Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989 (Cth)
Social Security and Veterans’ Affairs Legislation Amendment Act (No. 4) 1989
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
3. Application
4. Savings
PART 2—AMENDMENTS OF HEALTH INSURANCE ACT 1973
5. Principal Act
6. Interpretation
7. Insertion of new section:
4d. Disadvantaged persons, being certain former recipients of sole parent’s pension, unemployment benefit or job search allowance
8. Disadvantaged persons, being persons in receipt of unemployment benefit or job search allowance
9. Disadvantaged persons, being persons in receipt of special benefit
10. Declarations of person to be disadvantaged person not to overlap
PART 3—AMENDMENTS OF NATIONAL HEALTH ACT 1953
11. Principal Act
12. Interpretation
TABLE OF PROVISIONS
Section
PART 4—AMENDMENTS OF SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
13. Principal Act
14. Interpretation
15. Allowance for attendant
16. Insertion of new section:
24b. Bereavement payment in respect of disabled Australian mariners
17. Insertion of new section:
54a. Pension, benefit or allowance may be paid to bank etc.
18. Order for repayment of pension etc.
19. Schedule 2—Attendant allowance
PART 5—AMENDMENTS OF SOCIAL SECURITY ACT 1947
20. Principal Act
21. Interpretation
22. Calculation of value of property
23. Special provisions relating to residents of retirement villages
24. Pension loans scheme
25. Disposal of income or property
26. Financial hardship
27. Indexation
28. Certain persons to be disregarded for certain purposes
29. Earnings credit
30. Insertion of new Division:
12aa. Application of Division
12ab. Conversion of foreign currency amounts
12ac. Base exchange rate
12ad. Re-assessed exchange rate
12ae. Rounding off of exchange rates
31. Interpretation etc.
32. Insertion of new section:
12ba. Superannuation benefits received before pensionable age
33. Insertion of new section:
12bb. Immediate annuities and superannuation pensions
34. Secrecy
35. Qualifications for invalid pension
36. Rate of pension
37. Indexation of certain rates
38. Insertion of new section:
34b. Indexation of income test ‘free area’
39. Calculation of income in respect of children
40. Rent assistance
41. Interpretation
42. Sole parents required to claim maintenance in some cases
43. Rent assistance
44. Amount in respect of person’s income or assets
45. Repeal of Part VIII and substitution of new Part:
PART VIII—BEREAVEMENT PAYMENTS
66. Entitlement of surviving pensioner on death of pensioner spouse
67. Entitlement of carer on death of person cared for
68. Entitlement of sole parent pensioner on death of qualifying child
69. Entitlement of parent or guardian on death of dependent child
70. Entitlement of estate of deceased pensioner
71. Part applies in spite of section 168
46. Rate of allowance
TABLE OF PROVISIONS
Section
47. Interpretation
48. Repeal of section 81
49. Qualification for family allowance
50. Family allowance not payable in respect of certain student children
51. Income test for family allowances
52. Amount of family allowance
53. Qualification for double orphan’s pension
54. Application of Part X
55. Qualification for allowance
56. Interpretation
57. Work test not required to be satisfied by certain persons in full-time training or voluntary work
58. Insertion of new section:
116b. Work test not required to be satisfied by certain older persons in full-time training or voluntary work or in substantial part-time work
59. Rate of unemployment and sickness benefit
60. Indexation of unemployment and sickness benefits etc.
61. Rent assistance
62. Parental income test
63. Income and assets test
64. Waiting period
65. Benefit not payable to full-time students
66. Incentive allowance
67. Incentive allowance
68. Reductions in rate of pension
69. Claims
70. Cancellation, suspension or variation of pension etc.
71. Some decisions are not reviewable by the Social Security Appeals Tribunal
72. The Social Security Appeals Tribunal’s powers on review
73. Repeal of section 237
74. Employment entry payment—unemployment benefit recipients
75. Insertion of new section:
237b. Employment entry payment—job search allowance recipients
76. Offences
77. Recovery of overpayments
78. Insertion of new section:
251a. Prescribed persons—means test for certain provisions of this Act and National Health Act
PART 6—AMENDMENTS OF SOCIAL SECURITY AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT 1988
79. Principal Act
80. Consequential amendments
PART 7—AMENDMENTS OF SOCIAL SECURITY AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT (No. 3) 1989
81. Principal Act
82. Reduction of rate by reference to taxable income
83. Notice to insurers
84. Pension, benefit or allowance may be paid to bank etc.
PART 8—AMENDMENTS OF VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT 1987
85. Principal Act
86. Repeal of transitional provisions
PART 9—AMENDMENTS OF VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT 1988
87. Principal Act
88. Application
TABLE OF PROVISIONS
Section
PART 10—AMENDMENTS OF VETERANS’ ENTITLEMENTS ACT 1986
89. Principal Act
90. Interpretation
91. Increased rates of pension in certain cases
92. Interpretation
93. Method of calculation of income
94. Insertion of new Division:
37aa. Application of Division
37ab. Conversion of foreign currency amounts
37ac. Base exchange rate
37ad. Re-assessed exchange rate
37ae. Rounding off of exchange rates
95. Repeal of section
37b and substitution of new section:
37b. Superannuation benefits received before pensionable age
96. Insertion of new section:
37ba. Immediate annuities and superannuation pensions
97. Eligibility for carer’s service pension
98. Claim for service pension etc.
99. Rate of veteran’s service pension
100. Rate of wife’s service pension
101. Earnings credit
102. Calculation of value of property
103. Special provisions relating to residents of retirement villages
104. Pension loans scheme
105. Disposal of property or income
106. Rent assistance
107. Insertion of new Division:
57a. Entitlement of surviving service pensioner on death of pensioner spouse
57b Entitlement of carer on death of veteran cared for
57c Entitlement of parent or guardian on death of dependent child
57d Entitlement of estate of deceased pensioner
57e Part applies in spite of section 58
108 Cancellation, suspension or variation of service pension
109 Repeal of section 65
110 Clothing allowance
111 Attendant allowance
112 Insertion of new section:
98a Bereavement payment in respect of disabled veterans
113 Funeral benefits—veterans
114 Funeral benefits—dependants of deceased veterans
115 Repeal of section 101
116 Recreation transport allowance
117 Application
118 Time for applying for funeral benefit
119 Review of decision etc.
120 Instalments of pension
121 Insertion of new section:
122a Pension, benefit or allowance may be paid to bank etc.
