AUSTUDY Regulations (Cth)
made under the
This compilation was prepared on 18 December 2003
taking into account amendments up to SR 2003 No. 347
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Division 3 Students who are excluded from getting AUSTUDY
Part 2 Special requirements for secondary students
Division 3 Progress to later years and other courses — Preliminaries
Part 4 Students with disabilities and students getting certain pensions
Part 1 The kinds of living allowance and their value
Part 2 What are the conditions for the independent living allowance?
Part 3 What are the conditions for getting the away-from-home living allowance?
Part 1 What are the conditions for getting rent assistance
Part 3 Rent assistance under the Social Security Act 1991
These Regulations may be cited as the AUSTUDY Regulations
These Regulations commence on 1 January 1991.
Note: Definitions
A list of definitions used in these Regulations is set out in regulation 113.
To get AUSTUDY a student must meet the requirements set out in this chapter as follows:
(a) secondary student: Parts 1 and 2;
(b) tertiary student: Parts 1 and 3.
(1) To get AUSTUDY, a student must be:
(a) at least 16 years old; or
(b) entitled to leave school under the law of his or her State or Territory and covered by:
(i) regulation 72 (‘Independent student: (e) orphan’); or
(ii) regulation 73 (‘Independent student: (f) parents cannot exercise responsibilities’); or
(iii) regulation 74 (‘Independent student: (g) unreasonable to live at home’); or
(iv) regulation 75 (‘Independent student: (h) refugee’); or
(v) regulation 92 (‘Concession to the parental income test: (d) students in State care’).
(1)To get AUSTUDY, a student must be taking a course that the Minister has approved for the AUSTUDY scheme under paragraph 7 (1) (c) of the
Student and Youth Assistance Act 1973 1 .(2) An approved course can be:
(a) a short course — that is a course that lasts for 30 weeks or less (including vacations); or
(b) a late starting course — that is a course that:
(i) lasts for more than 30 weeks (including vacations); and
(ii) starts after 31 March but before 1 July, or starts after 31 July; or
(c) a full year course — that is a course that lasts for more than 30 weeks (including vacations) and is not a late starting course.
Note to regulation 6
1 The Minister may approve a course that is a combination of 2 courses, for example a combined Bachelor of Arts/Bachelor of Laws
(1)Unless these Regulations provide differently, AUSTUDY can be payable from:
(a) 1 January if the student is undertaking a full year course and starts full-time study in the year before 1 July and before the start of second semester for that year; or
(b) 1 July if the course is a full year course and the student starts full-time study in the year on or after 1 July or after the start of second semester for that year; or
(c) the start of the student’s course in the year if the course is a short or late starting course and the student is not undertaking the course for a second year; or
(d) 1 January if the course is a short or late starting course and the student is undertaking the course for a second year.
(1A)If a student resumes study after discontinuing full-time study for more than 1 semester (disregarding a vacation or long vacation), AUSTUDY:
(a) is not payable to the student under paragraph (1) (a), (b) or (d), unless:
(i) the discontinuance was due to the student’s illness or other circumstances beyond his or her control; or
(ii) the student got AUSTUDY in the preceding year as a part-time student; and
(b) if paragraph (a) does not apply — is payable to the student from the start of the student’s course.
(2)This regulation applies to a student who is studying part-time as if the student were studying full-time, if the student is eligible to get AUSTUDY under Part 4 in this Chapter.
(3)For the purposes of this regulation, if an articulated short course in an articulated short course sequence can be combined with another articulated short course in the sequence, that sequence is taken to be:
(a) a full year course, if the sequence is equivalent to a full year course; and
(b) a late starting course, if the sequence is equivalent to a late starting course; or
(c) a short course, if the sequence is equivalent to a short course.
(4) In these Regulations:
articulated short course means a short course for which, together with another short course, an award or accreditation may be awarded for another approved course.
articulated short course sequence means a sequence of 2 or more articulated short courses that:
(a) is undertaken by a student in a year of study; and
(b) begins on the first day of the first course in the sequence; and
(c) ends at the end of the last day of the last course in the sequence.
Note to regulation 7
1
Full year course ,short course andlate starting course are defined in subregulation 6 (2).
(1)Unless these Regulations provide differently, for each circumstance set out in Column 1 of the following table, AUSTUDY can be payable up to the date opposite the circumstance in Column 2 of the following table:
| |
| At the end of 31 December |
| At the end of that day |
| At the end of the last day of study |
| From the beginning of the vacation |
| The day when the student becomes aware of the circumstances |
| The last day of the pay period that includes that day |
| At the end of the last day of full‑time study |
A student: | the last day of that semester |
| |
| |
Any other case | 31 December of the current year |
(2)This regulation applies to a student who is studying part-time as if the student were studying full-time, if the student is eligible to get AUSTUDY under Part 4 in this Chapter.
(3)For the purposes of this regulation, if an articulated short course in an articulated short course sequence can be combined with another articulated short course in the sequence, that sequence is taken to be:
(a) a full year course, if the sequence is equivalent to a full year course; and
(b) a late starting course, if the sequence is equivalent to a late starting course; and
(c) a short course, if the sequence is equivalent to a short course.
Note to regulation 8
1
Full year course ,short course andlate course are defined in subregulation 6 (2).
(1)AUSTUDY is payable for the period from 1 January of the year of study to when the student’s course starts in the year only if:
(a) the course is a full year course; and
(b) the student:
(i) starts full-time study in his or her course by the Friday of the second week of classes in the first term or semester; or
(ii) was prevented by illness or circumstances beyond his or her control from starting on time; or
(iii) in the case of a secondary student — the school has approved the absence of the student; and
(c) the student is entitled to get AUSTUDY for the first day on which he or she starts to undertake his or her course in the year.
(2)This regulation applies to a student who is studying part-time as if the student were studying full-time, if the student is eligible to get AUSTUDY under Part 4 in this Chapter.
Note to regulation 9
1 The circumstances in which AUSTUDY is paid from the end of the academic year to the end of the calendar year are set out in items (a) (i) and (f) of the table in regulation 8.
(1)AUSTUDY is payable for a vacation (other than the long vacation
1 ) only if:
(a) the student:
(i) is undertaking a full year course
2 and starts study full‑time again by the Friday of the second week of classes in the term or semester immediately after the vacation; or(ii) is undertaking a short course or a late starting course
2 and starts full-time study again on the day immediately after the vacation; or(b) the student:
(i) starts full-time study again in the term or semester at some later time; and
(ii) was prevented by illness or circumstances beyond his or her control from starting on time, or the school has approved the absence in the case of a secondary student.
(2)This regulation applies to a student who is studying part-time as if the student were studying full-time, if the student is eligible to get AUSTUDY under Part 4 in this Chapter.
Notes to regulation 10
1 For the long vacation, see regulation 9.
2
Full year course ,short course andlate starting course are defined in subregulation 6 (2).
(1)A secondary student who attends a school can continue to get AUSTUDY for a period of absence if the school approves the absence.
(2)Any other secondary student or a tertiary student can continue to get AUSTUDY for a period while not undertaking his or her course because of illness or injury if:
(a) the student remains enrolled in the course for the whole of the period; and
(b) a registered medical practitioner gives a certificate stating:
(i) the nature of the illness or injury; and
(ii) that the student cannot study because of the illness or injury; and
(iii) that the student is likely to be able to resume study within 16 weeks; and
(c) the certificate is lodged with the Department within a reasonable time.
(3)But if the period referred to in subsection (2) lasts more than 8 weeks, then the student can continue to get AUSTUDY only if:
(a) the academic registrar of the institution offering the course, or an equivalent officer, states in writing that the student will be able to resume full-time study at the end of the period mentioned in the medical practitioner’s certificate; and
(b) this statement is lodged with the Department within a reasonable time.
(4)A student cannot get AUSTUDY under subregulation (2) for more than 16 weeks in one year.
(5)This regulation applies to a student who is studying part-time as if the student were studying full-time, if the student is eligible to get AUSTUDY under Part 4 in this Chapter.
(1)Unless these Regulations provide differently, a student can continue to get AUSTUDY for a period between completing or otherwise discontinuing a course and starting a new course, if:
(a) the student gets AUSTUDY for both:
(i) the last day in the former course; and
(ii) the first day in the new course; and
(b) the student starts in the new course:
(i) within 28 days; or
(ii) later than that because of circumstances beyond the student’s control but as soon as those circumstances stop applying; and
(c) the student starts in the same year in which he or she completed or discontinued study in the former course.
(2)Unless these Regulations provide differently, a student can continue to get AUSTUDY for a period between discontinuing a course at one institution and starting it at a different institution, if:
(a) the student gets AUSTUDY for both:
(i) the last day at the former institution; and
(ii) the first day at the new institution; and
(b) the student starts at the new institution:
(i) within 28 days; or
(ii) later than that because of circumstances beyond the student’s control but as soon as those circumstances stop applying; and
(c) the student starts in the same year in which he or she completed or discontinued study at the former institution.
(1)Subject to subregulation (2), AUSTUDY is paid fortnightly to a student.
(2)AUSTUDY is paid to a parent of the student, if:
(a) the student is undertaking a secondary course at a secondary school; and
(b) the student has not turned 18; and
(c) the student’s entitlement to living allowance:
(i) is calculated taking account of the parent’s income; or
(ii) would be calculated taking account of the parent’s income, if regulation 98 (‘Can students with pensions get AUSTUDY?’) did not apply; and
(d) the student usually lives with the parent during the academic year.
