AUSTUDY Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 409 1

__________________

AUSTUDY Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Student Assistance Act 1973.

Dated 6 December 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

ROSS FREE

Minister for Schools, Vocational Education and Training

____________

1.   Commencement

1.1   Regulation 6 and subregulations 11.2, 38.2, 38.3 and 38.5 are taken to have commenced on 1 January 1994.

1.2   Subregulation 41.8 is taken to have commenced on 9 June 1994.

1.3   Regulation 7 and subregulations 28.1 and 32.2 are taken to have commenced on 1 October 1994.

1.4   Regulations 3, 5, 15, 21, 35, 36 and 40 and subregulations 9.3, 9.4, 9.5, 9.6, 9.7, 16.2, 20.2, 23.2, 32.1 and 37.3 commence on the date of commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.

1.5   The remainder of these Regulations commence on 1 January 1995.

2.   Amendment

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

3.   Regulation 5 (Age)

3.1   Subparagraph 5 (b) (iii):

Omit “(‘Independent student: (g) homelessness’);”, substitute “(‘Independent student: (g) unreasonable to live at home’);”.

4.   Regulation 8 (AUSTUDY is payable until when?)

4.1   Subregulation 8 (1):

Item (d) in table:

Omit from column 1“(other than the long vacation)”.

5.   Regulation 12C (What happens if a student’s entitlement alters?)

5.1   Omit “an authorised person”, substitute “the Secretary”.

6.   Regulation 13  (Do assets affect AUSTUDY?)

6.1   Subregulation 13 (1):

Item (b) in table:

Omit “paragraph 97 (a), (b), (ba) or (c)”, substitute “subregulation 97 (1)”.

6.2   Add at the end:

“(4) The assets test does not apply to a student who:

(a) if the assets test were applied, would not qualify for a kind of living allowance listed in subregulation (1); and

(b) has a parent or spouse who, when the student applies for AUSTUDY for 1994, holds a Health Care Card issued by the Department of Social Security for the purposes of the National Health Act 1953; and

(c) despite paragraph (a), gets AUSTUDY in 1994;

until that Health Care Card ceases to be in force.”.

7.   New regulation 18A

7.1   After regulation 18, insert:

18A

What is excluded from assets?

(e)

farm assets in an “exceptional circumstances drought affected area”

“18A. (1) If an RAS authority decides that an area is an exceptional circumstances drought affected area, the assets of a person living in that area are taken not to include his or her farm assets in the area.

“(2) In this regulation:

‘Farm assets’ includes:

(a) land, buildings, plant, equipment and vehicles used primarily for farming; and

(b) crops and livestock;

‘RAS authority’ means an authority of a State or Territory that is responsible for the administration of the Rural Adjustment Scheme on behalf of the State or Territory.”.

8.   Regulation 19 (How are business assets treated?)

8.1   Subregulation 19 (1) (definition of “family member”):

Omit, wherever occurring, “(including a de facto spouse)”.

[Note:   The notes to regulation 19 are taken to be amended by adding at the end:

3“Spouse” is defined in subregulation 93 (2).]

9.   Regulation 22 (Excluded: (b) students getting certain pensions and allowances)

9.1   Subregulation 22 (2):

Omit “period under the Social Security Act 1991:”, substitute “period:”.

9.2   Subregulation 22 (2):

Omit paragraphs (a), (b), (c) and (d), substitute:

“(a) under the Social Security Act 1991:

• (i)

  job search allowance;

• (ii)

  newstart allowance;

• (iii)

  sickness allowance;

• (iv)

  special benefit;

• (v)

  partner allowance;”.

9.3   Subregulation (22) (2):

After paragraph (a), insert:

“(b) youth training allowance under the Student and Youth Assistance Act 1973;”.

9.4   Paragraph 22 (3) (a):

Omit “1991;”, substitute “1991 or youth training allowance under the Student and Youth Assistance Act 1973;”.

9.5   Paragraph 22 (3) (c):

Omit “Secretary”, substitute “Secretary, or the Secretary”.

9.6   Subparagraph 22 (5) (a) (ii):

Omit “Secretary”, substitute “Secretary, or the Secretary”.

9.7   Paragraph 22 (5) (b):

Omit “1991;”, substitute “1991 or youth training allowance under the Student and Youth Assistance Act 1973.”.

10.   Regulation 30  (Workload: (b) secondary students studying at other institutions or by correspondence)

10.1   Subregulation 30 (6):

Omit from the table:

  “Tasmania:            Higher School Certificate  3 annual subjects”,

substitute:

    “Tasmania: Tasmanian Certificate          of Education     600 hours of A, B or C type subjects”.

[Note:     The note to regulation 33 is taken to be amended by omitting the note and substituting:

Note to regulation 33

1See Note to Schedule 2 for a list of higher  education institutions.]

11.   Regulation 38 (Levels of tertiary courses)

11.1   Subregulation 38 (3):

Add at the end:

“; (e) a graduate certificate course.”.

11.2   Subregulation 38 (4):

After paragraph (a), insert:

“(ab) the bachelor level component of a masters degree course with concurrent bachelor and masters level study;”.

