Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 4) 1986 No. 154 of 1986 - SECT 26

26. Section 23 of the Principal Act is amended-
(a) by inserting in paragraph (z) "provided by the Commonwealth" after

"assistance" (second and third occurring);

   (b)  by omitting sub-paragraphs (z) (v) and (vi) and substituting the
        following sub-paragraphs:

"(v) a benefit received as a grant of Education Assistance under Part III of
the Student Assistance Act 1973 that-

                (A)  is granted in respect of the undertaking of a course of
                     study or instruction that is determined to be a tertiary
                     course for the purposes of section 10 of that Act or in
                     respect of the undertaking of a part of a course of study
                     or instruction that is determined to be part of a
                     tertiary course for the purposes of that section; and

                (B)  does not include a payment made in respect of a child or
                     children wholly or substantially dependent on the person
                     who received the benefit; or

        (vi)   if a benefit received as a grant of Education Assistance under
               Part III of the Student Assistance Act 1973, being a benefit
               that is granted in respect of the undertaking of a course of
               study or instruction that is determined to be a tertiary course
               for the purposes of section 10 of that Act or in respect of the
               undertaking of a part of a course of study or instruction that
               is determined to be part of a tertiary course for the purposes
               of that section, includes a payment made in respect of a child
               or children wholly or substantially dependent on the person who
               received the benefit-so much of the benefit as exceeds the
               amount paid in respect of the child or children;"; and

   (c)  by omitting sub-paragraphs (zaa) (i) and (ii) and substituting the
        following sub-paragraphs:

"(i) a benefit received as a grant of Education Assistance under Part III of
the Student Assistance Act 1973 that-

                (A)  is granted in respect of the undertaking of a course of
                     study or instruction that is determined to be a secondary
                     course for the purposes of section 10 of that Act or in
                     respect of the undertaking of a part of a course of study
                     or instruction that is determined to be part of a
                     secondary course for the purposes of that section; and

                (B)  does not include a payment made in respect of a child or
                     children wholly or substantially dependent on the person
                     who received the benefit; or

        (ii)   if a benefit received as a grant of Education Assistance under
               Part III of the Student Assistance Act 1973, being a benefit
               that is granted in respect of the undertaking of a course of
               study or instruction that is determined to be a secondary
               course for the purposes of section 10 of that Act or in respect
               of the undertaking of a part of a course of study or
               instruction that is determined to be part of a secondary course
               for the purposes of that section, includes a payment made in
               respect of a child or children wholly or substantially
               dependent on the person who received the benefit-so much of the
               benefit as exceeds the amount paid in respect of the child or
               children; and".