(3)A parent of the student may request the Department in writing to pay AUSTUDY to the student if:
(a) paragraphs (2) (a), (b) and (c) apply to the student; and
(b) the student lives at the home of either of his or her parents, except during the academic year when he or she boards away from home.
(4)The Department must pay AUSTUDY to a student whose parent makes a request in accordance with subregulation (3).
(5)Subregulations (2), (3) and (4) do not apply if:
(a) the student qualifies as independent under regulation 67 (‘Who gets the independent rate?’); or
(b) paragraph 92 (1) (a), (b) or (c) (‘Concession to the parental income test: (d) students in State care’) applies to the student, unless:
(i) a State or Territory welfare authority; or
(ii) an organisation approved in writing by a State or Territory welfare authority to arrange for foster care for the student;
has advised the Department in writing that it would be in the best interests of the student for AUSTUDY to be paid to the parent; or
(c) there are reasonable grounds for believing that AUSTUDY payments would not be applied to the support of the student.
(1) An AUSTUDY payment comprises:
(a) pensioner education supplement, in accordance with regulation 98; or
(b) living allowance, in accordance with subregulation (2) or (3).
(2)Subject to subregulation (3), the amount of living allowance that a student is entitled to receive in a payment is the amount determined by the following formula:
where:
days entitled means the number of days in the previous fortnight that are days for which the student is entitled to get AUSTUDY; and
entitlement for the year means the amount of living allowance that, on the basis of information available to the Department at the time the payment is made, is the total amount that the student is expected to be entitled to be paid in the calendar year in which the payment is made; and
number of days of eligibility means:
(a) the number of days in the year; or
(b) if the student is expected to be eligible for living allowance for a period of less than a year — the number of days in the lesser period.
(3)If, under regulation 12C, a student’s entitlement is determined in respect of a period of less than a year, the amount of living allowance in a payment is the amount determined by the following formula:
where:
days entitled means the number of days in the fortnight immediately preceding the payment that are days for which the student is entitled to get AUSTUDY; and
entitlement for the period means the amount of living allowance that, on the basis of information available to the Department at the time the payment is made, is the total amount that the student is expected to be entitled to be paid in the period to which the determination applies; and
number of days of eligibility means the number of days in the period to which the determination applies.
If information received by the Department under the Act or the Regulations indicates that the expectation of entitlement to living allowance relied on for a determination of entitlement under regulation 12B is not correct, the Secretary may make a further determination under regulation 12B that:
(a) amends the existing determination; or
(b) replaces the existing determination in respect of so much of the student’s period of entitlement as remains in the year.
Note to regulation 12C
1 Part 6 of the
Student and Youth Assistance Act 1973 makes provision in respect ofstudent assistance overpayments , including a power to deduct amounts from future AUSTUDY payments if that is considered appropriate.
If the Department determines that an AUSTUDY payment to a student, or to a parent of a student for the student, is less than the amount to which that person is entitled, an amount equal to the difference between the entitlement and the amount paid to the person must be added as soon as practicable to a fortnightly AUSTUDY payment to the person.
If, in a year, the total of the AUSTUDY payments made to a student, or to a parent of a student for the student, under determinations of entitlement is greater than the amount that would have been payable if, when the first of the determinations was made:
(a) all information relevant to the student’s entitlement at any time in the year had been known to the Department; and
(b) acting on that information, the Department had correctly determined the student’s entitlement for the whole year;
an amount equal to the difference between the total amount paid and the amount that would have been properly payable under paragraph (b) is taken to be a student assistance overpayment for the purposes of Part 6 of the Act.
(1) In these Regulations unless the contrary intention appears:
business :
(a) includes:
(i) the carrying on of primary production; and
(ii) the provision of professional services; and
(iii) the earning of income as a rentier; but
(b) does not include employment, whether or not the employment is remunerated by salary or wages.
loan includes:
(a) a transaction (whatever its terms or form) that gives substantial effect to an advance of money; and
(b) the provision of credit or another form of financial accommodation; and
(c) the payment of an amount to or for a person who is obliged (whether explicitly or implicitly) to repay the amount.
net passive business loss means the amount by which the total amount of losses or outgoings, which are or will be deductible under theIncome Tax Assessment Act 1936 or theIncome Tax Assessment Act 1997 because they were necessarily incurred in relation to a passive business, exceeds any gross income from the business.
passive business , for a person, means a business in relation to which the person is usually engaged for less than 17.5 hours in a week.
(2) In this Division:
AIC scheme means the Commonwealth scheme known as the Assistance for Isolated Children scheme.
arm’s length loan means a loan, by a person or body whose usual business is to make loans to members of the public, to:
(a) a designated parent for regulation 12K or a member of his or her family for subregulation 12N (5); or
(b) a designated spouse for regulation 12R or a member of his or her family for subregulation 12U (5); or
(c) the spouse of a designated student for regulation 12X or a member of his or her family for subregulation 12ZA (8); or
(d) a designated student for regulation 12ZC or a member of his or her family for subregulation 12ZF (8).
income assistance means:
(a) a payment under:
(i) Part 2 or 4A of the Act; or
(ii) the scheme known as the ABSTUDY scheme; or
(iii) the AIC scheme; or
(b) a payment under a scholarship; or
(c) the amount (that is exempt from income tax under Division 1AA of Part 3 of the
Income Tax Assessment Act 1936 or Subdivision 52-A, 52-B or 52-C of theIncome Tax Assessment Act 1997 ) of a payment:
(i) under the
Veterans’ Entitlements Act 1986 ; or(ii) under the
Social Security Act 1991 , except a Family Tax Payment under Part 2.17AA of that Act; or(d) a payment by a State or Territory, or a State or Territory authority, to assist the primary, secondary or tertiary education of a student.
interest , in relation to a trust:
(a) includes:
(i) the interest of a settlor in property subject to the trust; and
(ii) a power of appointment under the trust; and
(iii) a power to rescind or vary a provision of, or the effect of the exercise of a power under, the trust; and
(iv) an interest that is conditional, contingent or deferred; but
(b) does not include the interest of a person as:
(i) an agent or creditor of the trustee; or
(ii) a person employed by the trustee.
savings has the meanings given by regulation 12FA.
trust does not include:
(a) a trust in relation to an account held in a bank or other financial institution only for the benefit of a dependent child of the trustee; or
(b) a trust under which property of the estate of a deceased person, or a person who is insolvent under administration, is distributed; or
(c) a trust in relation to a superannuation fund within the meaning of the
Superannuation Industry (Supervision) Act 1993 that is not an excluded fund within the meaning of that Act; or(d) a public unit trust in which units are held by 50 or more persons who are not members of the trustee’s family, or are offered for subscription or purchase to the public; or
(e) the trust for a trust account that the trustee is required by a law to establish; or
(f) a charitable trust; or
(g) a trust created by operation of law.
(1) The savings of a person (the ‘principal’), or a member (a ‘family member’) of his or her family (within the meaning of the Subdivision of this Division applying to the person), include an amount mentioned in any provision of this regulation that applies to the principal or family member.
(2) The savings of the principal or family member include the amount of his or her share in any profit retained by a company of which he or she is a director or shareholder who has a substantial influence over whether company profit is distributed to:
(a) the principal or a family member; or
(b) another company, or a partnership or trust, in which he or she has an interest.
(3) However, if the principal’s savings include an amount under subregulation (2), the principal’s savings also include the share of any family member in any profit retained by the company.
(4) Also, if a family member’s savings include an amount under subregulation (2), the family member’s savings also include the share of the principal and any other family member in any profit retained by the company.
(5) The savings of the principal or family member include the amount of his or her share in any profit retained by a partnership of which he or she is a member who has a substantial influence over whether partnership profit is distributed to:
(a) the principal or a family member; or
(b) another partnership, or a company or trust, in which he or she has an interest.
(6) However, if a principal’s savings include an amount under subregulation (5), the principal’s savings also include the share of any family member in any profit retained by the partnership.
(7) Also, if a family member’s savings include an amount under subregulation (5), the family member’s savings also include the share of the principal and any other family member in any profit retained by the partnership.
(8)The savings of the principal or family member include the amount of any undistributed trust profit attributable to him or her under a trust or, if no amount is so attributable, the total amount of any undistributed trust profit, if he or she is a trustee or beneficiary of the trust who has:
(a) a power of appointment under the trust; or
(b) a power to rescind or vary a provision of, or the effect of the exercise of a power under, the trust; or
(c) a substantial influence over whether trust profit is distributed to:
(i) the principal or a family member; or
(ii) another trust, or a company or partnership, in which he or she has an interest.
(9) However, if a principal’s savings include an amount under subregulation (8), the principal’s savings also include the share of any family member in any undistributed trust profit attributable to him or her under the trust.
(10) Also, if a family member’s savings include an amount under subregulation (8), the family member’s savings also include the share of the principal and any other family member in any undistributed trust profit attributable to him or her under the trust.
(1A)This Division applies only to applications for AUSTUDY for a period starting on or after 1 January 1996.
(1)This Division does not apply to a student:
(a) described in regulation 92; or
(b) while the parent or spouse of the student receives exceptional circumstances relief payment.