12.   Regulation 56 (Use the AUSTUDY application form)

12.1   Paragraph 56 (a):

Omit “form;”, substitute “form approved by the Secretary;”.

13.   Regulation 61 (What is the maximum living allowance?)

13.1   Paragraph 61 (a):

Omit the paragraph, substitute:

“(a) $8,270—for a student (except a student to whom paragraph (ab) applies) who:

• (i)

  has a dependent child; and

• (ii)

  has no spouse, or, having a spouse, lives permanently apart from the spouse; or

(ab) $8,614—for a student described in paragraph (a) who:

• (i)

  has been receiving a living allowance of $8,614; and

• (ii)

  has no dependent child under 16 years of age in respect of whom family payment is paid to the student under Part 2.17 of the Social Security Act 1991; or”.

13.2   Paragraph 61 (c):

Omit “another”, substitute “any other”.

13.3   Paragraph 61 (c):

Omit all the words and figures after the heading to the table, substitute:

“Standard	3,508	4,219	5,176
Independent	5,791	6,403	7,779
Away-from- home	5,791	6,403	7,779”.

13.4   Add at the end:

“(2) For the purposes of this regulation, if a student pays, or is liable to pay, maintenance for a child, the child is taken not to be a dependent child of the student.”.

[Note:   The following note is taken to be added at the end of regulation 61:

Note to regulation 61

1“Spouse’’ is defined in subregulation 93 (2).]

14.   Regulation 63 (Who gets special rate living allowance?)

14.1   Paragraph 63 (1) (a):

Omit “39 weeks:”, substitute “39 weeks, a benefit of any of the following kinds (except a training allowance for a course approved for the AUSTUDY scheme):”.

14.2   Subparagraph 63 (1) (a) (i):

Omit “sickness allowance or special benefit”, substitute “sickness allowance, special benefit or partner allowance”.

14.3   Paragraph 63 (1) (a):

Omit subparagraph (ii) and the words that follow that subparagraph.

14.4   Paragraph 63 (1) (a):

Add at the end:

• “; or (iii)

  a payment made under the Commonwealth work experience program known as Jobskills; or

• (iv)

  a benefit listed in Schedule 1; or”.

14.5   Subparagraph 63 (1) (ab) (ii):

Omit the subparagraph, substitute:

• “(ii)

  when he or she started the course—have been the spouse of a person who, for at least 26 weeks out of the last 39 weeks, had been getting partner allowance, or another allowance, benefit or payment of a kind referred to in paragraph (a) at the rate set for a married person, because the person was the spouse of the student; and”.

14.6   Subparagraph 63 (1) (ab) (iv):

Omit “(at law or de facto)”.

[Note:   The following note is taken to be added at the end of regulation 63:

Note to regulation 63

1“Spouse” is defined in subregulation 93 (2).]

15.   Regulation 64 (Is there additional allowance for a spouse?)

15.1   Paragraph 64 (1) (c):

Omit “1991;”, substitute “1991 or youth training allowance under the Student and Youth Assistance Act 1973;”.

16.   Regulation 67 (Who gets the independent rate?)

16.1   Paragraph 67 (b):

Omit the paragraph.

16.2   Paragraph 67 (g):

Omit “homeless,”, substitute “unreasonable to live at home,”.

16.3   Add at the end:

“(2) A student qualifies for the independent living allowance if he or she:

(a) is entitled to receive AUSTUDY; and

(b) has, at any time, received the independent living allowance because of the student’s marriage.”.

17.   Regulation 68 (Independent student: (a) age)

17.1   Omit “23rd”, substitute “22nd”.

18.   Regulation 69 (Independent student: (b) marriage)

18.1   Omit the regulation.

19.   Regulation 70 (Independent student: (c) has a dependent child)

19.1   Subregulation 70 (2):

Omit the subregulation, substitute:

“(2) For the purposes of this regulation, the fact that a student pays, or is liable to pay, maintenance for a child, does not, alone, make the child a dependent child of the student.”.

20.   Regulation 71 (Independent student: (d) periods in the workforce)

20.1   Subparagraph 71 (1) (e) (i):

Omit “sickness allowance or special benefit”, substitute “sickness allowance, special benefit or partner allowance”.

20.2   Subparagraph 71 (1) (e) (ii):

Omit the subparagraph, substitute:

• “(ii)

  youth training allowance under the Student and Youth Assistance Act 1973; or”.

21.   Regulation 74 (Independent student: (g) homelessness)

21.1   Omit the regulation, substitute:

74

Independent student:

(g) unreasonable to live at home

“74. A student qualifies as independent through it being unreasonable that he or she live at home, if:

(a) he or she cannot live at the home of either or both of his or her parents:

• (i)

  because of extreme family breakdown or other similar exceptional circumstances; or

• (ii)

  because to do so would be at serious risk to his or her physical or mental well-being due to violence, sexual abuse or other similar unreasonable circumstance; and

(b) he or she is not receiving continuous financial or other support, directly or indirectly, from a parent of the student; and

(c) he or she is not wholly or substantially dependent on a person other than a parent of the student, on a long term basis; and

(d) he or she is not receiving a regular payment of welfare or student assistance from the Commonwealth, a State or a Territory (except AUSTUDY); and

(e) he or she does not have a spouse who, being entitled to a regular payment from the Commonwealth, a State or a Territory, gets the payment at a higher rate because the student is his or her spouse.”.

