Commonwealth Numbered Regulations

1988 No. 346 STUDENT ASSISTANCE REGULATIONS (AMENDMENT) - REG 5

5. Regulation 29 of the Principal Regulations is amended:
(a) by omitting paragraph (b) of the definition of "income" in subregulation
(1) and substituting the following paragraph:

"(b) in relation to the spouse or a parent of a grantee in relation to a
period, means the sum of:

        (i)    the spouse's or parent's taxable income within the meaning of
               subsection 6 (1) of the Income Tax Assessment Act;

        (ii)   any amount received by the spouse or parent for his or her
               maintenance or the maintenance of a dependant of that spouse or
               parent; and

        (iii)  income of the spouse or parent that is derived from a foreign
               country, not being income referred to in subparagraph (i) or an
               amount referred to in subparagraph (ii), on which income tax is
               payable under a law of that or any other foreign country;";

   (b)  by inserting in subregulation (1) the following definitions:

" 'ESL course' means a course of study of English as a second language that is
an approved course;
'year 9 level', in relation to study in a course of secondary education at an
educational institution, means study at a level referred to in paragraph 34E
(4) (a);";

   (c)  by omitting subregulations (5), (6), (7), (8) and (9) and substituting
        the following subregulations:

"(5) For the purposes of this Part, an ESL course shall be taken to be at year
9 level.

"(6) For the purposes of this Part, a child shall not be taken to be wholly or
substantially dependent on a person only because the person pays for the
maintenance of the child.".