(2)For paragraph (1) (b), if, in a year of study, a parent’s or spouse’s entitlement to exceptional circumstances relief payment ends, the parent or spouse is taken to receive the payment until the end of the year.
(3) In these Regulations:
exceptional circumstances relief payment means:
(a) exceptional circumstances relief payment under the
Farm Household Support Act 1992 ; or(b) drought relief payment under that Act as in force immediately before the commencement of the
Farm Household Support Amendment (Restart and Exceptional Circumstances) Act 1997 .
Subdivision B Actual means test: designated parent
This Subdivision applies to a student who:
(a) has a parent who is a designated parent within the meaning of regulation 12K; and
(b) qualifies for:
(i) the away-from-home living allowance under regulation 77; or
(ii) the standard living allowance under regulation 61.
(1) A parent is a designated parent if subregulation 85 (2) applies to the parent and he or she:
(a) within 10 years before 1 January in the year of study, first entered Australia under a permanent visa or entry permit within the meaning of the
Migration Act 1958 for the grant of which a criterion or requirement was that the person demonstrate skills in business; or(b) has an interest (the value of which is $2,500 or more) in assets outside Australia and its external territories; or
(c) in the last financial year ending before the year of study, had an interest in a proprietary company, an unlisted public company or a trust; or
(d) in the last financial year ending before the year of study, derived income of $2,500 or more from a source outside Australia and its external territories, except Norfolk Island, that does not consist only of income from a pension or similar payment that was income of the parent for Part 5 of Chapter 4; or
(e) in the last financial year ending before the year of study, derived income from a salary or wage and has claimed, or will claim, a tax deduction for a business loss (whether for that year or a previous year) that does not consist only of a net passive business loss; or
(f) in the last financial year ending before the year of study, was a member of a partnership; or
(g) in the last financial year ending before the year of study, was a self-employed person (except a self-employed person who was wholly or mainly engaged in a primary production business owned by the person).
(2) In paragraph (1) (g):
self-employed person means a person who works for gain or reward other than under a contract of employment or apprenticeship, whether or not the person employs 1 or more other persons.
(1) A student who has a designated parent is not entitled to living allowance in a year of study unless the details of the actual means of the parent under subregulation 12M (1) or (2) for the relevant financial year supplied by or for the student in relation to the student’s application for AUSTUDY are materially correct.
(2) However, if the Secretary considers that an amount of expenditure by the designated parent, or a family member, that is reported to the Secretary in relation to the application for AUSTUDY does not represent fair market value:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be the amount of the expenditure by the parent or a family member.
(3) Also, if the Secretary considers that expenditure by a person (except the designated parent or a family member) is expenditure for the benefit of the parent or a family member:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be expenditure by the parent or a family member.
(4) In this regulation:
family has the meaning given by subregulation 12N (5).
(1)The actual means of a designated parent for the year of study is taken to be the amount that equates to total expenditure by, and savings of, the parent and each member of his or her family (a ‘family member’) in the last financial year ending before the year of study.
(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).
(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.
(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).
(1)For subregulations 12M (1) and (2), the actual means of a designated parent for the relevant financial year does not include:
(a) expenditure or savings from any income assistance to the parent or a member of his or her family (a ‘family member’) in the relevant financial year; or
(b) expenditure by the parent or his or her spouse for the maintenance of:
(i) a child of the parent or spouse if the parent or spouse does not have responsibility for the day-to-day care, welfare and development of the child; or
(ii) a former spouse of the parent or spouse; or
(c) if the parent or a family member incurred expenditure in the relevant financial year in boarding away from home a family member who qualified for the boarding allowance under the AIC scheme — the lesser of:
(i) the amount of the expenditure; and
(ii) $5,274 less the amount of the boarding allowance; or
(d) if the parent or a family member incurred expenditure in the relevant financial year in boarding away from home a family member who qualified for the away-from-home living allowance under subregulation 77 (1) — the lesser of:
(i) the amount of the expenditure; and
(ii) $5,274 less the amount of the secondary student’s after tax income compensation; or
(e) if the parent or a family member is a person with a disability — expenditure by the parent or family member to acquire, or modify, property for the person to assist him or her to overcome the disability; or
(f) expenditure or savings from any arm’s length loan made to the parent or a family member in the relevant financial year; or
(g) expenditure to repay the principal or interest in relation to any loan made to the parent or a family member in the relevant financial year that is not an arm’s length loan; or
(h) expenditure, not otherwise mentioned in this subregulation, that equates to the amount of any reduction in the relevant financial year of liquid assets of the parent or a family member at the beginning of that year; or
(i) expenditure, and any increase in savings, of the parent or a family member from the proceeds of any liquidation in the relevant financial year of assets of the parent or family member at the beginning of that year; or
(j) expenditure or savings from the amount of any windfall gain in the relevant financial year of the parent or a family member that is not a gift to the parent or family member; or
(k) expenditure (except expenditure already mentioned in this subregulation) from the financial resources of any business of the parent or a family member that equates to the amount that was or will be deductible under the
Income Tax Assessment Act 1936 orIncome Tax Assessment Act 1997 because the expenditure was or will be necessarily incurred in carrying on the business; or(l) expenditure or savings of not more than $6,000 from any pay and allowances that are mentioned in paragraph 23 (s) of the
Income Tax Assessment Act 1936 , or item 1.4 of section 51-5 of theIncome Tax Assessment Act 1997 , and paid to the parent or family member in the relevant financial year; or(m) expenditure or savings of not more than $6,000 from any income in the relevant financial year from independent employment by each family member described in paragraph (d) of the definition of
family in subregulation (5); 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 orIncome Tax Assessment Act 1997 .
(1A) However, paragraph (1) (k) does not apply to:
(a) expenditure by the designated parent or a family member that equates to the total amount of any losses from the business that are carried forward from the preceding financial year; and
(b) expenditure by the parent or a family member that equates to the amount of the contribution to a superannuation fund in relation to the business that exceeds:
(i) for a person employed in the business — the minimum contribution for the employee under the
Superannuation Guarantee (Administration) Act 1992 ; or(ii) for the parent or a family member engaged in the business other than as an employee — the lesser of $3,000 and the total amount of the contributions for the parent and each family member for the relevant financial year.
(1B)For subparagraph (1) (d) (ii), the after tax income compensation of a secondary student is calculated using the following formula:
where:
AT1 is the amount of the after tax income of the student’s designated parent calculated using the following formula:[(PI + DC) – (T + M)] + FP + FTI
where:
PI is the minimum income of the parent at which on a notional application of the parental income test the student becomes ineligible to get the away-from-home living allowance.
DC is the total amount of any deductions for children of the parent that would be applicable under regulation 87.
T is the amount of income tax, before any rebates, without regard to any increase in the tax free threshold because of section 20C or 20D of theIncome Tax Rates Act 1986 , that would be notionally payable by the parent for the relevant financial year if his or her income werePI + DC .
M is the amount of Medicare levy that would be notionally payable by the parent for the relevant financial year if his or her income werePI + DC if:
(a) each child of the parent mentioned in paragraph (b) or (d) of the definition of
family in subregulation (5) who were under 25 had no separate net income within the meaning of subsection 159J (6) of theIncome Tax Assessment Act 1936 ; and(b) each child of the parent mentioned in paragraph (c) of that definition also had no separate net income.
FP is the total amount of any family payments at the basic rate that could be paid under Part 2.17 of theSocial Security Act 1991 for children of the parent who have not turned 16.
FTI is:
(a) for an application for AUSTUDY for 1998 to which subregulation 12M (1) applies — 20% of the amount calculated under subsection 20C (1) of the
Income Tax Rates Act 1986 ; and(b) for any other application for AUSTUDY — 20% of the amount calculated under subsection 20C (2) of that Act;
without regard to section 20K of that Act; and
AT2 is the notional amount of AT1 calculated as if the student were getting the standard living allowance; and
N is the number of secondary students in the parent’s family who qualify for the away-from-home living allowance.(5) In this regulation:
family , in relation to a parent, means only the following persons:
(a) the parent’s spouse (if any), being a person:
(i) to whom the parent is married and from whom the parent is not separated; or
(ii) with whom the parent lives in a de facto relationship;
(b) the student;
(c) a person aged less than 16 years who:
(i) is a natural or adopted child of the parent; or
(ii) is wholly or substantially dependent on the parent;
(d) a person of the kind described in subparagraph (c) (i)
or (ii) aged 16 years or more who:
(i) is undertaking full-time study; and
(ii) is not taken to be independent under regulation 67; and
(iii) is not in the guardianship, care or custody of a court, Minister or Department; and
(iv) is not the subject of a current direction of a court, Minister or Department placing him or her in the guardianship, care or custody of someone who is not the person’s natural or adoptive parent.
independent employment means employment engaged in by a person that is not provided by:
(a) a member of the person’s family; or
(b) a proprietary company, an unlisted public company, a partnership or trust, in which the person, or a member of his or her family has an interest.
relevant financial year means:
(a) in relation to subregulation 12M (1) — the last financial year ending before the year of study; and
(b) in relation to subregulation 12M (2) — the financial year ending in the year of study.
Subdivision C Actual means test: designated spouse
This Subdivision applies to a student who:
(a) has a spouse who is a designated spouse, within the meaning of regulation 12R; and
(b) qualifies for the independent living allowance under regulation 67.