122 Pensions etc. absolutely inalienable
123 Variation of certain rates and amounts
124 Insertion of new sections:
198b Indexation of income test ‘free area’
198c. Indexation of employment amount
125 Recovery of overpayments
126 Order for repayment of pension etc.
127 Minor amendments
TABLE OF PROVISIONS—
continued
Section
PART 11—AMENDMENTS OF VETERANS’ ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986
128. Principal Act
129. Restrictions on dual pensions
130. Retrospective operation of decisions
131. Child of a person
132. Repeal of section 32
PART 12—AMENDMENTS OF WAR PRECAUTIONS ACT REPEAL ACT 1920
133. Principal Act
134. Regulations
SCHEDULE 1
AMENDMENTS OF SOCIAL SECURITY AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT 1988 RELATING TO RENT ASSISTANCE
SCHEDULE 2
MINOR AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
Social Security and Veterans’ Affairs Legislation Amendment Act (No. 4) 1989
An Act to amend legislation related to social security and veterans’ affairs, and for related purposes
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
section 108 apply in relation to payments that fall due on or after 1 February 1990.
(a) the person has no dependent child; or
(b) the person is no longer qualified to receive any kind of prescribed pension.
(a) the child stops being a dependent child; or
(b) the person is no longer qualified to receive any of the following:
(i) pension under Part IV or V or Schedule 1b
; (ii) allowance under Part VI, XIV or XVI; of that Act.
(3) Where, immediately before the commencement of paragraph 99 (e), the rate at which a pension or allowance was payable to a person included an amount under paragraph 47 (3) (e) of the
(a) the person has no dependent child; or
(b) the person is no longer entitled to receive any kind of pension or allowance under Part III of that Act.
(a) the child stops being a dependent child; or
(b) the person is no longer entitled to receive any kind of pension or allowance under Part III of that Act.
(5) In this section:
“dependent child” means:(a) in relation to the operation of the
Social Security Act 1947 —a child of the kind described in paragraph (b) of the definition of “dependent child” in subsection 3 (1) of that Act; and(b) in relation to the operation of the
Veterans’ Entitlements Act 1986 —a child who is a dependant of the veteran and who is wholly or substantially dependent on the veteran.
“4d. (1) This section applies to a person who is in receipt of:
(a) sole parent’s pension; or
(b) unemployment benefit; or
(c) job search allowance;
under the
“(2) Where the person:
(a) commences full-time employment; and
(b) has been:
(i) where the person is in receipt of sole parent’s pension—a qualified recipient; or
(ii) where the person is in receipt of unemployment benefit or job search allowance—an unemployment beneficiary;
for a continuous period of 12 months immediately before becoming so employed; and
(c) because of becoming so employed, or because of the resulting increase in the person’s income, the person stops being a person to whom this section applies;
the person is a disadvantaged person in respect of the period of 6 months after the person stops being a person to whom this section applies.
“(3) In this section:
‘qualified recipient’ means a person who is in receipt of:(a) invalid pension; or
(b) wife’s pension; or
(c) carer’s pension; or
(d) rehabilitation allowance; or
(e) sheltered employment allowance;
under the
Social Security Act 1947 ;
‘unemployment beneficiary’ means a person who is in receipt of:(a) unemployment benefit; or
(b) job search allowance;
under the
Social Security Act 1947. ”.
8. Section 5d of the Principal Act is amended:
(a) by inserting in paragraph (1) (a) “and” after “person;”;
(b) by omitting paragraph (1) (b);
(c) by inserting in paragraph (1a) (a) “and” after “person;”;
(d) by omitting from paragraph (1a) (b) “and”;
(e) by omitting paragraph (1a) (c);
(f) by omitting subsections (2), (3), (5) and (6).
(a) by inserting in paragraph (1) (a) “and” after “benefit;”;
(b) by omitting from paragraph (1) (aa) “and”;
(c) by omitting paragraph (1) (b);
(d) by inserting in paragraph (3) (a) “and” after “person;”;
(e) by omitting from paragraph (3) (b) “and”;
(f) by omitting paragraph (3) (c);
(g) by omitting subsections (5), (6), (7), (9) and (10) and substituting the following subsection:“(5) Where, at any time after 14 November 1983:
(a) a person is paid a special benefit in respect of a period of 2 weeks; and
(b) at the time of that payment, a declaration under this section in respect of the person is not in force;
the Secretary to the Department of Social Security must declare the person to be a disadvantaged person within the meaning of this section in respect of a period specified in the declaration, being a period of 12 weeks commencing on the date of payment.”.
