AUSTUDY Regulations (Amendment) (Cth)

Statutory Rules 1998No. 86 1

__________________

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 14 May 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

christopher ellison

Minister for Schools, Vocational Education and Training

____________

1.   Commencement

1.1   These Regulations (except regulations 5, 9, 14, 18, 20, 22 and 24) are taken to have commenced on 1 January 1998.

1.2   Regulations 5, 9, 14, 18, 20, 22 and 24 commence on gazettal.

2.   Amendment

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

3.   Regulation 12M (Actual means: designated parents)

3.1   Subregulations 12M (2), (3), (4) and (5):

Omit the subregulations, substitute:

 “(2) However, if regulation 12MA applies, the actual means of a designated parent for the year of study is taken to be the amount that equates to the total expenditure by, and savings of, the parent and each family member in the financial year ending in the year of study.

 “(3) For this regulation, an amount of expenditure or savings is taken to have been spent or saved in the relevant financial year if the Secretary considers that the amount should be taken to have been spent or saved in the year.

 “(4) In this regulation:

family has the meaning given by subregulation 12N (5).”.

4.   New regulation 12MA

4.1   After regulation 12M, insert:

AMT concession: designated parents

 “12MA.(1)This regulation applies if:

• (a)

  the amount mentioned in subregulation 12M (2) is, or is likely to be, substantially less than the amount mentioned in subregulation 12M (1); and

• (b)

  subregulation (2), (4) or (5) applies.

 “(2) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because of an event that is beyond the control of the parent or family member; and

• (b)

  the amount mentioned in subregulation 12M (2) is likely to continue to be the amount that equates to the total expenditure by, and savings of, the parent and each family member (the family’s means) for at least 2 years after the later of:

  • (i)

    the day when the event happened; and

  • (ii)

    1 January in the year of study.

 “(3) For paragraph (2) (a), an expected decrease in the profitability of a business in which the parent or a family member has an interest is not ordinarily to be taken to be an event that is beyond the control of the parent or family member.

“(4) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because the parent or a family member is enrolled in a course as a full‑time student for the year of study; and

• (b)

  the amount mentioned in subregulation 12M (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the day when the parent or family member enrolled in the course; and

  • (ii)

    1 January in the year of study.

 “(5) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because:

  • (i)

    the parent had any interest of the kind mentioned in paragraph 12K (1) (c) in the last financial year ending before the year of study, but no longer has any such interest; or

• (ii)

  the parent derived income mentioned in paragraph 12K (1) (d) in that year, but is no longer deriving that income; or

• (iii)

  subregulation (6) applies to the parent; or

• (iv)

  the parent was a member of any partnership in the year, but is no longer a member of any such partnership; or

• (v)

  the parent was a self-employed person within the meaning of paragraph 12K (1) (g) in the year, but is no longer a self-employed person; and

• (b)

  the amount mentioned in subregulation 12M (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the relevant day; and

  • (ii)

    1 January in the year of study.

 “(6) This subregulation applies to a parent if the parent derived income mentioned in paragraph 12K (1) (e) in the last financial year ending before the year of study and has claimed, or will claim, in that year a tax deduction mentioned in that paragraph for that year or a previous year, but:

• (a)

  is no longer deriving that income; or

• (b)

  has not claimed, or will not claim, a tax deduction of that kind in the financial year ending in the year of study for that year or a previous year.

 “(7) In this regulation:

family has the meaning given by subregulation 12N (5).

relevant day means the day, or the last of the days, when:

• (a)

  if subparagraph 12MA (5) (a) (i), applies—the parent ceased to have the interest; and

• (b)

  if subparagraph 12MA (5) (a) (ii) applies—the parent ceased to derive the income; and

• (c)

  if subparagraph 12MA (5) (a) (iv) applies—the parent ceased to be a member of the partnership; and

• (d)

  if subparagraph 12MA (5) (a) (v) applies—the parent ceased to be a self-employed person; and

• (e)

  if paragraph 12MA (6) (a) applies—the parent ceased to derive the income; and

• (f)

  if paragraph 12MA (6) (b) applies—the financial year ending in the year of study began.”.

5.   New regulation 12MB

5.1   After regulation 12MA, insert:

How does concession affect living allowance?