[Note:   The following note is taken to be added at the end of regulation 74:

Note to regulation 74

1“Parent” is defined in subregulation 85 (2).

2“Spouse” is defined in subregulation 93 (2).]

22.   Regulation 82 (Effect of student income-test on living allowance)

22.1   Subregulation 82 (1):

Omit the subregulation, substitute:

“(1) A student eligible for living allowance can get the maximum allowance in the entitlement period only if his or her relevant income is not more than the amount calculated under the following formula:

$6,000

´ entitlement period       

 number of days in the year.

“(1A) A student’s relevant income is his or her income calculated under the following formula:

 

T

´EP

  RIP

where:

T is the total income earned by the student in the relevant income period;

RIP is the relevant income period;

EP is the entitlement period.”.

22.2   Subregulation 82 (3):

Omit the subregulation, substitute:

“(3) In this regulation:

‘entitlement period’ means:

(a) for the period 1 January to 30 June in a year of study; or

(b) for the period 1 July to 31 December in a year of study;

the number of days during the period for which the student would, apart from this regulation, be entitled to AUSTUDY;

‘relevant income period’ means, for the period, in a year of study:

(a) from 1 January to 30 June—the number of days the student is entitled to AUSTUDY in the financial year ending in the year of study; or

(b) from 1 July to 31 December—the number of days the student is entitled to AUSTUDY in the financial year starting in the year of study.”.

23.   Regulation 83 (What is a student’s income?)

23.1   Paragraph 83 (2) (c):

Omit “sickness allowance or special benefit”, substitute “sickness allowance, special benefit or partner allowance”.

23.2   Subregulation 83 (2):

After paragraph (c), insert:

“(ca) youth training allowance under the Student and Youth Assistance Act 1973; or”.

24.   Regulation 85 (Whose income is taken into account?)

24.1   Paragraph 85 (2) (b):

Omit “a spouse, including a de facto spouse,”, substitute “a spouse”.

24.2   Paragraph 85 (2) (c):

Omit “de facto”.

[Note:   The following note is taken to be added at the end of regulation 85:

Note to regulation 85

1“Spouse” is defined in subregulation 93 (2).]

25.   Regulation 86 (What is parental income?)

25.1   Subregulation 86 (1):

Omit the formula, substitute:

 “(GPI + FB + NRPL) - DC”.

25.2   Subregulation 86 (1):

After paragraph (b) of the definition of “FB”, insert:

“NRPL means net rental property loss, being the amount by which expenses incurred by the student’s parent, or both parents, in relation to a rental property exceed the parent’s or parents’ gross income from the property:

(a) if the prescribed event referred to in paragraph 109 (1) (d) happens—in the financial year ending in the year of study; or

(b) if the event does not happen—in the most recent financial year ending before the year of study; and”

25.3   After subregulation 86 (1), insert:

“(1A) In subregulation (1):

(a) ‘rental property’ means a residential or commercial property (whether inside or outside Australia) for which the parent, or both parents, receive a premium or an amount as rent; and

(b) if the gross income from the rental property exceeds the expenses incurred in relation to the property, the NRPL is taken to be nil.”.

25.4   Subregulation 86 (8):

Omit “1986”, substitute “1986, or would have been payable if a benefit were not an exempt benefit under section 57 or 57A of that Act, or the employer were not a rebatable employer for the purposes of section 65J of the Act,”.

26.   Regulation 87 (What are the deductions for children?)

26.1   Subparagraph 87 (1) (b) (ii):

Omit “23”, substitute “22”.

26.2   Subregulation 87 (3):

Omit the subregulation, substitute:

“(3) For the purposes of this regulation, the fact that a parent pays, or is liable to pay, maintenance for a child, does not, alone, make the child a dependent child of the parent.”.

27.   Regulation 90 (Concession to the parental income test: (b) fall in income)

27.1   Subregulation 90 (1):

Add at the end:

“; (c) NRPL, within the meaning of that subregulation, means NRPL in the financial year ending in the year of study.”.

28.   Regulation 91 (Concession to the parental income test: (c) pensions and allowances)

28.1   Subregulation 91 (1):

After paragraph (ab), insert:

“(ac) a payment under the Commonwealth scheme known as the Drought Relief Payments Scheme; or”.

28.2   Subregulation 91 (1A):

Omit “is entitled to”, substitute “holds”.

29.   Regulation 93 (When does the spouse income test apply?)

29.1   Paragraphs 93 (2) (b) and (c):

Omit the paragraphs, substitute

“(b) lives with the person in a de facto relationship.”.

