AUSTUDY Regulations (Amendment) (Cth)

Statutory Rules 1998No. 132 1

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AUSTUDY Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Student and Youth Assistance Act 1973.

Dated 18 June 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

CHRISTOPHER ELLISON

Minister for Schools, Vocational Education and Training

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1.   Commencement

1.1   These Regulations are taken to have commenced on 1 January 1994.

2.   Amendment

2.1   The AUSTUDY Regulations are amended as set out in these Regulations.

3.   Regulation 86 (What is parental income)

3.1   Subregulation 86 (8):

Omit the subregulation, substitute:

 “(8) If a student’s parent is an employee who gives the Department a written statement by the parent’s employer (or each of the parent’s employers) of the amount mentioned in subregulation (8A) (the notional fringe benefits amount), that amount is taken to be the value of the fringe benefits received by the parent:

• (a)

  if the event mentioned in paragraph 109 (1) (d) happens in relation to the student—in the fringe benefits year ending in the year of study; and

• (b)

  if that event does not happen—in the most recent fringe benefits year ending before the year of study.

 “(8A) The notional fringe benefits amount is the amount, or the total of the amounts, for which tax:

• (a)

  is payable under the Fringe Benefits Tax Assessment Act 1986 by the employer or employers for any fringe benefits described in subregulation (9) that are provided by the employer or employers to the parent; or

• (b)

  would have been so payable if:

• (i)

  the fringe benefits were not exempt benefits under section 57 or 57A of that Act; or

• (ii)

  the employer, or employers, were not a rebatable employer, or rebatable employers, for section 65J of that Act.”.

3.2   Subregulation 86 (10):

Insert the following definition:

“employee includes a person who:

• (a)

  held or holds an office or position under the Constitution or a law of the Commonwealth, a State or a Territory; and

• (b)

  was or is a member of the Commonwealth Parliament, a State Parliament or a Territory legislature.”.

4.   Regulation 94 (What is the spouse’s income)

4.1   Subregulation 94 (1B):

Omit the subregulation, substitute:

 “(1B) If a student’s spouse is an employee who gives the Department a written statement by the spouse’s employer (or each of the spouse’s employers) of the amount mentioned in subregulation (1BA) (the notional fringe benefits amount), that amount is taken to be the value of the fringe benefits received by the spouse:

• (a)

  if the event mentioned in paragraph 109 (1) (d) happens in relation to the student—in the fringe benefits year ending in the year of study; and

• (b)

  if that event does not happen—in the most recent fringe benefits year ending before the year of study.

 “(1BA) The notional fringe benefits amount is the amount, or the total of the amounts, for which tax:

• (a)

  is payable under the Fringe Benefits Tax Assessment Act 1986 by the employer or employers for any fringe benefits described in subregulation (1C) that are provided by the employer or employers to the spouse; or

• (b)

  would have been so payable if:

• (i)

  the fringe benefits were not exempt benefits under section 57 or 57A of that Act; or

• (ii)

  the employer, or employers, were not a rebatable employer, or rebatable employers, for section 65J of that Act.”.

5.   Regulation 113 (Definitions)

5.1   Subregulation 113 (1) (Index):

Insert in the appropriate alphabetical position determined on a letter‑by-letter basis:

“employee............................................86 (10)”.

6.   Schedule 6 (Fringe benefits)

6.1   Clause 1 (definitions of employee and employment):

Omit the definitions.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 June 1998.

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 Nos. 132 and 393 (disallowed by the Senate on 10 September 1996); 1996 Nos. 21, 245, 246, 261 and 275; 1997 Nos. 83, 159, 187, 302, 323, 341 and 373; 1998 Nos. 33, 71 and 86.