“(2) Nothing in section 5d or 5e requires the making of a declaration with respect to a person under that section in respect of any day on which the person is a pensioner within the meaning of the
(a) by omitting “supporting parent’s benefit” from paragraph (a) of the definition of “pensioner” in subsection (1) and substituting “sole parent’s pension”;
(b) by omitting “83ca” from paragraph (a) of the definition of “pensioner” in subsection (1) and substituting “251a”;
(c) by inserting after subparagraph (aa) (ii) of the definition of “pensioner” in subsection (1) the following word and subparagraph:“or (iii) who has turned 60, is in receipt of unemployment benefit or special benefit under the
Social Security Act 1947 and has been a social security beneficiary for a continuous period of at least 12 months;”;
(d) by inserting in subsection (1) the following definition:“
‘social security beneficiary’ means:(a) a person who is in receipt of unemployment benefit, sickness benefit or special benefit under the
Social Security Act 1947 ; or(b) a person who is in receipt of a rehabilitation allowance under the
Social Security Act 1947 and was, immediately before becoming eligible to receive that allowance, eligible to receive sickness benefit under that Act;”.
(a) by omitting “, a benefit under Part VI or XIII” from the definition of “child” in subsection (1) and substituting “or Schedule 1b, an allowance under Part VI, a benefit under Part XIII”;
(b) by inserting in subsection (1) the following definitions:“
‘account’, in relation to a credit union or building society, means an account maintained by a person with the credit union or building society to which are credited moneys received on deposit by the credit union or building society from that person;
‘building society’ means an organisation registered as a permanent building society under a law of a State or Territory;
‘credit union’ means an organisation registered as a credit union under a law of a State or Territory;”.
(a) by omitting from subsection (2)”$72.60” and substituting “$78.20”;
(b) by adding at the end the following subsection:“(11) An allowance under this section is not payable to an Australian mariner where a carer’s service pension under section 41 of the
Veterans’ Entitlements Act 1986 :(a) is payable; or
(b) would be payable, but for action that has been taken pursuant to paragraph 58 (1) (b) or subsection 205 (2) of that Act;
to a person because the person is caring for the Australian mariner.”.
“24b. (1) This section applies where a married Australian mariner who is in receipt of a disability pension dies.
“(2) The widow or widower of the deceased Australian mariner is entitled, in respect of the period of 12 weeks after the deceased Australian mariner’s death, to payments at:
(a) the rate at which the disability pension would have been payable to the deceased Australian mariner, if he or she had not died, on the
first available pension pay day after the Commission becomes aware of the death; or
(b) the general rate in force on that pension pay day;
whichever is lower.
“(3) Where:
(a) the widow or widower dies within 12 weeks after the death of the deceased Australian mariner; and
(b) the Commission has not become aware of the death of the deceased Australian mariner before the death of the widow or widower;
there is payable, to such person as the Commission thinks appropriate, in respect of the deceased Australian mariner, an amount worked out using the formula:
where:
‘Deceased Australian mariner’s amount’ means:(a) the amount of disability pension that would have been payable to the deceased Australian mariner, if he or she had not died, on the first available pension pay day after the death of the widow or widower; or
(b) the amount that would have been payable to the deceased Australian mariner, if he or she had not died, on the first available pension pay day after the death of the widow or widower, at the general rate in force on that pension pay day;
whichever is lower.
“(4) Subsection (2) does not apply:
(a) if the Commission does not become aware of the Australian mariner’s death until after the death of the widow or widower; or
(b) in respect of any pension pay day after the death of the widow or widower.
“(5) Where:
(a) within the period of 12 weeks after the death of an Australian mariner, an amount to which the Australian mariner would have been entitled if he or she had not died has been paid by way of a disability pension into an account with a bank, credit union or building society (in this subsection called the
‘financial institution’ ); and(b) this section applies in relation to the death of the Australian mariner; and
(c) the financial institution pays to the widow or widower of the deceased Australian mariner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (a);
then, in spite of anything in any other law, the financial institution is not liable to the Commonwealth, the personal representative of the deceased Australian mariner, or anyone else, for any loss incurred because of the payment of that money to the widow or widower.
“(6) In this section:
‘disability pension’ means a pension under Part III, other than a pension payable to a person as a dependant of a deceased Australian mariner;
‘first available pension pay day’, in relation to the death of an Australian mariner, means the first pension pay day after the Commission becomes aware of the death for which it is practicable to terminate or adjust the payments being made by way of disability pension in respect of the deceased Australian mariner;
‘general rate’ means the rate specified in column 3 of Schedule 1;
‘married Australian mariner’ means an Australian mariner who, if he or she were a veteran, would be a married veteran for the purposes of Part III of theVeterans’ Entitlements Act 1986 ;
‘pension pay day’ means a day that is a pension pay day for the purposes of theVeterans’ Entitlements Act 1986 ;
‘widow’ has the same meaning as it has in Part III of theVeterans’ Entitlements Act 1986 ;
‘widower’ has the same meaning as it has in theVeterans’ Entitlements Act 1986. ”.
“54a. (1) The Commission may direct that the whole or a part of the amount of a pension is to be paid, at such intervals as it directs, to the credit of an account nominated from time to time by the pensioner, being an account maintained by the pensioner, either alone or jointly or in common with another person, with a bank, credit union or building society, and payment is to be made accordingly.
“(2) In this section:
‘pension’ means a pension or allowance under this Act;
‘pensioner’ means a person to whom a pension is payable, whether on his or her own behalf or on behalf of another person.”.
(a) by adding at the end the following subsections:“(3) Where:
(a) the Court makes an order under subsection (1) for the payment to the Commonwealth of an amount of money; and
(b) the clerk, or other appropriate officer, of the Court signs a certificate specifying:
(i) the amount ordered to be paid to the Commonwealth; and
(ii) the person by whom the amount is to be paid; and
(c) the certificate is filed in a court (which may be the Court) having civil jurisdiction to the extent of the amount to be paid;
the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.