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

30.1   Subregulation 94 (1):

Add at the end:

“; “and (d) the amount (in this regulation called the ‘net rental property loss’) by which expenses incurred by the student’s spouse, in relation to a rental property, exceed the spouse’s gross income from the property:

• (i)

  if the prescribed event referred to in paragraph 109 (1) (d) happens—in the financial year ending in the year of study; or

• (ii)

  if the event does not happen—in the most recent financial year ending before the year of study”.”

30.2   After subregulation 94 (1), insert:

“(1AA) In subregulation (1):

(a) ‘rental property’ means a residential or commercial property (whether inside or outside Australia) for which the spouse receives a premium or an amount as rent; and

(b) if the gross income from the rental property exceeds the expenses incurred in relation to the property, the net rental property loss is taken to be nil.”.

30.3   Subregulation 94 (1B):

Omit “1986”, substitute “1986, or would have been payable if a benefit were not an exempt benefit under section 57 or 57A of that Act, or the employer were not a rebatable employer for the purposes of section 65J of the Act,”.

31.   Regulation 96 (Concession to the spouse’s income test: (a) fall in income)

31.1   Subregulation 96 (1):

Add at the end:

 “; and (c)  the net rental property loss, within the meaning of paragraph 94 (1) (d), is taken to be the amount of that loss in the financial year ending in the year of study.”.

32. Regulation 97 (Concession to the spouse’s income test:

(b) pensions and allowances)

32.1   Subregulation 97 (1):

After paragraph (b), insert:

“(baa) youth training allowance under the Student and Youth Assistance Act 1973; or”.

32.2   Subregulation 97 (1):

After paragraph (ba), insert:

“(bb) a payment under the Commonwealth scheme known as the Drought Relief Payments Scheme; or”.

32.3   Subregulation 97 (1A):

Omit “is entitled to”, substitute “holds”.

33.   Regulation 99 (Who can get the fares allowance?)

33.1   Paragraph 99 (2) (a):

Omit the paragraph, substitute:

“(a) the student:

• (i)

  gets the independent rate of living allowance (or would get it if he or she was not a pensioner student); and

• (ii)

  lives with his or her spouse during the academic year; or”.

33.2   Subparagraph 99 (2) (b) (ii):

Omit “spouse (including de facto spouse);”, substitute “spouse;”.

[Note:   The following note is taken to be added at the end of regulation 99:

3“Spouse” is defined in subregulation 93 (2).]

34.   New Chapter 6A

34.1   After Chapter 6, insert:

“Chapter 6A—What is rent assistance?

“Part 1—What are the conditions for getting rent assistance

102A.

Who can get rent assistance?

“102A. (1) A student can get rent assistance if the student pays rent and:

(a) he or she:

• (i)

  is under 22 years of age; and

• (ii)

  receives the independent living allowance under regulation 72, 73, 74, 75 or 76; and

• (iii)

  does not have a dependent child; or

(b) he or she:

• (i)

  receives the away-from-home living allowance under paragraph 77 (3); and

• (ii)

  lives away from his or her carer’s home to study.

“(2) For the purposes of this regulation, the fact that a student pays, or is liable to pay, maintenance for a child, does not, alone, make the child a dependent child of the student.”.

102B.

What happens if a student turns 22 years of age?

“102B. A student who receives rent assistance under paragraph 102A (1) (a) and subsequently turns 22 years of age can continue receiving rent assistance:

(a) until the end of his or her current course if the student continues receiving AUSTUDY; or

(b) until the end of his or her study if the student:

• (i)

  commences or recommences the study within 12 months after discontinuing or completing his or her current course; and

• (ii)

  continues receiving AUSTUDY.

102C

What happens if a student has a spouse?

“102C. (1) A student who receives rent assistance under this Chapter and has, or subsequently gets, a spouse can continue receiving rent assistance if:

(a) subject to subregulation (3), the spouse’s income does not exceed the amount specified in subregulation 95 (1); and

(b) the spouse does not get rent assistance under the Social Security Act 1991; and

(c) the student is otherwise qualified to receive rent assistance.

“(2) The student can continue receiving rent assistance:

(a) until the end of his or her current course if the student continues receiving AUSTUDY; or

(b) until the end of his or her study if the student:

• (i)

  commences or recommences the study within 12 months after discontinuing or completing his or her current course; and

• (ii)

  continues receiving AUSTUDY.

“(3) If the student’s spouse is a student who receives AUSTUDY or ABSTUDY:

(a) the spouse income test under paragraph (1) (a) does not apply; and

(b) the student’s eligibility for rent assistance is determined as if the student had no spouse.

Note to regulation 102C

1‘Spouse’ is defined in subregulation 93 (2).

2To determine a spouse’s income, see  regulations 94, 96 and 97.

102D.

What is rent?

“102D. (1) For the purposes of this Chapter, amounts are ‘rent’ in relation to a student if the amounts are payable every 3 months (or more often):

(a) as a condition of occupying a place of residence, or part of a place, occupied by the student as his or her main place of residence while studying (except a place described in another paragraph of this provision); or

(b) if the student is residing in public housing, and the housing is provided to another person from whom the student is leasing—for accommodation in the housing; or

(c) if the student pays the amounts as contributions towards household expenses (except food) and the payee regards the contributions as being instead of rent—for the contributions.