Note to regulation 12Q
1
(1)A spouse is a designated spouse if subregulation 93 (2) applies to the spouse and he or she:
(a) within 10 years before 1 January in the year of study, first entered Australia under a permanent visa or entry permit within the meaning of the
Migration Act 1958 for the grant of which a criterion or requirement was that the person demonstrate skills in business; or(b) has an interest (the value of which is $2,500 or more) in assets outside Australia and its external territories; or
(c) in the last financial year ending before the year of study, had an interest in a proprietary company, an unlisted public company or a trust; or
(d) in the last financial year ending before the year of study, derived income of $2,500 or more from a source outside Australia and its external territories, except Norfolk Island, that does not consist only of income from a pension or similar payment that was income of the spouse for Part 6 of Chapter 4; or
(e) in the last financial year ending before the year of study, derived income from a salary or wage and has claimed, or will claim, a tax deduction for a business loss (whether for that year or a previous year) that does not consist only of a net passive business loss; or
(f) in the last financial year ending before the year of study, was a member of a partnership; or
(g) in the last financial year ending before the year of study, was a self-employed person (except a self-employed person who was wholly or mainly engaged in a primary production business owned by the person).
(2) In paragraph (1) (g):
self-employed person means a person who works for gain or reward other than under a contract of employment or apprenticeship, whether or not the person employs 1 or more other persons.
(1) A student who has a designated spouse is not entitled to living allowance in a year of study unless the details of the actual means of the spouse under subregulation 12T (1) or (2) for the relevant financial year supplied by or for the student in relation to the student’s application for AUSTUDY are materially correct.
(2) However, if the Secretary considers that an amount of expenditure by the designated spouse, or a family member, that is reported to the Secretary in relation to the application for AUSTUDY does not represent fair market value:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be the amount of the expenditure by the spouse or a family member.
(3) Also, if the Secretary considers that expenditure by a person (except the designated spouse or a family member) is expenditure for the benefit of the spouse or a family member:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be expenditure by the spouse or a family member.
(4) In this regulation:
family has the meaning given by subregulation 12U (5).
(1)The actual means of a designated spouse for the year of study is taken to be the amount that equates to total expenditure by, and savings of, the spouse and each member of his or her family (a ‘family member’) in the last financial year ending before the year of study.
(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).
(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.
(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).
(1)For subregulations 12T (1) and (2), the actual means of a designated spouse of a student for the relevant financial year does not include:
(a) expenditure or savings from any income assistance to the spouse or a member of his or her family (a ‘family member’) in the relevant financial year; or
(b) expenditure by the spouse or student for the maintenance of:
(i) a child of the spouse or student if the spouse or student does not have responsibility for the day-to-day care, welfare and development of the child; or
(ii) a former spouse of the spouse or student; or
(c) if the spouse or a family member incurred expenditure in the relevant financial year in boarding away from home a family member who qualified for the boarding allowance under the AIC scheme — the lesser of:
(i) the amount of the expenditure; and
(ii) $5,274 less the amount of the boarding allowance; or
(d) if the spouse or a family member incurred expenditure in the relevant financial year in boarding away from home a family member who qualified for the away-from-home living allowance under subregulation 77 (1) — the lesser of:
(i) the amount of the expenditure; and
(ii) $5,274 less the amount of the secondary student’s after tax income compensation; or
(e) if the spouse or a family member is a person with a disability — expenditure by the spouse or family member to acquire, or modify, property for the person to assist him or her to overcome the disability; or
(f) expenditure or savings from any arm’s length loan made to the spouse or a family member in the relevant financial year; or
(g) expenditure to repay the principal or interest in relation to any loan made to the spouse or a family member in the relevant financial year that is not an arm’s length loan; or
(h) expenditure, not otherwise mentioned in this sub-regulation, that equates to the amount of any reduction in the relevant financial year of liquid assets of the spouse or a family member at the beginning of that year; or
(i) expenditure, and any increase in savings, of the spouse or a family member from the proceeds of any liquidation in the relevant financial year of assets of the spouse or family member at the beginning of that year; or
(j) expenditure or savings from the amount of any windfall gain in the relevant financial year of the spouse or a family member that is not a gift to the spouse or family member; or
(k) expenditure (except expenditure already mentioned in this subregulation) from the financial resources of any business of the spouse or a family member that equates to the amount that was or will be deductible under the
Income Tax Assessment Act 1936 orIncome Tax Assessment Act 1997 because the expenditure was or will be necessarily incurred in carrying on the business; or(l) expenditure or savings of not more than $6,000 from any pay and allowances that are mentioned in paragraph 23 (s) of the
Income Tax Assessment Act 1936 , or item 1.4 of section 51-5 of theIncome Tax Assessment Act 1997 , and paid to the spouse or a family member in the relevant financial year; or(m) expenditure or savings of not more than $6,000 from any income in the relevant financial year from independent employment by each family member described in paragraph (a) or (c) of the definition of
family in subregulation (5); 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 orIncome Tax Assessment Act 1997 .
(1A) However, paragraph (1) (k) does not apply to:
(a) expenditure by the spouse or a family member that equates to the total amount of any losses from the business that are carried forward from the preceding financial year; and
(b) expenditure by the spouse or a family member that equates to the amount of the contribution to a superannuation fund in relation to the business that exceeds:
(i) for a person employed in the business — the amount of the minimum contribution for the employee under the
Superannuation Guarantee (Administration) Act 1992 ; or(ii) for the spouse or a family member engaged in the business other than as an employee — the lesser of $3,000 and the total amount of the contributions for the spouse and each family member for the relevant financial year.
(1B) For subparagraph (1) (d) (ii), the after tax income compensation of a secondary student is calculated using the following formula:
where:
AT1 is the amount of the after tax income of the student’s designated spouse calculated using the following formula:where:
PI is the minimum income of the spouse at which on a notional application of the spouse income test the student becomes ineligible to get the away-from-home living allowance.
DC is the total amount of any deductions for children of the spouse that would be applicable under subregulation 94 (2A).
T is the amount of income tax, before any rebates, without regard to any increase in the tax free threshold because of section 20C or 20D of theIncome Tax Rates Act 1986 , that would be notionally payable by the spouse for the relevant financial year if his or her income werePI + DC .
M is the amount of Medicare levy that would be notionally payable by the spouse for the relevant financial year if his or her income werePI + DC if:
(a) each child of the spouse mentioned in paragraph (c) of the definition of
family in subregulation (5) who were under 25 had no separate net income within the meaning of subsection 159J (6) of theIncome Tax Assessment Act 1936 ; and(b) each child of the spouse mentioned in paragraph (b) of that definition also had no separate net income.
FP is the total amount of any family payments at the basic rate that could be paid under Part 2.17 of theSocial Security Act 1991 for children of the spouse who have not turned 16.
FTI is:
(a) for an application for AUSTUDY for 1998 to which subregulation 12T (1) applies — 20% of the amount calculated under subsection 20C (1) of the
Income Tax Rates Act 1986 ; and(b) for any other application for AUSTUDY — 20% of the amount calculated under subsection 20C (2) of that Act;
without regard to section 20K of that Act; and
AT2 is the notional amount of AT1 calculated as if the student were getting the standard living allowance; and
N is the number of secondary students in the spouse’s family who qualify for the away-from-home living allowance.
(5) In this regulation:
family , in relation to a spouse, means only the following persons:
(a) the student;
(b) a person aged less than 16 years who:
(i) is a natural or adopted child of the spouse; or
(ii) is wholly or substantially dependent on the spouse;
(c) a person of the kind described in subparagraph (c) (i)
or (ii) aged 16 years or more who:
(i) is undertaking full time study; and
(ii) is not taken to be independent under regulation 67; and
(iii) is not in the guardianship, care or custody of a court, Minister or Department; and
(iv) is not the subject of a current direction of a court, Minister or Department placing him or her in the guardianship, care or custody of someone who is not the person’s natural or adoptive parent.
independent employment means employment engaged in by a person that is not provided by:
(a) a member of the person’s family; or
(b) a proprietary company, an unlisted public company, a partnership or trust, in which the person, or a member of his or her family has an interest.
relevant financial year means:
(a) in relation to subregulation 12T (1) — the last financial year ending before the year of study; and
(b) in relation to subregulation 12T (2) — the financial year ending in the year of study.
Subdivision D Actual means test: designated student with a spouse
This Subdivision applies to a student who:
(a) is a designated student within the meaning of regulation 12X; and
(b) has a spouse (other than a spouse who is a designated spouse within the meaning of regulation 12R); and
(c) qualifies for the independent living allowance under regulation 67.
(1) A student is a designated student if the student:
(a) within 10 years before 1 January in the year of study, first entered Australia under a permanent visa or entry permit within the meaning of the
Migration Act 1958 for the grant of which a criterion or requirement was that the person demonstrate skills in business; or(b) has an interest (the value of which is $2,500 or more) in assets outside Australia and its external territories; or
(c) in the last financial year ending before the year of study, had an interest in a proprietary company, an unlisted public company or a trust; or
(d) in the last financial year ending before the year of study, derived income of $2,500 or more from a source outside Australia and its external territories, except Norfolk Island, that does not consist only of income from a pension or similar payment that was income of the student for Part 4 of Chapter 4; or
(e) in the last financial year ending before the year of study, derived income from a salary or wage and has claimed, or will claim, a tax deduction for a business loss (whether for that year or a previous year) that does not consist only of a net passive business loss; or
(f) in the last financial year ending before the year of study, was a member of a partnership; or
(g) in the last financial year ending before the year of study, was a self-employed person (except a self-employed person who was wholly or mainly engaged in a primary production business owned by the person).