“(4) In spite of anything in this Act or any other law, a person is not to be imprisoned in respect of a failure to pay an amount payable to the Commonwealth under this section.”;
(b) by adding at the end the following subsections:“(5) Where:
(a) a person is convicted of an offence against subsection 58 (1) or (2); and
(b) the Court orders him or her to pay an amount of more than $30,000 to the Commonwealth under subsection (1); and
(c) the offence involved a scheme to defraud the Commonwealth;
the Court may, on application by the Commonwealth, order the person to pay to the Commonwealth interest on the amount mentioned in paragraph (b), at the rate of 20% per annum, in respect of the period or periods in respect of which the person was paid pension, allowance or other pecuniary benefit as mentioned in subsection (1).
“(6) In this section:
‘scheme to defraud the Commonwealth’ includes either of the following:(a) a scheme involving the making of a series of false or misleading statements;
(b) a scheme involving obtaining a series of payments of pension, allowance or other pecuniary benefit or instalments of pension, allowance or other pecuniary benefit under this Act (being payments that were not
payable) by means of impersonation or a fraudulent device.”.
(a) by omitting “72.60” (wherever occurring) and substituting “78.20”;
(b) by omitting “145.20” (wherever occurring) and substituting “156.40”.
(a) by inserting after paragraph (aa) of the definition of “income” in subsection (1) the following paragraphs:“(ab) in the case of an umarried person—an amount or amounts paid to or on behalf of the person on or after 1 November 1989 under an agreement under which repayment of the amounts is secured by a mortgage of the person’s principal home, to the extent that the total amount owed by the person from time to time under such agreements does not exceed $40,000;
(ac) in the case of a married person—an amount or amounts paid to or on behalf of the person or his or her spouse on or after 1 November 1989 under an agreement under which repayment of the amounts is secured by a mortgage of the principal home of the person or the spouse, to the extent that the total amount owed by the person and the spouse from time to time under such agreements does not exceed $40,000;”;
(b) by inserting after paragraph (ac) of the definition of “income” in subsection (1) the following paragraph:“(ad) where the person has not reached pensionable age—any return on a compulsorily preserved superannuation benefit of the person;”;
(c) by inserting after paragraph (n) of the definition of “income” in subsection (1) the following paragraph:“(na) a payment received by a trainee in part-time training under a program included in the programs known as the Labour Force Programs, where the trainee is also in receipt of:
(i) a pension under Part IV or V; or
(ii) an allowance under Part XIV or XVI;”;
(d) by omitting paragraph (q) of the definition of “income” in subsection (1) and substituting the following paragraph:“(q) a payment (other than a periodical payment or a payment representing an accumulation of instalments) made for or in respect of expenses incurred by a person for hospital, medical, dental or similar treatment;”;
(e) by omitting subparagraphs (s) (vi) and (vii) of the definition of “income” in subsection (1) and substituting the following subparagraphs:“(vi) Victoria Cross allowance under section 103 of that Act;
(vii) clothing allowance under section 97 of that Act;
(viii) a bereavement payment under Division 5a of Part III, or section 98a of that Act;
(ix) a funeral benefit under Part VI of that Act;
(x) a bereavement payment under section 24b of the
Seamen’s War Pensions and Allowances Act 1940 ; or(xi) a funeral benefit under the Seamen’s War Pensions and Allowances Regulations;”;
(f) by omitting paragraph (u) of the definition of “income” in subsection (1) and substituting the following paragraph:“(u) the value of any board or lodging received by the person;”;
(g) by inserting after paragraph (b) of the definition of “ineligible property owner” in subsection (1) the following paragraph:“(ba) who:
(i) is a married person; and
(ii) is in approved respite care and has remained, or the Secretary is satisfied is likely to remain, in that care for at least 14 consecutive days;”;
(h) by inserting after paragraph (c) of the definition of “market-linked investment” in subsection (1) the following word and paragraph:“or (ca) a superannuation benefit vested in a person held in a superannuation fund (unless a superannuation pension funded by that benefit is presently payable to the person);”;
(j) by omitting paragraph (d) of the definition of “rent” in subsection (1) and substituting the following:“(d) at regular intervals greater than 3 months, if the Secretary is satisfied the amounts should be treated as rent for the purposes of this Act;
and includes amounts payable by a married person or his or her spouse for approved respite care for the married person in a nursing home, where the person has remained, or the Secretary is satisfied that the person is likely to remain, in that care for at least 14 consecutive days;”;
(k) by inserting “(including an investment in the nature of superannuation)” after “investment” (first occurring) in the definition of “return” in subsection (1);
(m) by omitting the definition of “dependent child” in subsection (1) and substituting the following definition:“
‘dependent child’ , in relation to a person, means:(a) in section 4a and in the definitions of ‘annual maintenance free area’, ‘in-kind maintenance income’, ‘maintenance income’ and ‘special maintenance income’ in this subsection:
(i) a child under the age of 16 years who:
(a) is in the custody, care and control of the person; or
(b) where no other person has the custody, care and control of the child—is wholly or substantially in the care and control of the person; or
(ii) a student child, not being the spouse of the person, who is wholly or substantially dependent upon the person; or
(b) elsewhere in this Act:
(i) a child referred to in subparagraph (a) (i) who:
(a) is in full-time education; or
(b) is not in receipt of income from employment exceeding $100 per week; or
(ii) a student child referred to in subparagraph (a) (ii);”;
(n) by omitting the definition of “prescribed student child” in subsection (1) and substituting the following definition:“
‘prescribed student child’ , in relation to a person, means a dependent child of the person who is over 16 and who is qualified to receive payments under a prescribed educational scheme;”;
(o) by inserting in subsection (1) the following definition:“
‘pensionable age’ means:(a) for a woman—60 years of age; and
(b) for a man—65 years of age;”;
(p) by inserting in subsection (1) the following definitions:“
‘pensioner couple’ , in Part VIII, means:(a) 2 social security pensioners each of whom is a married person because of being the spouse of the other pensioner; or;
(b) a social security pensioner and a veterans pensioner each of whom is a married person because of being the spouse of the other pensioner;
