Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 2) 1985No. 123, 1985 - SECT 15

15. Section 82A of the Principal Act is amended by omitting sub-section (2)
and substituting the following sub-section:

"(2) In this section - 'educational assistance' means amounts (other than
amounts in the nature of an allowance for maintenance or accommodation)
payable under a scheme for the provision by the Commonwealth of assistance for
secondary education, technical or tertiary education or postgraduate study;
'expenses of self-education' means expenses necessarily incurred by the
taxpayer for or in connection with a prescribed course of education; 'net
amount of expenses of self-education' means the amount ascertained by
subtracting from the total amount of expenses of self-education incurred by
the taxpayer in the year of income the sum of -

   (a)  any payment or payments of educational assistance that were capable of
        being claimed in the year of income by the taxpayer or by another
        person in respect of the taxpayer other than -

        (i)    a payment the amount of which has been, or will be, included in
               the assessable income of the taxpayer of any year of income; or

        (ii)   a payment that was capable of being claimed in a preceding year
               of income; and

   (b)  any payment or payments (other than a payment the amount of which has
        been, or will be, included in the assessable income of the taxpayer of
        any year of income) received by the taxpayer, or that the taxpayer was
        entitled to receive, in the year of income, from the taxpayer's
        employer, or from any other person, in respect of -

        (i)    expenses of self-education that were incurred by the taxpayer
               during the year of income; or

        (ii)   expenses of self-education in respect of which a deduction has
               been allowed, or is allowable, or in respect of which a rebate
               of tax has been allowed, or is allowable, in an assessment in
               respect of income derived by the taxpayer in a preceding year
               of income; 'prescribed course of education' means a course of
               education provided by a school, college, university or other
               place of education, and undertaken by the taxpayer for the
               purpose of gaining qualifications for use in the carrying on of
               a profession, business or trade or in the course of any
               employment.".