(2) In paragraph (1) (g):
self-employed person means a person who works for gain or reward other than under a contract of employment or apprenticeship, whether or not the person employs 1 or more other persons.
(1) A designated student who has a spouse is not entitled to living allowance in a year of study unless the details of the actual means of the spouse under subregulation 12Z (1) or (2) for the relevant financial year supplied by or for the student in relation to the student’s application for AUSTUDY are materially correct.
(2) However, if the Secretary considers that an amount of expenditure by the spouse of a designated student, or a family member of the spouse, that is reported to the Secretary in relation to the application for AUSTUDY does not represent fair market value:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be the amount of the expenditure by the spouse or a family member.
(3) Also, if the Secretary considers that expenditure by a person (except the spouse of a designated student or a family member) is expenditure for the benefit of the spouse or a family member:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be expenditure by the spouse or a family member.
(4) In this regulation:
family has the meaning given by subregulation 12ZA (8).
(1)The actual means of the spouse of a designated student for the year of study is taken to be the amount that equates to total expenditure by, and savings of, the spouse and each member of his or her family (a ‘family member’) in the last financial year ending before the year of study.
(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).
(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.
(1)For subregulations 12Z (1) and (2), the actual means of a spouse of a designated student for the relevant financial year does not include:
(a) expenditure or savings from any income assistance to the spouse or a member of his or her family (a ‘family member’) in the relevant financial year; or
(b) expenditure by the spouse or student for the maintenance of:
(i) a child of the spouse or student if the spouse or student does not have responsibility for the day-to-day care, welfare and development of the child; or
(ii) a former spouse of the spouse or student; or
(c) if the spouse or a family member incurred expenditure in the last financial year ending before the year of study in boarding away from home a family member who qualified for the boarding allowance under the AIC scheme — the lesser of:
(i) the amount of the expenditure; and
(ii) $5,274 less the amount of the boarding allowance; or
(d) if the spouse or a family member incurred expenditure in the last financial year ending before the year of study in boarding away from home a family member who qualified for the away-from-home living allowance under subregulation 77 (1) — the lesser of:
(i) the amount of the expenditure; and
(ii) $5,274 less the amount of the secondary student’s after tax income compensation; or
(e) if the spouse or a family member is a person with a disability — expenditure by the spouse or family member to acquire, or modify, property for the person to assist him or her to overcome the disability; or
(f) expenditure or savings from any arm’s length loan made to the spouse or a family member in the relevant financial year; or
(g) expenditure to repay the principal or interest in relation to any loan made to the spouse or a family member in the relevant financial year that is not an arm’s length loan; or
(h) expenditure, not otherwise mentioned in this subregulation, that equates to the amount of any reduction in the relevant financial year of liquid assets of the spouse or a family member at the beginning of that year; or
(i) expenditure, and any increase in savings, of the spouse or a family member from the proceeds of any liquidation in the relevant financial year of assets of the spouse or family member at the beginning of that year; or
(j) expenditure or savings from the amount of any windfall gain in the relevant financial year of the spouse or a family member that is not a gift to the spouse or family member; or
(k) expenditure (except expenditure already mentioned in this subregulation) from the financial resources of any business of the spouse or a family member that equates to the amount that was or will be deductible under the
Income Tax Assessment Act 1936 or theIncome Tax Assessment Act 1997 because the expenditure was or will be necessarily incurred in carrying on the business; or(l) expenditure or savings of not more than $6,000 from any pay and allowances that are mentioned in paragraph 23 (s) of the
Income Tax Assessment Act 1936 , or item 1.4 of section 51-5 of theIncome Tax Assessment Act 1997 , and paid to the spouse or a family member in the relevant financial year; or(m) expenditure or savings of not more than $6,000 from any income in the relevant financial year from independent employment by each family member described in paragraph (a) or (c) of the definition of
family in subregulation (8); 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 orIncome Tax Assessment Act 1997 .
(2) However, paragraph (1) (k) does not apply to:
(a) expenditure by the spouse or a family member that equates to the total amount of any losses from the business that are carried forward from the preceding financial year; and
(b) expenditure by the spouse or a family member that equates to the amount of the contribution to a superannuation fund in relation to the business that exceeds:
(i) for a person employed in the business — the minimum contribution for the employee under the
Superannuation Guarantee (Administration) Act 1992 ; or(ii) for the spouse or a family member engaged in the business other than as an employee — the lesser of $3,000 and the total amount of the contributions for the spouse and each family member for the relevant financial year.
(3) For subparagraph (1) (d) (ii), the after tax income compensation of a secondary student is calculated using the following formula:
where:
AT1 is the amount of the after tax income of the designated student’s spouse calculated using the following formula:where:
PI is the minimum income of the spouse at which on a notional application of the spouse income test the student becomes ineligible to get the away-from-home living allowance.
DC is the total amount of any deductions for children of the spouse that would be applicable under subregulation 94 (2A).
T is the amount of income tax, before any rebates, without regard to any increase in the tax free threshold because of section 20C or 20D of theIncome Tax Rates Act 1986 , that would be notionally payable by the spouse for the relevant financial year if his or her income werePI + DC .
M is the amount of Medicare levy that would be notionally payable by the spouse for the relevant financial year if his or her income werePI + DC if:
(a) each child of the spouse mentioned in paragraph (c) of the definition of
family in subregulation (8) who were under 25 had no separate net income within the meaning of subsection 159J (6) of theIncome Tax Assessment Act 1936 ; and(b) each child of the spouse mentioned in paragraph (b) of that definition also had no separate net income.
FP is the total amount of any family payments at the basic rate that could be paid under Part 2.17 of theSocial Security Act 1991 for children of the spouse who have not turned 16.
FTI is:
(a) for an application for AUSTUDY for 1998 to which sub-regulation 12Z (1) applies — 20% of the amount calculated under subsection 20C (1) of the
Income Tax Rates Act 1986 ; and(b) for any other application for AUSTUDY — 20% of the amount calculated under subsection 20C (2) of that Act;
without regard to section 20K of that Act; and
AT2 is the notional amount AT1 calculated as if the student were getting the standard living allowance; and
N is the number of secondary students in the spouse’s family who qualify for the away-from-home living allowance.(8) In this regulation:
family , in relation to the spouse of a designated student, means only the following persons:
(a) the designated student;
(b) a person aged less than 16 years who:
(i) is a natural or adopted child of the spouse or student; or
(ii) is wholly or substantially dependent on the spouse or student;
(c) a person of the kind described in subparagraph (b) (i) or (ii) aged 16 years or more who:
(i) is undertaking full-time study; and
(ii) is not taken to be independent under regulation 67; and
(iii) is not in the guardianship, care or custody of a court, Minister or Department; and
(iv) is not the subject of a current direction of a court, Minister or Department placing him or her in the guardianship, care or custody of someone who is not the person’s natural or adoptive parent.
independent employment means employment engaged in by a person that is not provided by:
(a) a member of the person’s family; or
(b) a proprietary company, an unlisted public company, a partnership or trust, in which the person, or a member of his or her family, has an interest.
relevant financial year means:
(a) in relation to subregulation 12Z (1) — the last financial year ending before the year of study; and
(b) in relation to subregulation 12Z (2) — the financial year ending in the year of study.
(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).
Subdivision E Actual means test: designated student without a spouse
This Subdivision applies to a student who:
(a) is a designated student within the meaning of regulation 12X; and
(b) does not have a spouse; and
(c) qualifies for the independent living allowance under regulation 67.
(1) A designated student is not entitled to living allowance in a year of study unless the details of the actual means of the student under subregulation 12ZE (1) or (2) for the relevant financial year supplied by or for the student in relation to the student’s application for AUSTUDY are materially correct.
(2) However, if the Secretary considers that an amount of expenditure by the designated student, or a family member, that is reported to the Secretary in relation to the application for AUSTUDY does not represent fair market value:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be the amount of the expenditure by the student or a family member.
(3) Also, if the Secretary considers that expenditure by a person (except the designated student or a family member) is expenditure for the benefit of the student or a family member:
(a) the Secretary must impute a fair market value to the expenditure; and
(b) expenditure of that value is taken to be expenditure by the student or a family member.
(4) In this regulation:
family has the meaning given by subregulation 12ZF (8).
(1) The actual means of a designated student for the year of study is taken to be the amount that equates to total expenditure by, and savings of, the student and each member of his or her family (a ‘family member’) in the last financial year ending before the year of study.
(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).
(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
(a) the loan is made by a provider who carries on a business that consists of, or includes, making loans to members of the public; and
(b) the interest rate payable from time to time for the loan is not less than the rate applicable to a comparable arm’s length loan made by the provider to another person in the ordinary course of carrying on that business.
(3) A loan is an exempt loan benefit if:
(a) the loan consists of an advance to a recipient by a provider who is an employer of the recipient; and
(b) the sole purpose of the making of the loan is to enable the recipient to meet the expenses incurred by the recipient:
(i) in the course of performing the duties of that employment; and
(ii) not later than 6 months after the loan is made; and
(c) the amount of the loan is not substantially greater than the amount of those expenses that could reasonably be expected to be incurred by the recipient; and
(d) the recipient is required:
(i) to account to the employer, not later than 6 months after the loan is made, for expenses met from the loan; and
(ii) to repay (whether by set-off or otherwise) any amount not so accounted for.