‘social security pensioner’ , in Part VIII, means:(a) a person who is in receipt of a pension under Part IV; or
(b) a person referred to in paragraph (d) of the definition of ‘single person’ in subsection 43 (1) who is in receipt of a pension under Part V; or
(c) a person who is in receipt of an allowance under Part XIV or XVI instead of a pension under Part IV or V that the person is qualified to receive;
‘veterans pensioner’ , in Part VIII, means a person who is in receipt of:(a) a service pension; or
(b) a wife’s service pension; or
(c) a carer’s service pension;
under Part III of the
Veterans’ Entitlements Act 1986 ”;
(q) by inserting in subsection (1) the following definition:“
‘prescribed educational scheme’ means any of the following schemes:(a) the AUSTUDY scheme;
(b) the ABSTUDY Schooling scheme;
(c) the ABSTUDY Tertiary scheme;
(d) the Assistance for Isolated Children Scheme;
(e) the Veterans’ Children Education Scheme;
(f) the Post-Graduate Awards Scheme;”;
(r) by inserting in subsection (1) the following definitions:“
‘accruing return investment’ means an arrangement by a person that consists of or includes an investment of money, being an investment:(a) that produces:
(i) a fixed rate or quantifiable rate of return, whether or not that rate varies from time to time; or
(ii) a rate of return that may be reasonably approximated; and
(b) the value of which from time to time is unlikely to decrease as a result of market changes;
‘approved deposit fund’ has the meaning that it has in Subdivision AA of Division 2 of Part III of the Assessment Act;
‘Assessment Act’ means theIncome Tax Assessment Act 1936 ;
‘deferred annuity’ means an annuity that is a deferred annuity for the purposes of Subdivision AA of Division 2 of Part III of the Assessment Act;
‘determination of entitlement’ , in relation to a person, means a determination:(a) whether the person is qualified to receive a pension, benefit or allowance under this Act; or
(b) of the rate at which a pension, benefit or allowance under this Act is payable to the person;
‘eligible investment’ means an investment that satisfies all of the following conditions:(a) money or property invested is paid or transferred by the investor directly or indirectly to a body corporate or into a trust fund;
(b) the assets that represent money or property invested (in this definition called the
‘investment assets’ ) are held otherwise than in the names of investors;(c) the investor does not, either alone or jointly with a
relative or relatives of the investor, have effective control over the management of the investment assets;
(d) the investor has a legally enforceable right to share in any distribution of the income or profits derived from the investment assets;
‘friendly society’ means:(a) a society registered as a friendly society under a law in force in a State or Territory; or
(b) a society that had, before 13 December 1987, been approved for the purpose of the definition of ‘friendly society’ in subsection 115 (1);
and, for the purpose of the definition of ‘market-linked investment’ in this subsection, includes a society that has been approved for the purpose of the definition of ‘friendly society’ in subsection 115 (1) on or after 13 December 1987;
‘fund manager’ , in relation to an investment product, means the person or body specified, in relation to that investment product, in a notice under subsection 12b (2);
‘investment product’ means a class of market-linked investments specified in a notice under subsection 12b (2);
‘market-linked investment’ means:(a) an investment in:
(i) an approved deposit fund; or
(ii) a deferred annuity; or
(iii) a public unit trust; or
(iv) an insurance bond; or
(b) an investment with a friendly society; or
(c) an eligible investment other than an investment referred to in paragraph (a) or (b);
not being:
(d) an accruing return investment; or
(e) an investment consisting of the acquisition of real property, stock or shares;
‘public unit trust’ means a unit trust that:(a) except where paragraph (b) applies—was, in relation to the unit trust’s last year of income, a public unit trust for the purposes of Division 6b of Part III of the Assessment Act; or
(b) where the first year of income of the unit trust has not yet finished—has, at some time since the trust was established, satisfied at least one of the paragraphs of subsection 102g (1
) of the Assessment Act;
‘return’ , in relation to an investment, means any increase, whether of a capital or income nature and whether or not distributed, in the value or amount of the investment;
‘statutory rate of return’ , means 11% per annum or such lower percentage per annum as is specified in a notice in force under subsection 12e (1);”;
(s) by inserting in subsection (1) the following definitions:“
‘assessable growth component’ , in relation to an amount of superannuation benefit, means so much (if any) of the return as is attributable to the assessable period;
‘assessable period’ , in relation to a person, means any period during which the person received a prescribed pension, except any such period occurring before a continuous period of at least 2 years during which the person did not receive a prescribed pension;
‘compulsorily preserved superannuation benefit’ , in relation to a person, means a superannuation benefit of a person the person’s access to which is restricted pursuant to:(a) paragraph 23 (ja) of the Assessment Act as in force at any time before 18 December 1987; or
(b) section 23fb of the Assessment Act as in force at any time before 18 December 1987; or
(c) regulations made under section 7 or 8 of the
Occupational Superannuation Standards Act 1987 ; or(d) a provision of the trust deed or contract concerned that imposes restrictions corresponding to those imposed by a provision referred to in paragraph (c);
‘immediate annuity’ means an annuity that is presently payable;
‘superannuation benefit’ , in relation to a person, means a benefit arising directly or indirectly from amounts contributed (whether by the person or by any other person) to a superannuation fund in respect of the person;
‘superannuation fund’ means a superannuation fund as defined for the purposes of Subdivision AA of Division 2 of Part III of the Assessment Act, other than a fund covered by subparagraph (ia) of the definition of ‘superannuation fund’ in subsection 27a(1) of that Act;
‘superannuation pension’ has the same meaning as it has in Subdivision AA of Division 2 of Part III of the Assessment Act;”;
(t) by inserting in subsection (1) the following definitions:“
‘deductible amount’, in relation to an immediate annuity or a superannuation pension, is the amount that would be the deductible amount in relation to the annuity or superannuation pension in relation to a year of income under subsection 27h(2) of the Assessment Act if ‘undeducted purchase price’ had the same meaning in that subsection as ‘non-assessable purchase price’ has in this Act;
