Governor-General
By His Excellency's Command,
ROSS FREE
Minister for Schools, Vocational Education and Training
1.1 The AUSTUDY Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on
gazettal: see
2.1 The amendments of the AUSTUDY Regulations made by regulations 7, 9, 17, 21 and 22 and subregulations 14.1 and 19.2 of these Regulations apply only in relation to applications for AUSTUDY for a period starting on or after 1 January 1996.
3.1 Paragraph 4 (l)(c):
Omit "a permanent resident within the meaning of
subsection 58 (2) of the
[NOTES: 1. The Note to regulation 12B is taken to be omitted.
2. The Note to regulation 12C is
taken to be amended by inserting after
4.1 Subregulation 18A (1):
Omit "area", substitute "area until the end of the year in which the drought recovery period ends.".
4.2 Subregulation 18A (2)
Insert the following definition:
5.1 Subregulation 19(1) (definition of "family member"):
Omit the definition.
6.1 Subregulation 22 (2):
Omit "student, or the student's spouse,", substitute "student".
6.2 Subregulation 22 (2):
Omit all the words after paragraph (b).
7.1 Paragraph 61 (1)(ab):
Omit the paragraph.
7.2 After paragraph 61 (1) (b), insert:
"(ba) subject to subregulation (4)—$5,665, for a student who:
(i) qualifies for the independent living allowance only under regulation 68 (which relates to age); and
(ii) has not reached his or her 25th birthday; and
(iii) normally lives with his or her parents; or".
7.3 Paragraph 61 (1)(c):
Omit the paragraph, substitute:
"(c) for any other student—in respect of a student in a category set out in column 1 of the following table, the amount set out in whichever of column 2, 3 or 4 of that category applies to the student:
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7.4 Add at the end:
"(3)" In paragraph (l) (ba):'
normally lives' has the same meaning as ithas in subregulation 85 (4);
'parent' means:(a) any natural or adoptive parent of the student; or
(b) a spouse of the student's parent; or
(c) another adult on whom the student is wholly or substantially dependent (except the student's spouse).
"(4) Paragraph (1) (ba) does not apply to a student:(a) who would otherwise qualify for a special rate of living allowance under regulation 63; or
(b) if the student qualifies before 1 January 1996 for the independent living allowance under regulation 68 in relation to a course—in respect of that course.".
8.1 Subparagraph 63 (1) (ab) (ii):
Omit all the words after "getting", substitute "an allowance, benefit or payment of a kind referred to in paragraph (a); and".
[NOTE: The Notes to regulation 63 are taken to be amended by omitting Note 2.]
9.1 Omit the regulation.
10.1 Paragraph 74 (a):
After "her", insert "natural or adoptive".
10.2 Paragraph 74 (b):
After "from a", insert "natural or adoptive".
10.3 Paragraph 74 (c):
After "than a", insert "natural or adoptive".
[NOTE: The Note to regulation 74 is taken to be amended by omitting Note 1.]
11.1 Subregulation 75 (1):
Omit the subregulation, substitute:
"75. (1) The student qualifies as independent by reason of being a refugee if he or she holds, or has held, a visa or entry permit under theMigration Act 1958, for the grant of which a criterion or requirement was that the person demonstrate that he or she:(a) is a refugee; or
(b) has other humanitarian needs.".
[NOTE: Note 1 to regulation 83 is
taken to be amended by inserting after
12.1 Add at the end:
"(3) 'Spouse', in relation to a student's parent, means a person:(a) who is married to the parent and not separated from him or her; or
(b) who lives with the parent in a de facto relationship.
"(4) A student is taken to normally live with a person if the student maintains a permanent home with the person, despite occasionally living away from that home temporarily (for example, while studying or during holidays).".
[NOTE: The Note to regulation 85 is taken to be omitted.]
13.1 After subregulation 86 (7), insert:
"(7A) Subregulation (7) does not apply if:(a) parental income for the year of study, as determined from the student's AUSTUDY application for the year, is less than or equal to the amount specified in subregulation 88 (1); and
(b) that income increases in the year by at least 25% (that is, the prescribed event referred to in paragraph 109 (1) (d) occurs); and
(c) the increased amount does not exceed an amount calculated as follows:
where
Y is the amount specified in subregulation 88 (1)."[Example: A student's entitlement to AUSTUDY for 1995 is assessed on the basis of parental income of $15 000 in the 1993/94 financial year. In the 1994/95 financial year, parental income increases to $24 000 (an increase of 60%). However, subregulation 86 (7) will not apply because, despite the 60% increase, parental income is still less than $28 312 (the amount referred to in subregulation 88 (1) plus 25% of that amount).]".
14.1 Paragraph 91 (1) (d):
Omit the paragraph, substitute:
"(d) AUSTUDY or ABSTUDY if, at the same time:
(i) the spouse of the parent gets parenting allowance under Chapter 2 of the
Social Security Act 1991; or(ii) the spouse of the parent gets AUSTUDY or ABSTUDY; or
(iii) the parent is a single parent.".
14.2 After subregulation 91 (1), insert:
"(1AA) For the purposes of paragraph 91 (1) (ac), if, in a year of study, a parent's entitlement to get a payment under the Drought Relief Payments Scheme ends, the parent is taken to be receiving a payment under the Scheme until the end of that year.".
