Student Assistance Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 20
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Student Assistance Act 1973.
Dated 25 February 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
JULIA GILLARD
1 Name of Regulations
These Regulations are the Student Assistance Amendment Regulations 2009 (No. 1).
2 Commencement
These Regulations commence on 1 July 2009.
3 Amendment of Student Assistance Regulations 2003
Schedule 1 amends the Student Assistance Regulations 2003.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 3
omit
In
insert
(1) In
[2] Regulation 3, definition of spouse
substitute
relationship parent has the meaning given by subsection 5 (25) of the Social Security Act 1991.
[3] Regulation 3, after definition of student
insert
(2) For these Regulations, a person is the partner of another person if:
(a) the person:
(i) is legally married to the other person; and
(ii) is not, in the Secretary’s opinion, living separately and apart from the other person on a permanent or indefinite basis; or
(b) the person is the de facto partner (within the meaning of the Acts Interpretation Act 1901) of the other person.
[4] Regulation 5, definition of ABSTUDY payee
omit
a new apprentice
insert
an Australian apprentice
[5] Regulation 5, after definition of ABSTUDY payee
insert
Australian apprentice means a person who has a current Commonwealth registration number in relation to a full-time apprenticeship, traineeship or trainee apprenticeship under the scheme known as Australian Apprenticeships, but does not include a person whose registration number is suspended.
[6] Regulation 5, definition of dependent student
omit
a new apprentice
insert
an Australian apprentice
[7] Regulation 5, definition of independent rate
omit
a new apprentice
insert
an Australian apprentice
[8] Regulation 5, definition of independent rate
omit
or new apprentice.
insert
or Australian apprentice.
[9] Regulation 5, definition of new apprentice
omit
[10] Regulation 5, definition of partner
omit
[11] Regulation 5B
omit each mention of
new apprentice
insert
Australian apprentice
[12] Subparagraph 5B (3) (a) (i)
omit
has lived in a de facto relationship
insert
has had a de facto partner (within the meaning of the Acts Interpretation Act 1901)
[13] Subregulation 5C (1)
omit
a new apprentice is either of
insert
an Australian apprentice is any of
[14] Paragraphs 5C (1) (a) and (b)
substitute
(a) a natural parent of the student or Australian apprentice;
(b) an adoptive parent;
(c) a relationship parent.
[15] Subregulation 5C (2)
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a new apprentice
insert
an Australian apprentice
[16] Paragraphs 5C (2) (a) and (b)
substitute
(a) a natural, adoptive or relationship parent with whom the student or Australian apprentice lives;
(b) if a natural, adoptive or relationship parent with whom the student or Australian apprentice normally lives is a member of a couple, and normally lives with the other member of the couple — the other member of the couple;
[17] Paragraphs 5C (2) (c) and (d)
omit each mention of
new apprentice
insert
Australian apprentice
[18] Paragraph 5C (2) (e)
substitute
(e) if no other paragraph of this definition applies — a natural, adoptive or relationship parent with whom the student or Australian apprentice last lived.
[19] Regulation 5D
omit
[20] Regulation 7, definition of parent, paragraph (a)
omit
a natural or adoptive parent
insert
a natural, adoptive or relationship parent
[21] Regulation 7, definition of parent, paragraph (b)
omit each mention of
spouse
insert
partner
[22] Regulation 7, definition of partner
omit
[23] Subparagraph 8 (d) (xi)
omit
spouse
insert
partner
[24] Schedule 1, item 110
omit each mention of
a new apprentice
insert
an Australian apprentice
[25] Schedule 1, items 121 and 122
omit
parent, partner or spouse
insert
parent or partner
[26] Schedule 1, item 133
substitute
133 The ABSTUDY payee claims, or receives, under the scheme known as Australian Apprenticeships, a payment known as Living Away from Home Allowance.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.