Compensation (Japanese Internment) Act 2001
No. 41, 2001
Compilation No. 2
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Compensation (Japanese Internment) Act 2001 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Definitions
4 Eligibility for compensation payment
5 Amount of compensation payment
6 Claims
7 Determination of claims
8 Death of eligible person
9 Application of certain provisions of the Veterans’ Entitlements Act
10 Recovery of overpayments
11 Exemption from income tax
12 Assets test
13 Appropriation of Consolidated Revenue Fund
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to provide for compensation payments in respect of certain persons interned by Japanese military forces, and for other purposes
1 Short title
This Act may be cited as the Compensation (Japanese Internment) Act 2001.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Definitions
In this Act, unless the contrary intention appears:
civilian means a person who is not a veteran.
Commission means the Repatriation Commission referred to in the Veterans’ Entitlements Act.
compensation payment means a payment under this Act.
designated war period means the period beginning on 7 December 1941 and ending at the end of 29 October 1945.
eligible person means a person who is eligible for a compensation payment.
interned means:
(a) confined in a camp, building, prison or other place (including a vehicle); or
(b) restricted to residing within…
Overview
The Compensation (Japanese Internment) Act 2001, enacted by the Commonwealth Parliament, was introduced to address the need for providing compensation to individuals who were interned by Japanese military forces during the designated war period from 7 December 1941 to 29 October 1945. This legislation aims to acknowledge and redress the suffering and injustice faced by civilians and veterans who were interned, offering them a form of recognition and financial compensation. The Act ensures that eligible individuals or their estates receive a one-off compensation payment of $25,000 and outlines the process for making claims, including the roles of the Repatriation Commission and the Administrative Review Tribunal in assessing and reviewing claims. Additionally, the Act specifies the conditions under which compensation payments are exempt from income tax and how these payments affect the eligibility for other social security benefits. The overarching policy objective is to provide a measure of redress and closure for those affected by the internment during the Second World War.
Scope and Application
The Compensation (Japanese Internment) Act 2001 applies to individuals who were interned by Japanese military forces during the designated war period from 7 December 1941 to 29 October 1945. The Act provides for compensation payments to eligible individuals or their partners if certain criteria are met. Specifically, civilians or veterans who were interned and were domiciled in Australia immediately before the internment may be eligible for a compensation payment. The Act excludes individuals who are already receiving payments under the Veterans’ Entitlements (Compensation—Japanese Internment) Regulations 2001 and limits the compensation to one payment per eligible individual. The compensation payment is a one-off amount of $25,000, exempt from income tax. The Act applies nationally across Australia and extends to the territories. The application of the Act may be further defined through regulations made under the authority of the Act, although no such regulations have been noted in this compilation. The provisions of the Veterans’ Entitlements Act apply to this Act in specified respects, and any overpayments under the Act may be recovered by the Commonwealth.
Key Provisions
- The Compensation (Japanese Internment) Act 2001 provides for compensation payments for individuals who were interned by Japanese military forces during the designated war period (sections 4 and 5). The Act specifies that eligible persons include partners of deceased veterans and civilians, civilians interned in their own right, and partners of deceased civilians interned (section 4). The compensation payment is a one-off amount of $25,000 (section 5). Claims for compensation must be made according to procedures determined by the Secretary, with decisions on claims being made by the Commission and subject to review by the Tribunal (sections 6 and 7). If an eligible person dies before receiving the payment, it is to be made to their estate (section 8). The Act also incorporates certain provisions of the Veterans' Entitlements Act and applies an assets test to reduce the value of assets for veterans' and social security purposes (sections 9, 12).
- The Act imposes several obligations on the parties it governs. Claimants must adhere to the procedures for making claims as determined by the Secretary (section 6). The Commission is responsible for deciding on claims, and the Tribunal can review Commission decisions (section 7). The Commonwealth has the right to recover any overpayments made under the Act through a court of competent jurisdiction (section 10). Compensation payments are exempt from income tax (section 11). The Act also mandates the reduction of asset values for the purposes of the Veterans' Entitlements Act and social security law when compensation or Regulations payments are received (section 12).
- The Act provides for various consequences in the event of a breach. Overpayments made under the Act can be recovered by the Commonwealth (section 10). While specific penalties for non-compliance are not detailed in the text, the Act implies that failing to adhere to the claim procedures or providing false information could result in legal consequences, including potential recovery of payments. The Act also specifies that compensation payments are exempt from income tax, which has implications for the tax obligations of recipients (section 11).
- Area of Law
- Compensation Law
- Human Rights Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Eligibility for compensation payment
- Compensation (Japanese Internment) Act 2001
- Amount of compensation payment
- Claims
- Exemption from income tax