(4) A loan is an exempt loan benefit if:
(a) the loan consists of an advance to a recipient by a provider who is an employer of the recipient; and
(b) the sole purpose of the making of the loan is to enable the recipient to pay any of the following amounts payable by the recipient in respect of accommodation:
(i) a rental bond;
(ii) a security deposit in respect of electricity, gas or telephone services;
(iii) any similar amount; and
(c) the recipient is required to repay (whether by set-off or otherwise) the loan not later than 12 months after the loan is made.
(1) The value of a loan benefit is calculated as follows:
Step 1 . Work out whether the loan is a housing loan or another type of loan.
Note For the meaning ofhousing loan , see clause 17.
Step 2 . Work out the notional rate of interest for the loan using subclause (2).
Step 3 . Work out the actual rate of interest for the loan in the relevant fringe benefits year using subclause (4).
Step 4 . Work out whether the actual rate of interest exceeds the notional rate of interest.
Step 5 . If the actual rate of interest is equal to or exceeds the notional rate of interest, the value of the loan benefit is nil.
Note If the value of the loan benefit is nil, the remainder of this subclause does not apply.
Step 6 . If the actual rate of interest is less than the notional rate of interest, take the actual rate of interest away from the notional rate of interest.
Step 7 . Work out the amount of the loan (both the principal and interest) that is outstanding in the relevant fringe benefits year using subclause (5).
Step 8 . Multiply the rate of interest obtained in Step 6 and the amount obtained in Step 7: the result isthe interim value of the loan .
Step 9 . Work out how many complete weeks in the relevant fringe benefits year the person had, or will have, the loan: the result isthe number of allowable weeks .
Step 10 . Apply the formula:
Step 11 . The amount obtained by applying the formula in Step 10 isthe value of the loan benefit .
Note If the recipient is a member of a couple, the value of the loan benefit is to be halved in certain circumstances (see subclause (6).
(2) The notional rate of interest for a loan is set out in the following table:
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(4) The actual rate of interest for the loan is:
(a) if the loan starts after 1 April in the relevant fringe benefits year — the rate of interest payable under the loan on the day on which the loan starts; and
(b) in any other case — the rate of interest payable under the loan on 1 April in the relevant fringe benefits year.
(5)The amount of the loan that is outstanding is:
(a) if the loan start after 1 April in the relevant fringe benefits year — the amount outstanding on the day on which the loan starts; and
(b) in any other case — the amount outstanding on 1 April in the relevant fringe benefits year.
(6) If:
(a) the recipient is a member of a couple; and
(b) the recipient’s partner receives a loan benefit in the relevant fringe benefits year; and
(c) the recipient’s and the partner’s loan benefits relate to the same loan;
the value of the loan benefit obtained in Step 11 in subclause (1) is halved.
A loan is taken to be a housing loan if:
(a) the loan is made to, or used by, a recipient (whether in his or her own right or jointly with his or her partner) wholly:
(i) to enable the recipient to acquire a relevant interest in land on which a dwelling or a building containing a dwelling is to be constructed; or
Note For the meaning ofrelevant interest , see clause 18.
(ii) to enable the recipient to acquire a relevant interest in land and construct, or complete the construction of, a dwelling or a building containing a dwelling on the land; or
(iii) to enable the recipient to construct, or complete the construction of, a dwelling or a building containing a dwelling on land in which the recipient held a relevant interest; or
(iv) to enable the recipient to acquire a relevant interest in land on which there was a dwelling or a building containing a dwelling; or
(v) to enable the recipient to acquire a relevant interest in a stratum unit in relation to a dwelling; or
(vi) to enable the recipient to extend a building that:
(A) is a dwelling or contains a dwelling; and
(B) is constructed on land in which the recipient held a relevant interest:
by adding a room, or part of a room, to the building or the part of the building containing the dwelling, as the case may be; or
(vii) if the recipient held a relevant interest in a stratum unit in relation to a dwelling — to enable the recipient to extend the dwelling by adding a room or part of a room to the dwelling; or
(viii) to enable the recipient to repay a loan that was made to, and used by, the recipient wholly for a purpose mentioned in subparagraphs (i) to (vii) (inclusive); and
(b) when the loan was made, the dwelling was used, or proposed to be used, as the recipient’s usual place of residence.
(1) For the purposes of clause 17, an interest described in a following provision of this clause is a relevant interest.
(2) If:
(a) a person; or
(b) 2 or more persons as joint tenants or tenants in common;
acquire, hold or held an estate in fee simple in land or in a stratum unit, the person or those persons are taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit.
(3) If:
(a) a person acquires, holds or held an interest in land or in a stratum unit as lessee or licensee under a lease of licence; and
(b) the lease or licence gives or gave reasonable security of tenure to the lessee or licensee, for a period of, or for periods totalling, 10 years or more;
the person is taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, as the case requires.
(4) If:
(a) a person acquires, holds or held interest in land or in a stratum unit as purchaser of an estate in fee simple in the land or in the stratum unit under an agreement; and
(b) the agreement provides or provided for payment of the purchase price, or a part of the purchase price, to be made at a future time or by instalments;
the person is taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, as the case requires.
(5) If:
(a) a person acquires, holds or held an interest in land or in a stratum unit as purchaser of a right to be granted a lease of the land or of the stratum unit under an agreement; and
(b) the agreement provides or provided for payment of the purchase price, or a part of the purchase price, for the lease to be made at a future time or by instalments; and
(c) the Secretary is satisfied that the lease will give reasonable security of tenure, to the lessee for a period of, or for periods totalling, 10 years or more;
the person is taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, as the case requires.
(6) If:
(a) 2 or more persons acquire, hold or held an interest referred to in paragraph (3) (a), (4) (a) or (5) (a) in land or in a stratum unit as joint tenants or tenants in common; and
(b) paragraph (3) (b) or (4) (b) or paragraphs (5) (b) and (c) are satisfied;
those persons are taken to acquire or hold, or to have held, a relevant interest in that land or stratum unit, as the case requires.
In this Part, unless the contrary intention appears:
school means a school, college or other educational institution that provides primary or secondary level education.
(1) If:
(a) an employer, an associate of an employer or another person acting for the employer or associate pays, directly or indirectly, an amount to a school; and
(b) the amount is for fees for:
(i) tuition at primary or secondary level provided by the school; or
(ii) books or equipment provided by the school in relation to that tuition; and
(c) the tuition, books or equipment is provided to a child of an employee;
the payment is taken to be a school fees benefit provided by the person to the employee.
(2) For the purposes of this clause, if:
(a) a school is providing tuition at primary or secondary level to a dependant of a person; and
(b) the dependant is boarding at the school;
the fees that are payable for the child to board at the school are taken to be fees for the tuition provided by the school to the child.
The value of a school fees benefit is the amount of the payment that constitutes the school fees benefit.
In this Part:
expense benefit does not include a health insurance benefit, housing benefit, loan benefit or school fees benefit within the meaning of the relevant Part of this Schedule.
An employee gets an expense benefit if an amount is paid to or for the recipient in connection with an expense of a private nature that has been, or may be, incurred by the recipient, and the amount is paid by:
(a) the employer of the employee; or
(b) an associate of the employer; or
(c) a person (the ‘arranger’), who is not the employer or an associate of the employer, under an arrangement between:
(i) the employer or an associate of the employer; and
(ii) the arranger or another person.
An amount paid as described in clause 23 is an exempt expense benefit if:
(a) the amount is paid to reimburse expenses of an employee in connection with his or her employment; or
(b) the employee requires the amount to be applied to the payment of expenses related to his or her employment.
The value of an expense benefit is the amount of the payment that constitutes the expense benefit.
In this Part:
available mone y for a person, means money that:
(a) is held by or for the person; and
(b) is not deposit money of the person; and
(c) is not the subject of a loan made by the person.
deposit money of aperson, means the person’s money that is deposited in an account with a bank, building society, credit union or other institution that takes money on deposit.
financial investment means:
(a) available or deposit money; or
(b) a managed investment; or
(c) a listed security; or
(d) an unlisted public security; or
(e) gold, silver or platinum bullion.
listed security means a share in a company, or another security, listed on a stock exchange.
managed investment has the same meaning as in subsections 9 (1A), (1B) and (1C) of theSocial Security Act 1991 .
unlisted public security means a public security that is not a listed security.
An employee gets a financial investment benefit if the cost of the acquisition of a financial investment for the recipient is paid for, or reimbursed by:
(a) the employer of the employee; or
(b) an associate of the employer; or
(c) a person (the ‘arranger’), who is not the employer or an associate of the employer, under an arrangement between:
(i) the employer or an associate of the employer; and
(ii) the arranger or another person.
(1) In this clause:
ATO small superannuation account means an account kept in the name of an individual under theSmall Superannuation Accounts Act 1995 .
superannuation fund means a superannuation fund as defined for the purposes of Subdivision AA of Division 2 of Part III of theIncome Tax Assessment Act 1936 that is not a fund covered by subparagraph (ia) of the definition ofsuperannuation fund in subsection 27A (1) of that Act.