“(2) Subject to paragraph (1) (b), if a student pays an amount for accommodation in public housing, the amount is not taken to be rent for the purposes of this regulation.

“(3) If:

(a) a student pays, or is liable to pay, an amount for board and lodging; and

(b) it is not possible to work out the part of the amount that is paid or payable for lodging;

the amount of rent paid or payable by the student is taken to be two-thirds of the amount referred to in paragraph (a).

102E.

How much rent does a student have to pay?

“102E. A student can only get rent assistance for rental of more than $30.90 per week.

102F.

What is the amount of rent assistance?

“102F. (1) Rent assistance is payable at the rate of 75 cents for every $1 of rent the student pays above $30.90 per week.

“(2) The maximum rent assistance is $34.60 per week.

“Part 2—Student income test

102G.

What is the effect of the student income test on rent assistance?

“102G. (1) A student eligible for rent assistance can get the maximum assistance in the entitlement period only if his or her relevant income is not more than the amount calculated under the following formula:

$1560   ´      entitlement period       

number of days in the year

“(2) A student’s relevant income is his or her income calculated under the following formula:

 

´

EP

where:

T is the total income earned by the student in the relevant income period;

RIP is the relevant income period;

EP is the entitlement period.

“(3) In this regulation:

‘entitlement period’ means:

(a) for the period 1 January to 30 June in a year of study; or

(b) for the period 1 July to 31 December in a year of study;

the number of days during the period for which the student would, apart from this regulation, be entitled to rent assistance;

‘relevant income period’ means:

(a) for the period, in a year of study from 1 January to 30 June—the number of days the student is entitled to rent assistance in the financial year ending in the year of study; or

(b) for the period, in a year of study from 1 July to 31 December—the number of days the student is entitled to rent assistance in the financial year starting in the year of study.

“(4) The maximum amount of rent assistance a student can get is reduced by $1 for each $2 that the student’s income exceeds the amount calculated under the formula.

Note to regulation 102G

1 To determine a student’s income, see  regulation 83.

“Part 3—Rent assistance under the Social Security Act 1991

102H.

Students who have received rent assistance under the Social Security Act 1991

“102H. A student who:

(a) has received rent assistance under the Social Security Act 1991 greater than the amount that would be calculated as the student’s entitlement under these Regulations; and

(b) no longer qualifies for that rent assistance because he or she is entitled to AUSTUDY;

can receive rent assistance at an amount equal to the greater amount for up to 3 months after qualifying for AUSTUDY.”.

35.   Chapter 7 (Proceedings of the Student Assistance Review Tribunal)

35.1   Omit the Chapter.

36.   Regulation 108 (Insufficient information or evidence about a student)

36.1   Subregulation 108 (1):

Omit “an authorised person”, substitute “the Secretary”.

36.2   Add at the end:

“(4) If the information or evidence mentioned in paragraph (2) (b) is not given before the end of the 14 day period, the Secretary may suspend payments to the student.

“(5) If, after suspending payments, the Secretary receives the information or evidence requested, the Secretary may authorise:

(a) the recommencement of payment of benefits to the student; and

(b) the payment, to the student, of benefits not paid during the period of the suspension.

“(6) Payments under subregulation (5) may be made at the rate existing before the suspension, or at a different rate, depending on the student’s eligibility based on the information and evidence given.”.

[Note:   The note to regulation 108 is taken to be omitted.]

37.   Regulation 109 (What changes in circumstances must the Department be told about?)

37.1   Subparagraphs 109 (1) (a) (xi), (xii) and (xiii):

Omit the subparagraphs, substitute:

• “(xi)

  gets a spouse; or”.

37.2   Paragraph 109 (1) (a):

Add at the end:

• “(xviii)

  becomes aware of circumstances which may affect his or her entitlement to rent assistance; or”.

37.3   Paragraph 109 (1) (b):

After subparagraph (vi), insert:

• “(via)

  starts to get youth training allowance under the Student and Youth Assistance Act 1973; or”.

[Note:   The note to regulation 109 is taken to be amended by adding at the end:

2“Spouse” is defined in subregulation 93 (2).]

38.   Schedule 1 (Pensions and Allowances)

38.1   Group A, item 5:

Omit “Widowed person allowance”, substitute “Bereavement allowance”.

38.2   Group A, item 10:

Omit the item.

38.3   Group B, item 10:

Omit “Service pension (wife)—”, substitute “Wife pension—”.

38.4   Group B, item 11:

Omit the item, substitute:

“11 Service pension (partner)—if husband gets an invalidity service pension (Section 38 of the Veterans’ Entitlements Act 1986)”.

38.5   Group B:

Add at the end:

“13 Rehabilitation allowance paid under Part 35 of Schedule 1A to the Social Security Act 1991 (Part 2.10 of the Social Security Act 1991 as in force on 11 November 1991)”.

