Family Law Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 86 1

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Family Law Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

 Dated 29 March 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

M. LAVARCH

Attorney-General

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1.    Amendment

1.1   The Family Law Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2. Regulation 12A (Prescribed pensions, allowances or benefits—subsection 4 (1)

of the Act)

2.1   Paragraphs 12A (b) to (u) (inclusive):

Omit the paragraphs, substitute:

• “(b)

  a social security payment within the meaning of the Social Security Act 1991, except:

  • (i)

    a family payment under Part 2.17 of that Act to the extent that it does not exceed the basic family payment rate determined under Step 3 of the Method statement in point 1069—A1 of the Family Payment Rate Calculator in section 1069 of that Act; and

  • (ii)

    a payment of mobility allowance under Part 2.21 of that Act; and

  • (iii)

    a disaster relief payment under Part 2.24 of that Act;

• (c)

  so much of an allowance under the Aboriginal study assistance scheme defined in subsection 23 (1) of that Act as is means tested;

• (d)

  so much of an allowance under the Assistance for Isolated Children Scheme referred to in paragraph (d) of the definition of “prescribed educational scheme” in subsection 5 (1) of that Act as exceeds the minimum amount of that allowance;

• (e)

  a payment under the scheme known as the New Enterprise Incentive Scheme;

• (f)

  an AUSTUDY benefit under Part 2 of the Student Assistance Act 1973;

(g)a living allowance, administered by the Department of Employment, Education and Training, that is payable in respect of a course in English as a Second Language provided at a Technical and Further Education institution;

• (h)

  an allowance, known as formal training assistance, that is payable under any of the programs, known as the Labour Market Programs, administered by the Department of Employment, Education and Training.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 April 1994.

2. Statutory Rules 1984 No. 426 as amended by 1985 No. 183; 1986 Nos. 140 and 393; 1987 Nos. 85 and 175; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1990 Nos. 294 and 373; 1991 Nos. 401 and 447; 1992 Nos. 33, 160, 287, 376 and 404.