‘non-assessable purchase price’ :(a) in relation to an immediate annuity other than a roll-over immediate annuity—has the same meaning as ‘undeducted purchase price’ has in Subdivision AA of Division 2 of Part III of the Assessment Act; or
(b) in relation to a roll-over immediate annuity—means the roll-over purchase price; or
(c) in relation to a superannuation pension—has the same meaning as ‘undeducted purchase price’ has in Subdivision AA of Division 2 of Part III of the Assessment Act;
‘purchase price’ , in relation to an annuity, has the meaning that it has in Subdivision AA of Division 2 of Part III of the Assessment Act;
‘relevant number’ , in relation to an annuity, has the meaning that it has in section 27h of the Assessment Act;
‘residual capital value’ , in relation to an annuity, has the meaning that it has in Subdivision AA of Division 2 of Part III of the Assessment Act;
‘rolled-over amount’ , in relation to an annuity, has the meaning that it has in Subdivision AA of Division 2 of Part III of the Assessment Act;
‘roll-over immediate annuity’ , means an immediate annuity the purchase price of which consists wholly of a rolled-over amount or rolled-over amounts;
‘roll-over purchase price’ , in relation to a roll-over immediate annuity, means:(a) except where paragraph (b) applies—either the sum of the following amounts:
(i) the amount that would, under Subdivision AA of Division 2 of Part III of the Assessment Act, be the undeducted purchase price of the annuity;
(ii) the amount that is the upper limit under
section 159sg of the Assessment Act for the year of income in which the annuity was purchased;
or the purchase price of the annuity, whichever is less; or
(b) where:
(i) the roll-over immediate annuity, and another roll-over immediate annuity, have been purchased using the same rolled-over amount or rolled-over amounts in the name of the same person; and
(ii) the roll-over purchase price of the other rollover immediate annuity has previously been worked out under paragraph (a) for the purposes of this Act;
the amount that would, under Subdivision AA of Division 2 of Part III of the Assessment Act, be the undeducted purchase price of the annuity;”;
(u) by inserting in subsection (1) the following definitions:“
‘actual market exchange rate’ , in relation to a foreign currency, means the on-demand airmail buying rate in relation to that foreign currency available at the Commonwealth Bank of Australia;
‘applicable exchange rate’ , in relation to a foreign exchange period, means:(a) except where paragraph (b) applies—the base exchange rate worked out under section 12ac by reference to the actual market exchange rates available during a month of the year falling within the immediately preceding foreign exchange period; or
(b) if a re-assessed exchange rate is applicable under section 12ad—that re-assessed exchange rate;
‘foreign exchange period’ means:(a) each period starting at the beginning of a relevant period within the meaning of section 34 and ending on the day before the pension pay day that falls closest to the middle of that relevant period; and
(b) each period starting on a pension pay day referred to in paragraph (a) and ending on the day before the beginning of the next relevant period within the meaning of section 34;”;
(v) by inserting in subsection (1) the following definition:“
‘ABSTUDY scheme’ means the ABSTUDY scheme to the extent that it provides means-tested allowances;”;
(w) by inserting in subsection (1) the following definition:“
‘respite period’ , in relation to a person who is in approved respite care, means the period:(a) starting when the person is admitted to that care; and
(b) ending when the person:
(i) is discharged from that care; or
(ii) dies while still in that care;”;
(y) by inserting after subsection (2) the following subsections:“(2a) For the purposes of this Act, an annuity or superannuation pension is to be taken to be presently payable at all times after, but not before, the commencement of the first period in respect of which the annuity or superannuation pension is payable.
“(2b) For the purposes of the definition of ‘accruing return investment’ in subsection (1), a superannuation benefit vested in a person that is held in a superannuation fund is to be taken to be an investment of that person, unless a superannuation pension funded by that benefit is presently payable to the person.”;
(z) by inserting after subsection (4) the following subsection:“(4a) In paragraphs (ab) and (ac) of the definition of ‘income’ in subsection (1):
(a) a reference to an amount owed by the person or his or her spouse is a reference to the principal amount secured by the mortgage concerned and does not include a reference to any amount representing mortgage fees, interest or any similar liability the repayment of which is also secured by the mortgage; and
(b) a reference to a mortgage of the person’s principal home includes:
(i) a reference to a mortgage of property (being the person’s principal home) of which the person is not the sole owner; and
(ii) a reference to a mortgage of property (being the person’s principal home) of which the person’s spouse is an owner, even if the person has no beneficial interest in the property;
but does not include a reference to a mortgage of property in which neither the person nor his or her spouse has any beneficial interest.”;
“(13) For the purposes of the definition of ‘prescribed student child’ in subsection (1):
(a) except where paragraph (b) applies—a dependent child is qualified to receive a payment under a prescribed educational scheme if:
(i) the dependent child, or another person, is in receipt of such a payment in respect of the child; or
(ii) the Secretary has not formed the opinion that neither the dependent child nor any other person will, or would if an application were duly made, receive such a payment in respect of the child; or
(b) a dependent child is not qualified to receive a payment under a prescribed educational scheme if neither the dependent child nor any other person is in receipt of such a payment in respect of the child and the Secretary is satisfied that the amounts that would be payable under the prescribed educational scheme to or in respect of the dependent child are less than the total amounts that would, if the dependent child was not qualified to receive a payment under a prescribed educational scheme, be payable to or in respect of the dependent child by way of:
(i) additional pension under subsection 33 (3) or (4); and
(ii) additional pension under or by reference to section 49; and
(iii) family allowance supplement under Part IX; and
(iv) additional benefit under subsection 118 (5) or (11); and
(v) family allowance under Part X.”;
“(22) A person is to be taken for the purposes of this Act to be in approved respite care if the person is:
(a) a benefit respite care patient, or a leave respite care patient, as defined in the
National Health Act 1953 as modified by the National Health (Nursing Home Respite Care) Regulations; or(b) an eligible person as defined in the
Aged or Disabled Persons Homes Act 1954 occupying a respite care place as defined in that Act.”.