39   Schedule 2 (Institutions that are regarded as TAFE institutions)

39.1   Omit the words after the heading, substitute:

“PART 1—AUSTRALIAN CAPITAL TERRITORY

“Computer Power Training Institute

Elleebana School of Beauty Therapy

Metropolitan Business College

National Recording Studios

Stephanie Roberts International School of Beauty

“PART 2—NEW SOUTH WALES

“Academy of Audio Engineers

Academy of Photogenic Arts

Acupuncture Colleges

Advanced Careers College

Aerospace Aviation

Airtex Aviation Academy

Alpha Beta Colleges

Art and Technology of Make-up College

Australasian College of Natural Therapies

Australian Academy - Australian Nanny School

Australian Academy - Professional Business Colleges of Australia

Australian Academy of Dramatic Arts

Australian College of Applied Psychology

Australian College of Physical Education

Australian Flyers Pty Ltd

Australian Institute of Counselling in Addictions

Australian Institute of Music

Australian International Conservatorium of Music

Australian Quality College

Avondale College

Axis Aviation

Bankstown Business College

Barton Business College

Bedford College

Bensons Institute of Hospitality

Billy Blue School of Graphic Design and Advertising

Blue Mountains International Hotel Management School

Bridge Business College

Burwood Computer College

Burwood Training College

C B Alexander Agricultural College

Cambridge Secretarial College

Careers English and Business College

Centre for Agency Licensing Education

Clarendon Secretarial and Business College

Coffs Harbour Business College

College of Advanced Secretarial Studies

College of Somatic Studies

Computer Power

MJ Denstaff Training Pty Ltd

Dynamic Dance Studios

Eastwood Secretarial and Coaching College

Email Training Services

Five Star Hospitality Group

Flair Secretarial College

Hayton Travel Training

Heritage Academy of Beauty Therapy

Hospitality Training Company

Hunter Valley Training Company

Hurlstone Marrickville Business College

Hurstville Business College

Informatics Institute

Industrial Skills and Training Providers

Insearch Institute of Commerce

International College of Music

International Wing Chun Academy

Kenvale College

KvB College of Visual Communications

Lynwood-Brent College

Macleay College

Macquarie College of Beauty Therapy

Madam Korner Beauty College

Marrickville Business College

Mercury Business Colleges

Metropolitan Business College

Murrumbidgee College of Agriculture

My Little Friend School of Childcare

National Business College

National Institute of Dramatic Art

National Travel Training Institute

Nature Care College

Newcastle Advanced School of Beauty Therapy

North Coast Academy of the Arts

Northern Business College

NSW Business College

Parsifal College

Power Business College

Professional Business Colleges of Australia

Regent Business College

St Patrick’s Business College

School of Auto Engineering

School of Childcare, Health & Community Studies

Strand College of Beauty Therapy

Supreme Secretarial College

Sydney Business and Travel Academy

Sydney Graphics College

The Metropolitan Business College

Tourism Training Centre

Whitehouse School

William Blue Management School

Williams Business College

Williams Secretarial College

Wivenhoe Vocational College

Wyong Leisure Learning Centre

    

“PART 3—NORTHERN TERRITORY

[Note: No Northern Territory institutions are regarded as TAFE institutions.]

“PART 4—QUEENSLAND

“Academy of Natural Therapies, Burleigh Heads

Academy of the Darling Downs (formerly Jennifer Rose Business Academy)

Achievers Business College, Brisbane City

Air Training Centre, Archerfield

Amarna College of Beauty

Ascent Career & Business Training Centre (Western Suburbs SkillShare t/as)

Australian College for Investigators and Agents Pty Ltd

Australian College of Nannies

Australian College of Natural Medicine, Fortitude Valley

Australian Horticultural Correspondence School

Australian Institute of Applied Science

Baptist Theological College of Queensland

Bible College of Queensland

Bridging the Gap Job Help Gold Coast Inc., Southport and Nerang

Brisbane College of Theology (Consortium)

Brisbane Commercial College

Brisbane Dance School

Brisbane School of Hairdressing, City and Gold Coast

Bundaberg Skills Centre (SkillShare)

