Statutory Rules 1998    No. 1791

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AUSTUDY/ABSTUDY Supplement Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Student and Youth Assistance Act 1973.

Dated 30 June 1998.

 WILLIAM DEANE
 Governor-General

By His Excellency’s Command,

Christopher ellison

Minister for Schools, Vocational Education and Training

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1.   Commencement

1.1   These regulations commence on 1 July 1998.

2.   Amendment

2.1   The AUSTUDY/ABSTUDY Supplement Regulations are amended as set out in these regulations.

3.   Regulation 1 (Citation)

3.1   Omit “AUSTUDY/ABSTUDY”, substitute “ABSTUDY”.

4.   Regulation 3 (Interpretation)

4.1   Definition of Act:

Omit the definition, substitute:

“Act means the Student Assistance Act 1973.”.

4.2   Definition of adjusted parental income:

Omit the definition, substitute:

“adjusted parental income means the parental income worked out in accordance with the parental income test under the ABSTUDY scheme.”.

4.3   Definition of AUSTUDY:

Omit the definition.

4.4   Definition of category 1 student:

Omit “the AUSTUDY scheme or”.

4.5   Definition of category 2 student (paragraph (b)):

Omit “the AUSTUDY scheme or” (wherever occurring).

4.6   Definition of living allowance:

Omit the definition, substitute:

“living allowance means living allowance under the ABSTUDY scheme.”.

4.7   Definition of pensioner education supplement:

Omit the definition, substitute:

“pensioner education supplement means pensioner education supplement under the ABSTUDY scheme.”.

5.   Regulation 5 (Prescribed courses)

5.1   Subregulation 5 (2):

Omit the subregulation.

6.   Regulation 6 (Prescribed benefits)

6.1   Omit “the AUSTUDY scheme or”.

7.   Regulation 7A (Prescribed parental income—years after 1997)

7.1   Subregulation 7A (3) (definition of indexation factor):

Omit the definition, substitute:

“indexation factor means the number for the relevant year using the formula:

index number for the June quarter in the later reference period

index number for the June quarter in the earlier reference period.”.

7.2   Subregulation 7A (3):

Insert the following definitions:

“earlier reference period means the year before the later reference period.

later reference period means the year before the relevant year.”.

7.3   After subregulation 7A (3), insert:

 “(3A) If an indexation factor worked out under subregulation (3) would end with a number greater than 4 if it were worked out to 4 decimal places, the factor is to be rounded up to the third decimal place.

 “(3B) If an indexation factor worked out under subregulation (3) would end with a number of 4 or less than 4 if it were worked out to 4 decimal places, the factor is to be rounded down to the third decimal place.”.

7.4   Add at the end:

 “(5) If the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Australian Statistician for the quarter, the publication of the later index number must be disregarded for the purposes of this regulation.

 “(6) However, if the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of this regulation after the change is made, regard must be had only to the index numbers published for the new reference base.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1998.

2. Statutory Rules 1992 No. 454 as amended by 1993 No. 365; 1994 No. 444; 1995 No. 394; 1996 No. 255.