Commonwealth Numbered Regulations

AUSTUDY REGULATIONS (AMENDMENT) 1998 No. 132 - REG 3

3.1 Subregulation 86 (8): Omit the subregulation, substitute:

"(8) If a student's parent is an employee who gives the Department a written
statement by the parent's employer (or each of the parent's employers) of the
amount mentioned in subregulation (8A) (the notional fringe benefits amount),
that amount is taken to be the value of the fringe benefits received by the
parent:

   (a)  if the event mentioned in paragraph 109 (1) (d) happens in relation to
        the studentÑin the fringe benefits year ending in the year of study;
        and

   (b)  if that event does not happenÑin the most recent fringe benefits year
        ending before the year of study.

"(8A) The notional fringe benefits amount is the amount, or the total of the
amounts, for which tax:

   (a)  is payable under the Fringe Benefits Tax Assessment Act 1986 by the
        employer or employers for any fringe benefits described in
        subregulation (9) that are provided by the employer or employers to
        the parent; or

   (b)  would have been so payable if:

        (i)    the fringe benefits were not exempt benefits under section 57
               or 57A of that Act; or

        (ii)   the employer, or employers, were not a rebatable employer, or
               rebatable employers, for section 65J of that Act.".

3.2 Subregulation 86 (10): Insert the following definition:

"employee includes a person who:

   (a)  held or holds an office or position under the Constitution or a
law of the Commonwealth, a State or a Territory; and

   (b)  was or is a member of the Commonwealth Parliament, a State
Parliament or a Territory legislature.".