Business and Commercial College, North Quay

Cadet Inc

Cairns Business College

Caloundra Business College

Capricornia SkillShare

Challenge Aviation Academy

Charlton Brown Nanny College

Chez Belle School of Beauty Therapy

Chopperline Flight Training

Christian Heritage College

College of Natural Beauty

Commercial Studies Centre

Computer Power Training Institute, Brisbane City

Flight Training Australia

Fogarty’s Aviation Academy, Mudjimba

Gold Coast Aviation Centre

Gold Coast Business Academy, Surfers Paradise

Gold Coast College of Business, Bundall

Gold Coast College of Christian Ministry

Gold Coast Training Academy

Group Training Australia - Gold Coast Inc

Hempels Aviation

Hospitality Training Association College

Hughes Hospitality School

International School of Scientific Beauty

Jubilee International Bible College, Stafford Heights

Kelly Business College

Kenmore Christian College

Logan City Business Academy, Springwood

Logan ITeC

Lorraine Martin Commercial College, Brisbane City

Matters In Gray—School of Hairdressing

North Queensland College of Ministry

Pan Pacific Hotel Career Development Institute, Broadbeach

PARTEC

Phoenix Air Training Services, Coolangatta

Planet Downs

Professional Academy of Tourism and Hospitality

Queensland Aerospace Training College

Queensland Business College

Queensland Commercial College, Brisbane City

Queensland Housing and Construction Group Training Scheme

Queensland Institute of Natural Science

Queensland School of Professional Hairdressing

Robyn Murphy Business Centre Pty Ltd

Ross Adams School of Hairdressing, Stones Corner

Royal Queensland Aero Club, Archerfield

Skytech International Flying School

Strikeforce Ministry Training Institute

Suncoast Flying Services

Sunshine Coast Business Academy, Maroochydore

The Advertising Academy

The Beauty Therapy Centre

The Chandos School of Health and Beauty

The Commercial Art Training Centre

The Nanny and Child Care Training Centre

The Nanny School

The Office Business Academy, Brisbane City

The Perfect Fit Institute for Fitness Professionals

The Southport College of Business

Thuringowa Job Training Centre

Toowoomba Coaching and Business College

Top Office Personnel

Transport Training Institute

Verona Therapy & Beauty Clinic, Southport

Wendy Le Noble and Co., Underwood

Workskills Advancement Corporation

“PART 5—SOUTH AUSTRALIA

“Adelaide Bible College

Adelaide Central School of Art

Adelaide College of Divinity

Adelaide Hospitality and Tourism School

Adelaide Legal and Commercial

AFTA Travel College

Bible College of South Australia (Australian College of Theology)

Burleigh College (SA Baptist Theological College)

Clements School of Management

Clip Joint Academy of Hairdressing

College of Traditional Therapies

Commercial Training Consultants Pty Ltd

Computer Power Training Institute

COMSKILL Incorporated

Engineering Metal Fabrication Training Centre Inc

Heather Langton Academy of Beauty Therapy

Hyde Park College of Beauty Therapy

International College of Hotel Management

Luther Campus

Midland Business Service

Muirden Business Studies Centre Ltd

Pam Arnold Centre

Peacock Academy of Make-up Artistry

Perfect Fit - Institute for Fitness Professionals

Pride’s Business College

Receptionist Centre Business College (Travel and Tourism Academy)

Resort and Restaurant Training

SA College of Natural Therapies and Traditional Chinese Medicine

Shermans Hairdressing Academy

South-East Academy of Hairdressing

Southern Training Providers

Stone’s College Ltd

Syndicate International School of Hairdressing

Tabor College

WEA (Workers' Educational Association of SA Inc)

“PART 6—VICTORIA

“Abbott Hospitality Training and Development

Apollo Bay Community Centre

Association of Professional Engineers and Scientists, Australia

Australian Academy of Business Studies

Australian Academy of Hairdressing

Australian Alpine Institute

Australian Ballet School

Australian Chamber of Manufacture

Australian College of Hair Design and Beauty

Australian College of Photography, Art and Communication P/L

Australian College of Travel and Hospitality

Australian Guild of Music Education

Ballarat Adult and Further Education Centre Inc

Bible College of Victoria

Cames Business College

Centre of Excellence

Chalmers Business College

Child and Family Centre Network

Colac Adult Education Group Inc

Complete Hospitality Training

Computer Power Training Institute

Computer Training Institute

da Silva College of Business and Tourism

Dandenong Business College

Echuca Workskills Inc

Electrical and Electronic Centre

Elly Lukas Beauty Therapy College

Emerson Office Training

Gippsland Business College

Hales College

Harvest Bible College

Helene Abicair College of Advanced Beauty Therapy

Holmes Colleges

Institute of Theological Education

Kingsley College

Kingswood Institute of Tertiary Education

Lang's Business College

Macquarie Commercial College

Main Street Business College

Marcus Oldham Farm Management College

Marketing Association of Australia and New Zealand

Melba Memorial Conservatorium of Music

Melbourne Administrative Staff College

Melbourne College of Divinity

Melbourne College of Hair and Beauty

Melbourne School of Art and Photography

National Theatre Ballet School

Natural Skincare College

Oceania Polytechnic

Ohel Chana College of Advanced Jewish Education for Women

Photography Studies College

Pivot Point Hairdressing College

Presbyterian Theological Hall

Proceed Inc

Rabbinical College of Australia and New Zealand

Recording Technology Training Centre

Reformed Theological College

Ridley College

Salvation Army Training College

School of Audio Engineering

South Barwon Employment Skills Centre Inc

Southern Cross Bible College

Stott's Commercial College

Stott's Correspondence College

Summer School of Linguistics

Susan Rogan Nanny School

Suzan Johnston

Tabor College

Taylor’s Institute of Advanced Studies Ltd

Upper Yarra Community House Inc

Victoria Business College

Victoria College (formerly Victoria International College)

Victoria College of Beauty Therapy

Vocation Australia

Warrnambool Self Education and Learning Inc

“PART 7—WESTERN AUSTRALIA

“Academy of Hotel and Catering Pty Ltd

Adult Worklink Inc

Aerotechnical Skills College

AFTA Travel College

Albany and Districts SkillShare

Alexander College

Australian College of Beauty Therapy

Australian Institute for University Studies (AUIS)