(a) by omitting subparagraph (1) (a) (iv) and substituting the following subparagraph:“(iv) the value of any superannuation pension, or of any other annuity except an annuity to which subsection (9a) applies;”;
(b) by inserting after subparagraph (1) (a) (iv) the following subparagraph:“(iva) any amount received by the person within the immediately preceding period of 90 days that is excluded from the definition of ‘income’ in subsection 3 (1) by paragraph (ab) or (ac) of that definition;”;
(c) by inserting after subparagraph (1) (a) (iva) the following subparagraph:“(ivb) where the person has not reached pensionable age—the value of any compulsorily preserved superannuation benefit of the person;”;
(d) by inserting after subsection (9) the following subsections:“(9a) This subsection applies to an annuity where:
(a) the Secretary decides under subsection (9b) that the annuity should not be disregarded under paragraph (1) (a) (iv); or
(b) the annuity is an immediate annuity purchased on or after 15 August 1989; or
(c) the annuity became presently payable on or after 15 August 1989.
“(9b) Where:
(a) an annuity is able to be disposed of; or
(b) a substantial part of the income under the annuity is or may be deferred;
the Secretary may decide that the annuity should not be disregarded under paragraph (1) (a) (iv).
“(9c) The value of an annuity described in paragraph (9a) (b) or (c) is:
(a) the amount worked out using the formula:
where:
‘PP’ [Purchase Price] means the purchase price of the annuity;
‘RCV’ [Residual Capital Value] means the residual capital value of the annuity;
‘RN’ [Relevant Number] means the relevant number in relation to the annuity;
‘YE’ [Years Elapsed] means the number of full years that have elapsed since the annuity became presently payable; or(b) the residual capital value of the annuity;
whichever is greater.”;
(e) by inserting after subsection (11) the following subsections:“(11a) Where:
(a) a determination of entitlement of a person has been made having regard to a relevant number in relation to an annuity, being a number that was determined as mentioned in paragraph (c) of the definition of ‘relevant number’ in section 27h of the Assessment Act; and
(b) the person appealed against the determination of the number; and
(c) on appeal, a lower number is substituted for the original relevant number;
the Secretary must make a new determination of entitlement having regard to the lower relevant number.
“(11b) Where the Secretary makes a new determination of entitlement under subsection (11a), there is payable to the person the amount worked out by using the formula:
where:
‘New amount’ means the amount of pension, benefit or allowance that would have been payable to the person at the new rate determined under subsection (11a) in respect of the period starting:(a) if the appeal concerned was instituted within 3 months after the person was notified of the original decision about the relevant number—when that decision was made; or
(b) in any other case—when the appeal concerned was instituted; and ending when the new determination takes effect;
‘Actual amount’ means the amount of pension, benefit or allowance that was paid to the person in respect of the period specified in the definition of ‘New amount’.”.
(a) by omitting paragraphs (2) (d) and (e) and substituting the following word and paragraph:“and (d) the person’s property is to be taken to include property the value of which is equal to the amount of the person’s entry contribution.”;
(b) by omitting paragraphs (4) (e) and (f) and substituting the following word and paragraph:“and (e) the person’s property is to be taken to include property the value of which is equal to the amount of the person’s entry contribution.”;
(c) by omitting paragraphs (6) (f) and (g) and substituting the following word and paragraph:“and (f) the person’s property is to be taken to include property the value of which is equal to the amount of the person’s entry contribution.”;
(d) by omitting subparagraphs (7) (f) (ii) and (iii) and substituting the following word and subparagraph:“and (ii) the property of the person’s spouse is to be taken to include property the value of which is equal to the amount of the spouse’s entry contribution;”;
(e) by omitting subparagraphs (9) (f) (ii) and (iii) and substituting the following word and subparagraph:“and (ii) the person’s property is to be taken to include property the value of which is equal to the amount of the person’s entry contribution;”;
(f) by omitting paragraphs (11) (g) and (h) and substituting the following word and paragraph:“and (g) the person’s property is to be taken to include property the value of which is equal to the amount of the person’s entry contribution.”;
(g) by inserting after subsection (11) the following subsections:“(11aa) Where:
(a) a married person’s principal home is in a retirement village; and
(b) the person does not share that principal home with his or her spouse but is not eligibly separated from that spouse; and
(c) the principal home of the spouse is also in a retirement village; and
(d) the person’s entry contribution, and the entry contribution of the spouse, were each more than the extra allowable amount concerned;
then, for the purposes of this Act:
(e) the person and the spouse are each to be taken to have a right or interest in a principal home to which subparagraph 4 (1) (a) (ii) applies; and
(f) the value of the principal home of each person is to be taken to be the total amount paid or agreed to be paid to obtain for the person concerned his or her current right to reside in the retirement village concerned; and
(g) any right or interest of the person in:
(i) the more valuable of the 2 principal homes; or
(ii) where the value of the 2 principal homes is the same—the principal home of the younger person;
(in this subsection called the
‘more valuable principal home’ ) is to be disregarded in calculating the actual value of the person’s property for the purposes of this Act; and(h) any right or interest of the spouse in the more valuable principal home is to be disregarded in calculating the actual value of the spouse’s property for the purposes of this Act; and
(j) the property of the person whose principal home is not the more valuable principal home is to be taken to include property the value of which is equivalent to the amount of that person’s entry contribution.
