Commonwealth Numbered Regulations

1988 No. 42 FAMILY LAW REGULATIONS (AMENDMENT) - REG 1

1. After regulation 12 of the Family Law Regulations the following regulations
are inserted: Prescribed pensions, allowances or benefits-subsection 4 (1) of
the Act

"12A. For the purposes of the definition of 'income tested pension, allowance
or benefit' in subsection 4 (1) of the Act, each of the following pensions,
allowances or benefits is prescribed:

   (a)  a service pension within the meaning of Part III of the Veterans' 
        Entitlements Act 1986 ;

   (b)  an age pension, invalid pension, wife's pension, widow's pension,
        carer's pension or supporting parent's benefit within the meaning of
        the Social Security Act 1947;

   (c)  a remote area allowance under Part III of that Act;

   (d)  an incentive allowance under section 31 or 143 of that Act;

   (e)  rent assistance under section 36, 50 or 120 of that Act;

   (f)  a funeral benefit under Part VIII of that Act;

   (g)  an unemployment benefit under section 116 of that Act;

   (h)  a sickness benefit under section 117 of that Act;

   (i)  a job search allowance under section 117A of that Act;

   (j)  the additional benefit applicable under subsection 118 (8) of that Act
        to a person to whom subsection 118 (9) of that Act applies;

   (k)  a special benefit under Division 6 of Part XIII of that Act;

   (l)  a sheltered employment allowance under Part XIV of that Act;

   (m)  a mobility allowance under Part XV of that Act;

   (n)  a rehabilitation allowance within the meaning of Part XVI of that Act;

   (o)  a special temporary allowance under section 172 of that Act;

   (p)  an allowance under the Aboriginal Study Assistance Scheme referred to
        in paragraph (b) of the definition of 'prescribed educational scheme'
        in subsection 136 (4) of that Act, to the extent that that scheme
        applies to full-time students;

   (q)  so much of an allowance under the Assistance for Isolated Children
        Scheme referred to in paragraph (f) of the definition of 'prescribed
        educational scheme' in subsection 136 (4) of that Act that is payable
        in addition to the minimum amount payable in respect of that
        allowance;

   (r)  a benefit under the New Enterprise Incentive Scheme referred to in
        subparagraph 178 (1) (a) (ii) of that Act;

   (s)  an allowance in respect of Education Assistance under Part III of the
        Student Assistance Act 1973, other than an allowance payable to a new
        pensioner student within the meaning of Part III of the Student
        Assistance Regulations;

   (t)  a living allowance for an English as a Second Language course at a
        Technical and Further Education institution, administered by the
        Department of Employment, Education and Training;

   (u)  an allowance known as a formal training allowance, being an allowance
        under any of the programs known as the Labour Market Programs,
        administered by the Department of Employment, Education and Training.
        Prescribed law of State or Territory-section 60 of the Act

"12B. (1) For the purposes of the definition of 'child welfare law' in section
60 of the Act, each of the following classes of laws is prescribed, namely,
any law of:

   (a)  the State of New South Wales;

   (b)  the State of Victoria;

   (c)  the State of Queensland;

   (d)  the State of Western Australia;

   (e)  the State of South Australia;

   (f)  the State of Tasmania;

   (g)  the Australian Capital Territory;

   (h)  the Northern Territory; or

   (i)  the Territory of Norfolk Island; that relates to the imprisonment,
        detention or residence of a child upon being dealt with for a criminal
        offence.

"(2) For the purposes of the definition of 'child welfare law' in section 60
of the Act, each law specified in Column 2 of an item in Schedule 5, being a
law of the State or Territory specified in Column 3 of that item, is
prescribed. Prescribed law-subsection 60B (1) of the Act

"12C. Each of the laws specified in Column 2 of an item in Schedule 6, being a
law of the Commonwealth, a State or a Territory as set out in Column 3 of that
item, is a prescribed law for the purposes of subsection 60B (1) of the Act.
Prescribed States or Territories-subsection 67 (1A) of the Act

"12D. For the purposes of subsection 67 (1A) of the Act, each of the following
States or Territories is a prescribed State or Territory:

   (a)  the State of New South Wales;

   (b)  the State of Victoria;

   (c)  the State of South Australia;

   (d)  the State of Tasmania;

   (e)  the Australian Capital Territory;

   (f)  the Northern Territory;

   (g)  the Territory of Norfolk Island.".