Commonwealth Numbered Regulations

1986 No. 382 STUDENT ASSISTANCE REGULATIONS (AMENDMENT) - REG 3

3. Regulation 29 of the Principal Regulations is amended -
(a) by omitting from sub-regulation (1) the definition of "gross income" and
substituting the following definition:

"'income', in relation to a person in relation to a period, includes -

   (a)  any amount that in respect of that period is assessable income of that
        person under the Income Tax Assessment Act, other than any amount that
        is an allowable deduction under sections 51 to 54 (inclusive) of that
        Act;

   (b)  any amount of income of that person derived from a source out of
        Australia that in respect of that period would be assessable income of
        that person under that Act if that income were derived from a source
        in Australia, other than any amount that would be an allowable
        deduction under those sections if that income were derived from a
        source in Australia;

   (c)  any amount payable for the maintenance of that person or a dependant
        of that person; and

   (d)  any amount payable on behalf of, or for the benefit of, another
        person, and excludes any amount payable to that person -

   (e)  as an allowance under Part V, VI or VIB of the Social Security Act;

   (f)  as a pension under Part VIA of the Social Security Act;

   (g)  as rent assistance under the Social Security Act;

   (h)  as educational assistance payable in respect of another person;

        (i)    as domiciliary nursing care benefit under Part VB of the
               National Health Act 1953; or

   (j)  that is payable -

        (i)    under section 21 of the Child Welfare Ordinance 1957 of the
               Australian Capital Territory in respect of the care of a ward;
               or

        (ii)   under a corresponding provision of a law of a State or the
               Northern Territory in respect of the care of a ward;"; and

   (b)  by omitting sub-regulation (12) and substituting the following
        subregulation:

"(12) For the purposes of this Part, a reference to the income of a person
shall be read as a reference to the income that the person derives within the
meaning of the Income Tax Assessment Act.".