 “12MB.(1) A student who is eligible to get living allowance, or increased living allowance, because of regulation 12MA, can get the allowance or increased allowance from the last of:

• (a)

  the day when the student became eligible to get the allowance; and

• (b)

  if subregulation 12MA (2) applies—the day when the event happened; and

• (c)

  if subregulation 12MA (4) applies—the day when the parent or family member enrolled in the course; and

• (d)

  if subregulation 12MA (5) applies—the relevant day.

 “(2) In this regulation:

relevant day has the meaning given by subregulation 12MA (7).”.

6.   Regulation 12N (What is not the actual means of a designated parent)

6.1   Paragraph 12N (1) (k):

Omit “expenditure from the income of”, insert “expenditure (except expenditure already mentioned in this subregulation) from the financial resources of”.

6.2   Subregulation 12N (1):

Add at the end:

• “; or (n)

  expenditure or savings from any part of a lump sum compensation payment made to the parent or a family member on which tax is not payable under the Income Tax Assessment Act 1936 or Income Tax Assessment Act 1997.”.

7.   Regulation 12T (Actual means: designated spouses)

7.1   Subregulations 12T (2), (3), (4) and (5):

Omit the subregulations, substitute:

 “(2) However, if regulation 12TA applies, the actual means of a designated spouse for the year of study is taken to be the amount that equates to the total expenditure by, and savings of, the spouse and each family member in the financial year ending in the year of study.

 “(3) For this regulation, an amount of expenditure or savings is taken to have been spent or saved in the relevant financial year if the Secretary considers that the amount should be taken to have been spent or saved in the year.

 “(4) In this regulation:

family has the meaning given by subregulation 12U (5).”.

8.   New regulation 12TA

8.1   After regulation 12T, insert:

AMT concession: designated spouse

 “12TA.(1)This regulation applies if:

• (a)

  the amount mentioned in subregulation 12T (2) is, or is likely to be, substantially less than the amount mentioned in subregulation 12T (1); and

• (b)

  subregulation (2), (4) or (5) applies.

 “(2) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because of an event that is beyond the control of the spouse or family member; and

• (b)

  the amount mentioned in subregulation 12T (2) is likely to continue to be the amount that equates to the total expenditure by, and savings of, the spouse and each family member (the family’s means) for at least 2 years after the later of:

  • (i)

    the day when the event happened; and

  • (ii)

    1 January in the year of study.

 “(3) For paragraph (2) (a), an expected decrease in the profitability of a business in which the spouse or a family member has an interest is not ordinarily to be taken to be an event that is beyond the control of the spouse or family member.

“(4) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because the spouse or a family member is enrolled in a course as a full‑time student for the year of study; and

• (b)

  the amount mentioned in subregulation 12T (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the day when the spouse or family member enrolled in the course; and

  • (ii)

    1 January in the year of study.

 “(5) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because:

  • (i)

    the spouse had any interest of the kind mentioned in paragraph 12R (1) (c) in the last financial year ending before the year of study, but no longer has any such interest; or

• (ii)

  the spouse derived income mentioned in paragraph 12R (1) (d) in that year, but is no longer deriving that income; or

• (iii)

  subregulation (6) applies to the spouse; or  

• (iv)

  the spouse was a member of any partnership in the year, but is no longer a member of any such partnership; or

• (v)

  the spouse was a self‑employed person within the meaning of paragraph 12R (1) (g) in the year, but is no longer a self‑employed person; and

• (b)

  the amount mentioned in subregulation 12T (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the relevant day; and

  • (ii)

    1 January in the year of study.

 “(6) This subregulation applies to a spouse if the spouse derived income mentioned in paragraph 12R (1) (e) in the last financial year ending before the year of study and has claimed, or will claim, in that year a tax deduction mentioned in that paragraph for that year or a previous year, but:

• (a)

  is no longer deriving that income; or

• (b)

  has not claimed, or will not claim, a tax deduction of that kind in the financial year ending in the year of study for that year or a previous year.

 “(7) In this regulation:

family has the meaning given by subregulation 12U (5).

relevant day means the day, or the last of the days, when:

• (a)

  if subparagraph 12TA (5) (a) (i), applies—the spouse ceased to have the interest; and

• (b)

  if subparagraph 12TA (5) (a) (ii) applies—the spouse ceased to derive the income; and

• (c)

  if subparagraph 12TA (5) (a) (iv) applies—the spouse ceased to be a member of the partnership; and

• (d)

  if subparagraph 12TA (5) (a) (v) applies—the spouse ceased to be a self-employed person; and

• (e)

  if paragraph 12TA (6) (a) applies—the spouse ceased to derive the income; and

• (f)

  if paragraph 12TA (6) (b) applies—the financial year ending in the year of study began.”.