(2) An amount paid as described in clause 27 as a contribution to a superannuation fund or an ATO small superannuation account for the benefit of a recipient is an exempt financial investment benefit.
The value of a financial investment benefit is the value of the benefit when it is received by the recipient.
The
1990 No. 443 | 21 Dec 1990 | 1 Jan 1991 | ||
1991 No. 480 | 23 Dec 1991 | 1 Jan 1992 | — | |
1992 No. 24 | 31 Jan 1992 | 31 Jan 1992 | — | |
1992 No. 399 | 16 Dec 1992 | Rr. 3.1-10.2, 11.1-27.1 and 29.1-33.1: 1 Jan 1992 R. 28: 4 Dec 1991 Part 3 (rr. 34-66): 1 Jan 1993 Remainder: 16 Dec 1992 | — | |
1993 No. 367 | 23 Dec 1993 | Rr. 7.1 and 51.1: 1 Jan 1993 R. 11.3: 20 Mar 1994 Rr. 13 and 16: 30 June 1992 Rr. 40.1 and 45.2: 20 Mar 1993 Remainder: 1 Jan 1994 | Rr. 2 and 57 | |
1994 No. 13 | 4 Feb 1994 | 4 Feb 1994 | — | |
1994 No. 91 | 7 Apr 1994 | 7 Apr 1994 | — | |
1994 No. 409 | 13 Dec 1994 | Rr. 3, 5, 9.3-9.7, 15, 16.2, 20.2, 21, 23.2, 32.1, 35, 36, 37.3 and 40:
1 Jan 1995 ( Rr. 6, 11.2, 38.2, 38.3 and 38.5: 1 Jan 1994 Rr. 7, 28.1 and 32.2: 1 Oct 1994 R. 41.8: 9 June 1994 Remainder: 1 Jan 1995 | R. 43 | |
1995 No. 132 | 15 June 1995 | 1 Oct 1995 | — | |
1995 No. 393 | 12 Dec 1995 | 12 Dec 1995 | R. 2 | |
1996 No. 21 | 31 Jan 1996 | 31 Jan 1996 | — | |
1996 No. 245 | 6 Nov 1996 | 6 Nov 1996 | R. 2 | |
1996 No. 246 | 8 Nov 1996 | Rr. 7.2, 7.4, 9.2, 9.3 and 19.2: 8 Nov 1996 Remainder: 10 Sept 1996 | — | |
1996 No. 261 | 4 Dec 1996 | R. 7: 1 Jan 1997 Remainder: 4 Dec 1996 | R. 3 | |
1996 No. 275 | 11 Dec 1996 | R. 5: 4 Nov 1996 Remainder: 11 Dec 1996 | R. 3 | |
1997 No. 83 | 16 Apr 1997 | R. 9: 4 Dec 1996 R. 10: 1 Jan 1997 Rr. 6, 11, 12 and 14: 1 July 1997 Remainder: 16 Apr 1997 | — | |
1997 No. 159 | 30 June 1997 | 1 Jan 1997 | — | |
1997 No. 187 | 1 July 1997 | 1 July 1997 | — | |
1997 No. 302 | 29 Oct 1997 | 1 Jan 1998 | — | |
1997 No. 323 | 27 Nov 1997 | 1 Jan 1997 | — | |
1997 No. 341 | 9 Dec 1997 | Rr. 3, 4 and 5.13: 1 Jan 1998 Remainder: 9 Dec 1997 | — | |
1997 No. 373 | 18 Dec 1997 | Rr. 4–19, 21–26, 28.2 and 29: 1 Jan 1998 Remainder: 18 Dec 1997 | — | |
1998 No. 33 | 18 Mar 1998 | 20 Mar 1998 | — | |
1998 No. 71 | 28 Apr 1998 | Rr. 3.2, 3.3, 5, 6.2, 7.1, and 8.2: 28 Apr 1998 Remainder: 1 Dec 1997 | — | |
1998 No. 86 | 14 May 1998 | Rr. 5, 9, 14, 18, 20, 22 and 24: 14 May 1998 Remainder: 1 Jan 1998 | — | |
1998 No. 132 | 18 June 1998 | 1 Jan 1994 | — | |
2003 No. 347 | 23 Dec 2003 | 23 Dec 2003 | — | |
(a) Regulations 16 and 18 of Statutory Rules 1994 No. 409 were disallowed by the Senate on 9 February 1995.
(b) Statutory Rules 1995 No. 393 were disallowed by the Senate on 10 September 1996 and the disallowance was rescinded on 9 October 1996.
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 3.......................................... | am. 1992 No. 399 |
R. 4.......................................... | am. 1996 No. 246 |
rep. 1997 No. 373 | |
R. 5.......................................... | am. 1993 No. 367; 1994 Nos. 13 and 409 |
R. 6.......................................... | am. 1996 No. 246 |
R. 7.......................................... | am. 1992 No. 399; 1993 No. 367; 1994 No. 13 |
R. 8.......................................... |
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R. 9.......................................... | am. 1992 No. 399; 1993 No. 367; 1994 No. 13 |
Rr. 10, 11................................ | am. 1992 No. 399; 1994 No. 13 |
R. 12........................................ | am. 1992 No. 399 |
Div. 1A of Part 1 of Ch. 2 .... (rr. 12A–12E) | ad. 1992 No. 399 |
R. 12A..................................... | ad. 1992 No. 399 |
rs. 1993 No. 367 | |
R. 12B..................................... | ad. 1992 No. 399 |
Note to r. 12B......................... | rep. 1996 No. 246 |
R. 12C..................................... | ad. 1992 No. 399 |
am. 1994 No. 409 | |
Note to r. 12C........................ | am. 1996 No. 246 |
R. 12D..................................... | ad. 1992 No. 399 |
rs. 1997 No. 83 | |
R. 12E..................................... | ad. 1992 No. 399 |
am. 1997 No. 83 | |
Div. 1B of Part 1 of Ch. 2 .... (rr. 12F–12U) | ad. 1995 No. 132 |
| rs. 1996 No. 245 |
R. 12F..................................... | ad. 1995 No. 132 |
rs. 1997 No. 159 | |
am. 1997 Nos. 302 and 373 | |
R. 12FA................................... | ad. 1997 No. 373 |
R. 12G..................................... | ad. 1995 No. 132 |
rs. 1996 No. 245 | |
am. 1997 No. 159; 1998 No. 71 | |
| rs. 1996 No. 245 |
R. 12H..................................... | ad. 1995 No. 132 |
rep. 1997 No. 302 | |
R. 12J...................................... | ad. 1995 No. 132 |
rs. 1996 No. 245 | |
am. 1997 No. 302 | |
Rr. 12K.................................... | ad. 1995 No. 132 |
am. 1996 No. 245 | |
rs. 1997 No. 302 | |
R. 12L...................................... | ad. 1995 No. 132 |
am. 1996 No. 245; 1997 No. 159 | |
rs. 1997 No. 302 | |
am. 1997 No. 373 | |
R. 12M.................................... | ad. 1995 No. 132 |
am. 1996 No. 245 | |
rs. 1997 No. 302 | |
am. 1997 No. 373; 1998 No. 86 | |
Note to r. 12M........................ | rs. 1996 No. 245 |
R. 12MA.................................. | ad. 1998 No. 86 |
R. 12MB.................................. | ad. 1998 No. 86 |
R. 12N..................................... | ad. 1995 No. 132 |
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| rs. 1996 No. 245 |
R. 12P..................................... | ad. 1995 No. 132 |
rep. 1997 No. 302 | |
R. 12Q..................................... | ad. 1995 No. 132 |
am. 1996 No. 245; 1997 No. 302 | |
R. 12R..................................... | ad. 1995 No. 132 |
am. 1996 No. 245 | |
rs. 1997 No. 302 | |
R. 12S..................................... | ad. 1995 No. 132 |
am. 1996 No. 245; 1997 No. 159 | |
rs. 1997 No. 302 | |
am. 1997 No. 373 | |
R. 12T..................................... | ad. 1995 No. 132 |
am. 1996 No. 245 | |
rs. 1997 No. 302 | |
am. 1997 No. 373; 1998 No. 86 | |
Note to r. 12T......................... | rs. 1996 No. 245 |
R 12TA.................................... | ad. 1998 No. 86 |
R. 12TB................................... | ad. 1998 No. 86 |
R. 12U..................................... | ad. 1995 No. 132 |
| |
| ad. 1996 No. 245 |
R. 12V..................................... | ad. 1996 No. 245 |
rep. 1997 No. 302 | |
R. 12W.................................... | |
ad. 1996 No. 245 | |
am. 1997 No. 302 | |
R. 12X..................................... | ad. 1996 No. 245 |
rs. 1997 No. 302 | |
am. 1998 No. 86 | |
R. 12Y..................................... | ad. 1996 No. 245 |
am. 1997 No. 159 | |
rs. 1997 No. 302 | |
am. 1997; No. 373 | |
Rr. 12Z.................................... | ad. 1996 No. 245 |
rs. 1997 No. 302 | |
am. 1997 No. 373; 1998 No. 86 | |
R. 12ZAA................................ | ad. 1998 No. 86 |
R. 12ZA................................... | ad. 1996 No. 245 |
am. 1997 Nos. 159, 302 and 373; 1998 No. 86 | |
R. 12ZAB................................ | ad. 1998 No. 86 |
| ad. 1996 No. 245 |
R. 12ZB................................... | ad. 1996 No. 245 |
rep. 1997 No. 302 | |
R. 12ZC.................................. | ad. 1996 No. 245 |
am. 1997 No. 302 | |
Rr. 12ZD, 12ZE..................... | ad. 1996 No. 245 |
rs. 1997 No. 302 | |
am. 1997 No. 373; 1998 No. 86 | |
R. 12ZEA................................ | ad. 1998 No. 86 |
R. 12ZEB................................ | ad. 1998 No. 86 |
R. 12ZF................................... | ad. 1996 No. 245 |
am. 1997 Nos. 159, 302 and 373; 1998 No. 86 | |
R. 13........................................ |
|
R. 18A..................................... | ad. 1994 No. 409 |
am. 1996 Nos. 246 and 275 | |
rs. 1998 No. 71 | |
R. 19........................................ |
|
Notes to r. 19......................... | am. 1994 No. 409 |
R. 21........................................ | am. 1992 No. 399 |
R. 22........................................ |
|
to r. 22................ | am. 1993 No. 367 |
Note 3 to r. 22........................ | ad. 1998 No. 33 |
R. 23........................................ | rep. 1993 No. 367 |