Australian International College of Commerce

Australian Learning Academy

Australian Nanny School

Australian National Institute of Higher Education

Baptist Theological College

Bassendean Auto Workshop Project

Beaufort College

City Business College

Computer Power Training Institute

Edwards Business College

Esperance College

Fremantle Education Centre

Group Training Perth Inc

Hospitality Group Training (WA) Inc

Jim Bradley Training Consultancy

Kalgoorlie College

Metropolitan Industries Group Training Association of WA Inc

Montessori World Educational Institute (Aust) Inc

Morrison Consulting and Training

Oceanic Institute of Classical Homeopathy

Olympia Business Training Centre

Peel District SkillShare

Perth Academy of Natural Therapies

Perth Bible College

Perth Centre For Applied Christian Studies

Perth College of Beauty Therapy

Perth Commercial College

Perth Hospitality Professionals

Perth Institute of Business and Technology

Perth ITeC Pty Ltd

Perth School of Hospitality and Tourism

Phoenix Business Training Centre

Plumbing and Painting Industry Skills and Technical Centre

Receptionist Service Training Centre

Regional Training Services, Albany

Regional Training Services, Bunbury

Retails Skills Centre WA Inc

Rhema Bible Training Centre

Southern Cross Bible College

Suzie Craddock School of Beauty Therapy

Tabor College

WA Bible College

WA International College

WA Institute of Beauty Therapy

Westrek

Wooden Boat Works

“PART 8—TASMANIA

“Tasmanian College of Ministries, Hobart

WEC Missionary College, Launceston

Zenith Business College, Hobart”.

40   Schedules 4 and 5 (Forms)

40.1   Omit the Schedules.

[Note:     The note after Schedule 5 (“NOTE—Higher education institutions”) is taken to be a note to Schedule 2.]

41.   Schedule 6

41.1   Clause 1, definition of “employee”:

Paragraph (a):

Omit “is”, substitute “is, or was,”.

41.2   Clause 1, definition of “ employee”:

Subparagraph (b) (i):

Omit “performs”, substitute “performs, or has held or performed,”.

41.3   Clause 1, definition of “employee”:

Subparagraph (b) (ii):

Omit “is”, substitute “is, or was,”.

41.4   Clause 1, definition of “employee”:

Subparagraph (b) (iii):

Omit “is”, substitute “is, or was,”.

41.5   Clause 1, definition of “employer”:

Paragraph (a):

After “who”, insert “paid,”.

41.6   Clause 10:

Omit the clause, substitute:

Housing benefits

“10.

A recipient is taken to be provided with a housing benefit if:

• (a)

  the recipient has a housing right; or

• (b)

  the recipient’s employer makes rental, lease or mortgage payments, directly or indirectly, on behalf of the recipient.”.

41.7   Subclause 12 (5):

Omit “locations.”, substitute “locations (except as affected by subclause (7)).”.

41.8   Subclause 12 (7):

Add at the end:

• “; (d)

  it is provided by the Commonwealth as a housing benefit for a member of the Australian Defence Force.”.

41.9   Subclause 16 (1):

Omit from Step 2 “subclause (2) or (3).”, substitute “subclause (2).”.

41.10   Subclause 16 (2):

Omit the subclause, substitute:

“(2)

The notional rate of interest for a loan is set out in the following table:

Fringe Benefits year	Notional rate of interest
Housing loan	Other loan
starting 1/4/92	11%	14.75%
starting 1/4/93	9.9%	12.92%
starting 1/4/94	8.75%	12.75%”.

41.11   Subclause 16 (3):

Omit the subclause.

42.   Further amendments

42.1   Each provision specified in column 2 of an item in the following table is amended by:

• (a)

  omitting the matter set out in column 3 of the item; and

• (b)

  substituting the matter set out in column 4 of the item.

TABLE OF AMENDMENTS

Column 1 Item No.	Column 2 Provision	Column 3 Omit	Column 4 Substitute
1.	Paragraph 13 (1) (a)	$110,000	$111,870
2.	Paragraph 13 (1) (b)	$156,800	$159,470
3.	Paragraph 13 (1) (c)	$369,350	$375,630
4.	Paragraph 61 (b)	$6,917	$7,035
5.	Subregulation 64 (1)	$6,917	$7,035
5.	Subregulation 88 (1)	$21,300	$21,660
6.	Subregulation 88 (2)	$21,300	$21,660
7.	Subregulation 95 (1)	$13,400	$13,630
8.	Subregulation 95 (2)	$13,400	$13,630

43.   Transitional—effect of student income-test on living allowance

43.1   For the purposes of regulation 82, the relevant income period of a student who is entitled to AUSTUDY during the period 1 January 1995 to 30 June 1995, and has received AUSTUDY during the period 1 July 1994 to 31 December 1994, is, in respect of that entitlement, the number of days the student is entitled to AUSTUDY during the period 1 January 1995 to 30 June 1995.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 December 1994.

2. Statutory Rules 1990 No. 443 as amended by 1991 No. 480; 1992 Nos. 24 and 399; 1993 No. 367; 1994 Nos. 13 and 91.