9.   New regulation 12TB

9.1   After regulation 12TA, insert:

How does concession affect living allowance?

 “12TB. (1) A student who is eligible to get living allowance, or increased living allowance, because of regulation 12TA, can get the allowance or increased allowance from the last of:

• (a)

  the day when the student became eligible to get the allowance; and

• (b)

  if subregulation 12TA (2) applies—the day when the event happened; and

• (c)

  if subregulation 12TA (4) applies—the day when the spouse or family member enrolled in the course; and

• (d)

  if subregulation 12TA (5) applies—the relevant day.

 “(2) In this regulation:

relevant day has the meaning given by subregulation 12TA (7).”.

10.   Regulation 12U (What is not the actual means of a designated spouse)

10.1   Paragraph 12U (1) (k):

Omit “expenditure from the income of”, insert “expenditure (except expenditure already mentioned in this subregulation) from the financial resources of”.

10.2   Subregulation 12U (1):

Add at the end:

• “; or (n)

  expenditure or savings from any part of a lump sum compensation payment made to the spouse or a family member on which tax is not payable under the Income Tax Assessment  Act 1936 or Income Tax Assessment Act 1997.”.

11.   Regulation 12X (Who is a designated student)

11.1   Paragraph 12X (1) (b):

Omit “in the year of study,”.

12.   Regulation 12Z (Actual means: designated student with a spouse)

12.1   Subregulations 12Z (2), (3), (4) and (5):

Omit the subregulations, substitute:

 “(2) However, if regulation 12ZAA applies, the actual means of the spouse of a designated student for the year of study is taken to be the amount that equates to the total expenditure by, and savings of, the spouse and each family member in the financial year ending in the year of study.

 “(3) For this regulation, an amount of expenditure or savings is taken to have been spent or saved in the relevant financial year if the Secretary considers that the amount should be taken to have been spent or saved in the year.

 “(4) In this regulation:

family has the meaning given by subregulation 12ZA (8).”.

13.   New regulation 12ZAA

13.1   After regulation 12Z, insert:

AMT concession: designated student with a spouse

 “12ZAA.(1)This regulation applies if:

• (a)

  the amount mentioned in subregulation 12Z (2) is, or is likely to be, substantially less than the amount mentioned in subregulation 12Z (1); and

• (b)

  subregulation (2), (4) or (5) applies.

 “(2) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because of an event that is beyond the control of the spouse or family member; and

• (b)

  the amount mentioned in subregulation 12Z (2) is likely to continue to be the amount that equates to the total expenditure by, and savings of, the spouse and each family member (the family’s means) for at least 2 years after the later of:

  • (i)

    the day when the event happened; and

  • (ii)

    1 January in the year of study.

 “(3) For paragraph (2) (a), an expected decrease in the profitability of a business in which the spouse or a family member has an interest is not ordinarily to be taken to be an event that is beyond the control of the spouse or family member.

“(4) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because the spouse or a family member is enrolled in a course as a full‑time student for the year of study; and

• (b)

  the amount mentioned in subregulation 12Z (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the day when the spouse or family member enrolled in the course; and

  • (ii)

    1 January in the year of study.

 “(5) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because:

  • (i)

    the spouse had any interest of the kind mentioned in paragraph 12X (1) (c) in the last financial year ending before the year of study, but no longer has any such interest; or

• (ii)

  the spouse derived income mentioned in paragraph 12X (1) (d) in that year, but is no longer deriving that income; or

• (iii)

  subregulation (6) applies to the spouse; or

• (iv)

  the spouse was a member of any partnership in the year, but is no longer a member of any such partnership; or

• (v)

  the spouse was a self‑employed person within the meaning of paragraph 12X (1) (g) in the year, but is no longer a self‑employed person; and

• (b)

  the amount mentioned in subregulation 12Z (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the relevant day; and

  • (ii)

    1 January in the year of study.

 “(6) This subregulation applies to a spouse if the spouse derived income mentioned in paragraph 12X (1) (e) in the last financial year ending before the year of study and has claimed, or will claim, in that year a tax deduction mentioned in that paragraph for that year or a previous year, but:

• (a)

  is no longer deriving that income; or

• (b)

  has not claimed, or will not claim, a tax deduction of that kind in the financial year ending in the year of study for that year or a previous year.

