AUSTUDY REGULATIONS (AMENDMENT) 1998 NO. 71 

AUSTUDY REGULATIONS (AMENDMENT) 1998 NO. 71 
- TABLE OF PROVISIONS

1.  Commencement  
2.  Amendment  
3.  Regulation 12G (Application of Division)  
4.  Regulation 18A (What is excluded from assets? (e) farm assets in an  "exceptional circumstances drought affected area")  
5.  Regulation 22 (Excluded: (b) students getting certain pensions and  allowances)  
6.  Regulation 91 (Concession to the parental income test: (c) pensions  and allowances)  
7.  Regulation 97 (Concession to the spouse's income test: (b) pensions  and allowances)  
8.  Regulation 113 (Definitions)  


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 1
1. Commencement


  1.1 These Regulations (except subregulations 3.2 and 3.3, regulation 
5 and subregulations 6.2, 7.1 and 8.2) are taken to have commenced on 
1 December 1997.

  1.2 Subregulations 3.2 and 3.3, regulation 5 and subregulations 6.2, 
7.1 and 8.2 commence on gazettal.


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 2
2. Amendment


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


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 3
3. Regulation 12G (Application of Division)


  3.1 Paragraph 12G (1) (b):
  Omit the paragraph, substitute:
  "(b) while the parent or spouse of the student receives exceptional 
circumstances relief payment; or".

  3.2 Paragraph 12G (1) (b):
  Omit "payment; or", substitute "payment.".

  3.3 Paragraph 12G (1) (c):
  Omit the paragraph.

  3.4 Subregulation 12G (2):
  Omit the subregulation, substitute:
  "(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.".


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 4
4. Regulation 18A (What is excluded from assets? (e) farm assets in an 
"exceptional circumstances drought affected area")


  4.1 Omit the regulation, substitute:
What is excluded from assets: (e) farm assets
  "18A. (1) Subregulation (2) applies to a person who has farm assets 
in an exceptional circumstances area.
  "(2) The person's assets do not include the farm assets until the 
end of the year in which:
  (a) the exceptional circumstances recovery period (if any) for the 
area ends; or
  (b) if there is no exceptional circumstances recovery period for the 
area-the area ceases to be an exceptional circumstances area.
  "(3) In this regulation:
  exceptional circumstances area means an area stated in writing by 
the Minister for Primary Industries and Energy to be an exceptional 
circumstances area.
  exceptional circumstances recovery period, for an exceptional 
circumstances area, means the period (if any) stated in writing by the 
Minister of Primary Industries and Energy to be an exceptional 
circumstances recovery period for the area.
  farm assets includes:
  (a) land, buildings, plant, equipment and vehicles used primarily 
for farming; and
  (b) crops and livestock.".


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 5
5. Regulation 22 (Excluded: (b) students getting certain pensions and 
allowances)


  5.1 Subregulation 22 (2):
  After paragraph 22 (2) (b), insert:
  "; or (c) farm support.".

  5.2 Add at the end:
  "(6) In these Regulations:
  farm support means:
  (a) exceptional circumstances relief payment; or
  (b) restart income support under the Farm Household Support Act 
1992.".


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 6
6. Regulation 91 (Concession to the parental income test: (c) pensions 
and allowances)


  6.1 Paragraph 91 (1) (ac):
  Omit the paragraph, substitute:
  "(ac) farm support; or".

  6.2 Paragraph 91 (1) (c):
  Omit the paragraph.

  6.3 Subregulation 91 (1AA):
  Omit the subregulation, substitute:
  "(1AA) For paragraph (1) (ac), if, in a year of study, a parent's 
entitlement to farm support that is exceptional circumstances relief 
payment ends, the parent is taken to receive the payment until the end 
of the year.".


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 7
7. Regulation 97 (Concession to the spouse's income test: (b) pensions 
and allowances)


  7.1 Paragraph 97 (1) (ba):
  Omit the paragraph.

  7.2 Paragraph 97 (1) (bb):
  Omit the paragraph, substitute:
  "(bb) farm support; or".

  7.3 Subregulation 97 (1AA):
  Omit the subregulation, substitute:
  "(1AA) For paragraph (1) (bb), if, in a year of study, a spouse's 
entitlement to farm support that is exceptional circumstances relief 
payment ends, the spouse is taken to receive the payment until the end 
of the year.".


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- REG 8
8. Regulation 113 (Definitions)


  8.1 Subregulation 113 (1) (Index):
  Insert in the appropriate alphabetical position determined on a 
letter-by-letter basis:
  "exceptional circumstances relief payment                12G (3)".

  8.2 Subregulation 113 (1) (Index):
  Insert in the appropriate alphabetical position determined on a 
letter-by-letter basis:
  "farm support                                             22 (6)". 


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- NOTE 1


*1* Notified in the Commonwealth of Australia Gazette on 28 April 1998.


AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 71
- NOTE 2


*2* Statutory Rules 1990 No. 443 as amended by 1991 No. 480; 1992 Nos. 
24 and 399; 1993 No. 367; 1994 Nos. 13, 91 and 409; 1995 Nos. 132 and 
393 (disallowed by the Senate on 10 September 1996); 1996 Nos. 21, 
245, 246, 261 and 275; 1997 Nos. 83, 159, 187, 302, 323, 341 and 373; 
1998 No. 33.


- NOTES


AUSTUDY REGULATIONS*2* (AMENDMENT) 1998 No. 71*1* 
- Dated 28 April 1998