Exempt Lump Sum (Queensland Indigenous Reparation Payment) Determination 2005 (Dest) (Cth)

Commonwealth of Australia

Social Security Act 1991

Education, Science and Training Exempt Lump Sum (Queensland Indigenous Reparation payment )Determination[1]  2005

[1] This instrument has effect in relation to provisions of the Social Security Act 1991 in so far as they relate to matters for which the Department of Education, Science and Training has responsibility under the Administrative Arrangements Order made on 16 December 2004.

I, BILL BURMESTER, Acting Secretary of the Department of Education, Science and Training, make this determination under paragraph 8(11) (d) of the Social Security Act 1991.

Dated       8 July     2005

Bill Burmester

Acting Secretary of the Department of Education Science and Training

Part 1         Preliminary

1                 Name of determination

This determination is the Exempt Lump Sum (Queensland Indigenous Reparation Payment) Determination 2005.

1. Commencement

This determination applies from 7 March 2003.

3.                Interpretation

Act means the Social Security Act 1991;

Queensland Government Indigenous Wages and Savings Reparations Process means a process by the Queensland Government to offer monetary compensation to certain individual Aborigines and Torres Strait Islanders (and any other persons) whose wages and salaries were controlled under a Queensland Government legislative regime known as ‘the Protection Acts’ during the period 1897 to 1986;

reparation payment means a payment made by the State Government of Queensland in respect of the Indigenous Wages and Savings Reparation Process.

social security payment has the same meaning as in the Social Security Act 1991.

4.                Revocation

This determination revokes the Social Security Exempt Lump Sum Determination Number 2 of 2003 of 7 March 2003 made under paragraph 8(11)(d) of the Social Security Act 1991.

Part 2.        Exempt Lump Sums

5.                Amount or class of amounts

(1)Paragraph 8(11)(d) of the Act provides that the Secretary may determine that an amount or class of amounts received by a person, is an exempt lump sum.

(2)If a person accepts a reparation payment then, subject to paragraph 6 of this determination, the payment is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the amount was received. 

6.                Application- Exempt Lump Sums

I determine that an amount, or class of amounts paid, to a person under the Queensland Government Indigenous Wages and Savings Reparations Process is an exempt lump sum for the purposes of paragraph 8(11)(d) of the Act from the date that the payment is made.