 “(7) In this regulation:

family has the meaning given by subregulation 12ZA (8).

relevant day means the day, or the last of the days, when:

• (a)

  if subparagraph 12ZAA (5) (a) (i), applies—the spouse ceased to have the interest; and

• (b)

  if subparagraph 12ZAA (5) (a) (ii) applies—the spouse ceased to derive the income; and

• (c)

  if subparagraph 12ZAA (5) (a) (iv) applies—the spouse ceased to be a member of the partnership; and

• (d)

  if subparagraph 12ZAA (5) (a) (v) applies—the spouse ceased to be a self-employed person; and

• (e)

  if paragraph 12ZAA (6) (a) applies—the spouse ceased to derive the income; and

• (f)

  if paragraph 12ZAA (6) (b) applies—the financial year ending in the year of study began.”.

14.   New regulation 12ZAB

14.1   After regulation 12ZA, insert:

How does concession affect living allowance?

 “12ZAB. (1) A student who is eligible to get living allowance, or increased living allowance, because of regulation 12ZAA, can get the allowance or increased allowance from the last of:

• (a)

  the day when the student became eligible to get the allowance; and

• (b)

  if subregulation 12ZAA (2) applies—the day when the event happened; and

• (c)

  if subregulation 12ZAA (4) applies—the day when the spouse or family member enrolled in the course; and

• (d)

  if subregulation 12ZAA (5) applies—the relevant day.

 “(2) In this regulation:

relevant day has the meaning given by subregulation 12ZAA (7).”.

15.   Regulation 12ZA (What is not the actual means of the spouse of a designated student)

15.1   Paragraph 12ZA (1) (k):

Omit “expenditure from the income of”, insert “expenditure (except expenditure already mentioned in this subregulation) from the financial resources of”.

15.2   Subregulation 12ZA (1):

Add at the end:

• “; or (n)

  expenditure or savings from any part of a lump sum compensation payment made to the spouse or a family member on which tax is not payable under the Income Tax Assessment Act 1936 or Income Tax Assessment Act 1997.”.

16.   Regulation 12ZE (Actual means: designated students without a spouse)

16.1   Subregulations 12ZE (2), (3), (4) and (5):

Omit the subregulations, substitute:

 “(2) However, if regulation 12ZE applies, the actual means of a designated student for the year of study is taken to be the amount that equates to the total expenditure by, and savings of, the student and each family member in the financial year ending in the year of study.

 “(3) For this regulation, an amount of expenditure or savings is taken to have been spent or saved in the relevant financial year if the Secretary considers that the amount should be taken to have been spent or saved in the year.

 “(4) In this regulation:

family has the meaning given by subregulation 12ZF (8).”.

17.   New regulation 12ZEA

17.1   After regulation 12ZE, insert:

AMT concession: designated students without a spouse	“12ZEA.(1)This regulation applies if: (a) the amount mentioned in subregulation 12ZE (2) is, or is likely to be, substantially less than the amount mentioned in subregulation 12ZE (1); and (b) subregulation (2), (3) or (4) applies.
.“(2) This subregulation applies if: (a) paragraph (1) (a) applies because of an event that is beyond the control of the student or family member; and
(b) the amount mentioned in subregulation 12ZE (2) is likely to continue to be the amount that equates to the total expenditure by, and savings of, the student and each family member (the family’s means) for at least 2 years after the later of: (i) the day when the event happened; and (ii) 1 January in the year of study.
“(3) For paragraph (2) (a), an expected decrease in the profitability of a business in which the student or a family member has an interest is not ordinarily to be taken to be an event that is beyond the control of the student or family member.
“(4) This subregulation applies if: (a) paragraph (1) (a) applies because the student or a family member is enrolled in a course as a full‑time student for the year of study; and

• (b)

  the amount mentioned in subregulation 12ZE (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the day when the student or family member enrolled in the course; and

  • (ii)

    1 January in the year of study.

 “(5) This subregulation applies if:

• (a)

  paragraph (1) (a) applies because:

  • (i)

    the student had any interest of the kind mentioned in paragraph 12X (1) (c) in the last financial year ending before the year of study, but no longer has any such interest; or

• (ii)

  the student derived income mentioned in paragraph 12X (1) (d) in that year, but is no longer deriving that income; or

• (iii)

  subregulation (6) applies to the student; or

• (iv)

  the student was a member of any partnership in the year, but is no longer a member of any such partnership; or

• (v)

  the student was a self‑employed person within the meaning of paragraph 12X (1) (g) in the year, but is no longer a self‑employed person; and

• (b)

  the amount mentioned in subregulation 12ZE (2) is likely to continue to be the family’s means for at least 2 years after the later of:

  • (i)

    the relevant day; and

  • (ii)

    1 January in the year of study.

“(6) This subregulation applies to a student if the student derived income mentioned in paragraph 12X (1) (e) in the last financial year ending before the year of study and has claimed, or will claim, in that year a tax deduction mentioned in that paragraph for that year or a previous year, but:

• (a)

  is no longer deriving that income; or

• (b)

  has not claimed, or will not claim, a tax deduction of that kind in the financial year ending in the year of study for that year or a previous year.

 “(7) In this regulation:

family has the meaning given by subregulation 12ZF (8).

relevant day means the day, or the last of the days, when:

• (a)

  if subparagraph 12ZEA (5) (a) (i), applies—the student ceased to have the interest; and

• (b)

  if subparagraph 12ZEA (5) (a) (ii) applies—the student ceased to derive the income; and

• (c)

  if subparagraph 12ZEA (5) (a) (iv) applies—the student ceased to be a member of the partnership; and

• (d)

  if subparagraph 12ZEA (5) (a) (v) applies—the student ceased to be a self-employed person; and

• (e)

  if paragraph 12ZEA (6) (a) applies—the student ceased to derive the income; and

• (f)

  if paragraph 12ZEA (6) (b) applies—the financial year ending in the year of study began.”.

18.   New regulation 12ZEB

18.1   After regulation 12ZEA, insert:

How does concession affect living allowance?

 “12ZEB. (1) A student who is eligible to get living allowance, or increased living allowance, because of regulation 12ZEA, can get the allowance or increased allowance from the last of:

• (a)

  the day when the student became eligible to get the allowance; and

• (b)

  if subregulation 12ZEA (2) applies—the day when the event happened; and

• (c)

  if subregulation 12ZEA (4) applies—the day when the student or family member enrolled in the course; and

• (d)

  if subregulation 12ZEA (5) applies—the relevant day.

 “(2) In this regulation:

relevant day has the meaning given by subregulation 12ZEA (7).”.

19.   Regulation 12ZF (What is not the actual means of a designated student)

19.1   Paragraph 12ZF (1) (k):

Omit “expenditure from the income of”, insert “expenditure (except expenditure already mentioned in this subregulation) from the financial resources of”.

19.2   Subregulation 12ZF (1):

Add at the end:

• “; or (n)

  expenditure or savings from any part of a lump sum compensation payment made to the student or a family member on which tax is not payable under the Income Tax Assessment Act 1936 or Income Tax Assessment Act 1997.”.

20.   Regulation 13 (Do assets affect AUSTUDY?)

20.1   Paragraph 13 (4) (b):

Omit “National Health Act 1953;”, substitute “Health Insurance Act 1973;”.

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

21.1   Subregulation 90 (4):

Omit the subregulation, substitute:

 “(4) This regulation applies only if parental income in the financial year ending in the year of study:

• (a)

  is, or is likely to be, substantially less than it was in the financial year mentioned in subregulation 86 (1); and

• (b)

  is likely to continue to remain substantially less for at least 2 years after the later of:

  • (i)

    1 January in the year of study; and

  • (ii)

    the day when the parent’s income reduced.”.

22.   Regulation 91 (Concession to the parental income test:

(c) pensions and allowances)

22.1   Subregulation 91 (1A):

Omit “National Health Act 1953.”, substitute “Health Insurance Act 1973.”.

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

23.1   Subregulation 96 (4):

Omit the subregulation, substitute:

 “(4) This regulation applies only if spouse’s income in the financial year ending in the year of study:

• (a)

  is, or is likely to be, substantially less than it was in the financial year mentioned in subregulation 94 (1); and

• (b)

  is likely to continue to remain substantially less for at least 2 years after the later of:

  • (i)

    1 January in the year of study; and

  • (ii)

    the day when the spouse’s income reduced.”.