ad. 1997 No. 83 | |
R. 24........................................ | am. 1992 No. 399 |
R. 26........................................ | am. 1992 No. 399 |
R. 27........................................ | am. 1992 No. 399; 1993 No. 367; 1996 No. 246 |
R. 29........................................ | am. 1991 No. 480; 1992 No. 399 |
Note to r. 29........................... | am. 1993 No. 367 |
R. 30........................................ | am. 1992 No. 399; 1993 No. 367; 1994 No. 409 |
R. 31........................................ | rep. 1992 No. 399 |
R. 32........................................ | am. 1991 No. 480; 1992 No. 399 |
Note to r. 32........................... | rs. 1991 No. 480 |
R. 33........................................ | am. 1993 No. 367; 1996 No. 246 |
Note to r. 33........................... | rs. 1994 No. 409 |
R. 37........................................ | rep. 1991 No. 480 |
R. 38........................................ |
|
Note to r. 38........................... | rep. 1992 No. 339 |
Rr. 39, 40................................ | rep. 1991 No. 480 |
R. 41........................................ | rs. 1991 No. 480 |
| |
Notes to r. 41......................... | am. 1993 No. 367 |
R. 42........................................ | rep. 1991 No. 480 |
R. 43........................................ | rs. 1991 No. 480 |
am. 1992 No. 24 | |
R. 44........................................ | rep. 1991 No. 480 |
R. 45........................................ | am. 1991 No. 480; 1993 No. 367 |
Note to r. 45........................... | rep. 1991 No. 480 |
R. 46........................................ | rs. 1992 No. 399 |
am. 1993 No. 367 | |
Note to r. 46........................... | rep. 1991 No. 480 |
R. 47........................................ | rs. 1991 No. 480 |
R. 48........................................ | am. 1992 No. 399; 1993 No. 367 |
R. 50........................................ | rs. 1993 No. 367 |
| rep. 1991 No. 480 |
Heading to Part 4 of Ch. 2... | ad. 1991 No. 480 |
rs. 1993 No. 367 | |
R. 52........................................ |
|
R. 54........................................ | rep. 1991 No. 480 |
R. 55........................................ | am. 1992 No. 399; 1993 No. 367; 1998 No. 33 |
Note to r. 55........................... | am. 1992 No. 399 |
R. 56........................................ | am. 1994 No. 409 |
R. 58........................................ | am. 1993 No. 367 |
R. 61........................................ |
|
Notes to r. 61......................... | am. 1991 No. 480 |
R. 62........................................ | am. 1992 No. 399 |
R. 63........................................ |
|
Note to r. 63........................... | am. 1996 No. 246 |
R. 64........................................ |
|
Note to r. 64........................... | rep. 1993 No. 367 |
R. 66........................................ | am. 1991 No. 480 |
rs. 1992 No. 399 | |
am. 1993 No. 367 | |
R. 68........................................ | am. 1992 No. 399; 1993 No. 367; 1994 No. 409 |
rs. 1996 No. 261; 1997 No. 323 | |
R. 70........................................ | am. 1994 No. 409 |
R. 71........................................ | am. 1992 No. 399; 1994 No. 409; 1996 No. 275 |
R. 74........................................ | am. 1991 No. 480 |
rs. 1994 No. 409 | |
am. 1996 No. 246 | |
Note to r. 74........................... | am. 1996 No. 246 |
R. 75........................................ | am. 1993 No. 367; 1996 No. 246 |
R. 77........................................ | am. 1991 No. 480; 1992 No. 399 |
Notes to r. 77......................... | am. 1991 No. 480 |
R. 80........................................ | am. 1993 No. 367; 1996 No. 275 |
R. 82........................................ | am. 1991 No. 480 |
rs. 1992 No. 399 | |
| |
R. 83........................................ |
|
Notes to r. 83......................... | am. 1992 No. 399; 1996 No. 246 |
R. 85........................................ | am. 1994 No. 409; 1996 No. 246 |
Note to r. 85........................... | ad. 1994 No. 409 |
rep. 1996 No. 246 | |
R. 86........................................ |
|
R. 87........................................ |
|
Note to r. 87........................... | ad. 1991 No. 480 |
R. 87A..................................... | ad. 1996 No. 245 |
am. 1997 Nos. 159 and 302 | |
R. 88........................................ |
|
rs. 1996 No. 245 | |
am. 1996 No. 246; 1997 No. 373 | |
R. 89........................................ | rep. 1991 No. 480 |
R. 90........................................ | rs. 1992 No. 399 |
| |
R. 91........................................ |
|
Note to r. 91........................... | ad. 1996 No. 246 |
Note to r. 92........................... | am. 1992 No. 399 |
R. 93........................................ | am. 1993 No. 367; 1994 No. 409 |
R. 94........................................ |
|
R. 94A..................................... | ad. 1996 No. 245 |
am. 1997 No. 159; 1997 No. 302 | |
R. 94B..................................... | ad. 1996 No. 245 |
am. 1997 No. 159; 1997 No. 302 | |
R. 95........................................ |
|
rs. 1996 No. 245 | |
am. 1996 No. 246; 1997 No. 373 | |
R. 96........................................ | rs. 1992 No. 399 |
| |
R. 97........................................ |
|
R. 98........................................ | am. 1992 No. 399; 1993 No. 367; 1998 No. 33 |
R. 99........................................ |
|
Notes to r. 99......................... | am. 1991 No. 480; 1994 No. 409 |
R. 100...................................... | am. 1992 No. 399 |
R. 101...................................... |
|
| ad. 1994 No. 409 |
Rr. 102A, 102B...................... | ad. 1994 No. 409 |
am. 1996 No. 261 | |
Rr. 102C, 102D...................... | ad. 1994 No. 409 |
R. 102E................................... | ad. 1994 No. 409 |
am. 1996 Nos. 246 and 275; 1997 No. 373 | |
R. 102F................................... | ad. 1994 No. 409 |
am. 1996 Nos. 246 and 275; 1997 Nos. 83 and 373 | |
R. 102G.................................. | ad. 1994 No. 409 |
am. 1997 No. 83 | |
R. 102H................................... | ad. 1994 No. 409 |
| ad. 1996 No. 21 rep. 1996 No. 261 |
Rr. 103-106............................ | ad. 1996 No. 21 |
rep. 1996 No. 261 | |
| rep. 1994 No. 409 |
Rr. 103-107............................ | rep. 1994 No. 409 |
R. 108...................................... | rs. 1992 No. 399 |
am. 1994 No. 409; 1996 No. 246 | |
Note to r. 108......................... | rep. 1994 No. 409 |
ad. 1996 No. 246 | |
R. 109...................................... |
|
Note 1 to r. 109...................... | am. 1996 No. 246 |
Note 2 to r. 109...................... | ad. 1994 No. 409 |
Note 3 to r. 109...................... | ad. 1996 No. 246 |
rep. 1997 No. 373 | |
R. 110...................................... | am. 1993 No. 367; 1996 No. 246 |
R. 111...................................... | am. 1992 No. 399; 1998 No. 86 |
R. 111A................................... | ad. 1991 No. 480 |
R. 111B................................... | ad. 1992 No. 399 |
am. 1993 No. 367 | |
R. 113...................................... | am. 1992 No. 399; 1993 No. 367; 1996 No. 246 |
ad. 1997 No. 159 | |
am. 1997 Nos. 302 and 373; 1998 Nos. 71 and 132 | |
R. 114...................................... | ad. 1998 No. 86 |
R. 115...................................... | ad. 1998 No. 86 |
R. 116...................................... | ad. 1998 No. 86 |
R. 117...................................... | ad. 1998 No. 86 |
Note to r. 113......................... | am. 1996 No. 246 |
Schedule 1............................. | rs. 1992 No. 399 |
| |
Schedule 2............................. | am. 1993 No. 367; 1994 No. 409 |
Note to Schedule 2............... | |
... Relocated from................... Schedule 5 | 1994 No. 409 |
Schedule 3............................. | rep. 1993 No. 367 |
Schedules 4, 5....................... | rep. 1994 No. 409 |
Schedule 6............................. | ad. 1993 No. 367 |
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