[NOTE: The following note is taken to be added at the end of regulation 91:
"1 'Spouse', in relation to a student's parent, is defined in subregulation 85 (3): see regulation 113."]
15.1 After subregulation 94 (1 A), insert:
"(1AB) Subregulation (1A) does not apply if:(a) the spouse's income for the year of study, as determined from the student's AUSTUDY application for the year, is less than or equal to the amount specified in subregulation 95 (1); and
(b) that income increases in the year by at least 25% (that is, the prescribed event referred to in paragraph 109 (1) (d) occurs); and
(c) the increased amount does not exceed an amount calculated as follows:
where
Y is the amount specified in subregulation 95 (1)."[Example: A student's entitlement to AUSTUDY for 1995 is assessed on the basis of his or her spouse's income of $8 000 in the 1993/94 financial year. In the 1994/95 financial year, the spouse's income increases to $14 000 (an increase of 75%). However, subregulation 94 (1A) will not apply because, despite the 75% increase, the spouse's income is still less than $17 812 (the amount referred to in subregulation 95 (1) plus 25% of that amount).]".
16.1 After subregulation 97 (1), insert:
"(1AA) For the purposes of paragraph 97 (1) (bb), if, in a year of study, a spouse's entitlement to get a payment under the Drought Relief Payments Scheme ends, the spouse is taken to be receiving a payment under the Scheme until the end of that year.".
17.1 Paragraph 101 (4) (a):
Omit "56.9", substitute "58.8".
17.2 Paragraph 101 (4) (b):
Omit the table, substitute:
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18.1 Subregulations 108 (1), (2) and (3):
Omit the subregulations, substitute:
"108. (1) A notice of a requirement under section 343 of the Act (which authorises the Secretary to require a person to give information or produce a document) must state:(a) if it is in respect of an application for a benefit under these Regulations—that the benefit cannot be paid until the information is given or the document is produced; or
(b) if it is in respect of existing payments to a student—that the payments may cease if the information is not given, or the document is not produced, before the end of the period specified in the notice.".
18.2 Subregulation 108 (4):
Omit "(2)", substitute "(1)".
[NOTE: The following note is taken to be added at the end of regulation 108:
"Note to Regulation 108
1 Section 347 of the Act sets out the requirements for a notice under section 343: for example, it must be in writing and must specify the period within which the person is to give the information."]
19.1 Subregulation 109 (1):
Omit "which the student must tell the Department about within 7 days:", substitute "about which the student must tell the Department:".
19.2 Paragraph 109(1) (a):
Add at the end:
"(xix) ceases to be an Australian citizen or a permanent resident of Australia; or".
[NOTES: 1. Note 1 to regulation 109
is taken to be amended by inserting after
2. The following note is taken to be added at the end of regulation 109:
"3 'Permanent resident of Australia' is defined in subregulation 4 (2)."]
20.1 Subregulation 113 (1):
Omit the reference to "spouse" in the Index, substitute:
"spouse, in relation to a student ......93 (2)
spouse, in relation to a student's parent............................85 (3)".
[NOTE: The note to regulation 113 is
taken to be amended by inserting after
21.1 Subclause 16 (2):
Omit the table, substitute:
| Notional rate of interest | |
Housing loan | Other loan | |
| 9.9% | 12.92% |
| 8.75% | 12.75% |
| 10.5% | 14.5% |
22.1 The AUSTUDY Regulations are further amended as set out in Schedule 1.
23.1 The AUSTUDY Regulations are further amended as set out in Schedule 2.
FURTHER AMENDMENTS—RATES AND THRESHOLDS
Column 1 Item No. | Column 2 Provision amended | Column 3 Omit | Column 4 Substitute |
| Paragraph 13 (1) (a) | $111,870 | $116,950 |
| Paragraph 13 (1) (b) | $159,470 | $166,650 |
| Paragraph 13 (1) (c) | $375,630 | $393,750 |
| Paragraph 61 (1) (a) | $8,270 | $8,642 |
| Paragraph 61 (1) (b) | $7,035 | $7,352 |
| Subregulation 88 (1) | $21,660 | $22,650 |
| Subregulation 88 (2) | $21,660 | $22,650 |
| Subregulation 95 (1) | $13,630 | $14,250 |
| Subregulation 95 (2) | $13,630 | $14,250 |
| Regulation 102E | $30.90 | $32.20 |
| Subregulation 102F (1) | $30.90 | $32.20 |
| Subregulation 102F (2) | $34.60 | $36.20 |
FURTHER AMENDMENTS—REFERENCES TO STUDENT ASSISTANCE ACT 1973
Column 1 | Column 2 | Column 3 | Column 4 |
Item No. | Provision amended | Omit | Substitute |
| Subregulation 4 (2) | ||
| Subregulation 6 (1) | ||
| Subregulation 27 (2) | ||
| Subregulation 33 (3) | ||
| Subregulation 33 (4) | ||
| Subregulation 109 (1) | ||
| Regulation 110 | ||
| Subregulation 113 (2) | ||
| Subregulation 113 (4) | ||
| Schedule 1: Group C: Item 1, paragraph (c) |
1. Notified in the
Commonwealth of Australia Gazette on 12 December 1995.2. Statutory Rules 1990 No. 443 as amended by 1991 No. 480; 1992 Nos. 24 and 399; 1993 No. 367; 1994 Nos. 13, 91 and 409; 1995 No. 132.
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