24.   Regulation 97 (Concession to the spouse’s income test: (b) pensions and allowances)

24.1   Subregulation 97 (1A):

Omit “National Health Act 1953.”, substitute “Health Insurance Act 1973.”.

25.   Regulation 101 (How much is the fares allowance?)

25.1   Paragraph 101 (4) (b):

Omit the paragraph, substitute:

“(b) in any other case—the rate mentioned in the following table for the engine capacity of the vehicle in which the student travels:
Engine capacity of motor vehicle without rotary engine	Engine capacity of motor vehicle with rotary engine	Rate per kilometre
(cubic centimetres)	(cubic centimetres)	(cents)
up to1600	up to 800	45.7
1,601–2,600	801–1,300	51.9
over 2,600	over 1,300	53.8”.

26.   Regulation 111 (Statements about income etc)

26.1   Paragraph 111 (1) (b):

Omit the paragraph, substitute:

• “(b)

  paragraph 1314 (1) (a) or (b) of the Social Security Act 1991 and signed by an officer of the Department of Social Security; or

• (ba)

  paragraph 1314 (1) (ba) or (c) of that Act and signed by an officer of that Department; or”.

27.   New regulations 114, 115, 116 and 117

27.1   After regulation 113, insert:

References to Department

 “114.(1)Subregulation (2) applies if an arrangement between the Secretary and the CEO under section 7 of the Agency Act for the provision of Commonwealth services in relation to employment, training, education, student assistance and youth affairs is in force.

 “(2) In these Regulations:

the Department includes the Agency.

Note   The Secretary and the CEO entered into a service arrangement under s 7 of the Agency Act for the provision of Commonwealth services in relation to employment, training, education, student assistance and youth affairs on 1 July 1997. In the arrangement, the Agency is referred to as Centrelink.

References to Secretary

 “115.(1) Subregulation (2) applies if:

• (a)

  an arrangement mentioned in regulation 114 is in force; and

• (b)

  under subsection 338 (1) of the Act, the Secretary delegates all of the Secretary’s powers under the Act to the CEO.

 “(2) In these Regulations:

the Secretary  includes the CEO.

Note 1   The Secretary and the CEO entered into a service arrangement under s 7 of the Agency Act for the provision of Commonwealth services in relation to employment, training, education, student assistance and youth affairson 1 July 1997. In the arrangement, the Agency is referred to as Centrelink.

Note 2   The Secretary delegated all of the Secretary’s powers under the Act to the CEO in accordance with that arrangement on 1 July 1997.

References to Department of Social Security

 “116.(1)Subregulation (2) applies if an arrangement between the Secretary to the Department of Social Security and the CEO under section 7 of the Agency Act for the provision of Commonwealth services, including the issue of health care cards under the Health Insurance Act 1973, is in force.

 “(2)In these Regulations (except paragraph 111 (1) (b)):

the Department of Social Security includes the Agency.

Note   The Secretary to the Department of Social Security and the CEO entered into a service arrangement under s 7 of the Agency Act for the provision of Commonwealth services, including the issue of health care cards under the Health Insurance Act 1973, on 1 July 1997.

References to Secretary to Department of Social Security

 “117.(1) Subregulation (2) applies if:

• (a)

  an arrangement mentioned in regulation 116 is in force; and

• (b)

  under subsection 338 (1A) of the Act, the Secretary to the Department of Social Security delegates all of that Secretary’s powers under the Act (except sections 336 and 337 and paragraphs 355 (1) (a) and (b)) to the CEO.

 “(2) In these Regulations:

the Secretary to the Department of Social Security includes the CEO.

Note 1   The Secretary and the CEO entered into a service arrangement under s 7 of the Agency Act for the provision of Commonwealth services, including the issue of health care cards under the Health Insurance Act 1973, on 1 July 1997.

Note 2   The Secretary delegated all of the Secretary’s powers under the Act (except sections 336 and 337 and paragraphs 355 (1) (a) and (b)) to the CEO in accordance with that arrangement on 1 July 1997.

Note 3   Section 338A of the Act also deals with delegations by the Secretary to the Department of Social Security.”.

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 May 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 and 71.