“(11ab) Where:
(a) a married person’s principal home is in a retirement village; and
(b) the person does not share that principal home with his or her spouse but is not eligibly separated from that spouse; and
(c) the principal home of the spouse is also in a retirement village; and
(d) the person’s entry contribution, and the entry contribution of
the spouse, were each less than or equal to the extra allowable amount concerned;
then, for the purposes of this Act, whether or not the person or the spouse actually has any right or interest in relation to his or her principal home and whatever the value of any such right or interest:
(e) the person and the spouse are each to be taken not to have a right or interest in relation to the person’s principal home or the spouse’s principal home; and
(f) the person’s property is to be taken to include the total amount paid or agreed to be paid to obtain for the person his or her current right to reside in the retirement village; and
(g) the spouse’s property is to be taken to include the total amount paid or agreed to be paid to obtain for the spouse his or her current right to reside in a retirement village.
“(11ac
) Where:(a) a married person’s principal home is in a retirement village; and
(b) the person does not share that principal home with his or her spouse but is not eligibly separated from that spouse; and
(c) the principal home of the spouse is not in a retirement village; and
(d) the right or interest of the person’s spouse in his or her principal home would, but for this section, be disregarded because of subparagraph 4 (1) (a) (ii);
then, for the purposes of this Act:
(e) the person and the spouse are each to be taken to have a right or interest in a principal home to which subparagraph 4 (1) (a) (ii) applies; and
(f) the value of the principal home of the person is to be taken to be the amount of the person’s entry contribution; and
(g) any right or interest of the person in:
(i) the more valuable of the 2 principal homes; or
(ii) where the value of the 2 principal homes is the same—the principal home that is not in a retirement village;
(in this subsection called the
‘more valuable principal home’ ) is to be disregarded in calculating the actual value of the person’s property for the purposes of this Act; and(h) any right or interest of the spouse in the more valuable principal home is to be disregarded in calculating the actual value of the spouse’s property for the purposes of this Act; and
(j) the property of the person whose principal home is not the more valuable principal home is to be taken to include property the value of which is equivalent to the value of the less valuable principal home.
“(11ad) Where:
(a) a married person’s principal home is in a retirement village; and
(b) the person does not share that principal home with his or her spouse but is not eligibly separated from that spouse; and
(c) the principal home of the spouse is not in a retirement village; and
(d) the spouse does not have a right or interest in his or her principal home that is to be disregarded because of subparagraph 4 (1)(a) (ii); and
(e) the person’s entry contribution was equal to or less than the amount that would be the extra allowable amount if the person was an unmarried person;
then, whether or not the person or the spouse actually has any right or interest in relation to the person’s principal home and whatever the value of any such right or interest, the following provisions apply for the purposes of the application of this Act to the person and to the spouse:
(f) both the person, and the spouse, are to be taken not to have a right or interest in relation to the person’s principal home; and
(g) the person’s property is to be taken to include property the value of which is equal to the amount of the person’s entry contribution.
“(11ae) Where:
(a) a married person’s principal home is in a retirement village; and
(b) the person does not share that principal home with his or her spouse but is not eligibly separated from that spouse; and
(c) the principal home of the spouse is not in a retirement village; and
(d) the spouse does not have a right or interest in his or her principal home that is to be disregarded because of subparagraph 4 (1)(a) (ii); and
(e) the person’s entry contribution was more than the amount that would be the extra allowable amount if the person was an unmarried person;
then, for the purposes of this Act, the person and the spouse are each to be taken to have a right or interest in a principal home to which subparagraph 4 (1) (a) (ii) applies.”;
(h) by inserting after subsection (12) the following subsections:“(12a) A reference in this section to an amount paid or agreed to be paid to obtain an unmarried person’s current right to live in a retirement village includes, where the person was a married person when he or she took up residence in the retirement village, a reference to any amount paid or agreed to be paid to obtain for the person any current right that the person has to share his or her principal home in the retirement village with a spouse.
“(12b) A reference in this section to a person becoming entitled to take up residence in a retirement village is a reference to a person becoming entitled to take up residence in a retirement village pursuant to the agreement under which the person’s current right to live in the retirement village arises.
“(12c) Where a person who has a right to live in a retirement village under an agreement enters into a new agreement under which the person obtains a right to live in the retirement village (whether in different accommodation or not), then, for the purposes of this section, the total amount paid or agreed to be paid to obtain for the person his or her current right to live in the retirement village is the sum of the following amounts:
(a) the total amount paid pursuant to the new agreement to obtain for the person that right; and
(b) so much (if any) of:
(i) any amount paid pursuant to an earlier agreement to obtain for the person a right to live in the retirement village; and
(ii) any amount that was, or would have been, payable to the person upon the termination of an earlier agreement;
as in the Secretary’s opinion ought to be attributed to the cost of the person’s current right to live in the retirement village.”;
(j) by omitting paragraphs (a), (b) and (c) of the definition of “entry contribution” in subsection (13) and substituting the following paragraphs:“(a) in the case of an unmarried person—the total amount paid or agreed to be paid to obtain for the person his or her current right to live in the retirement village;
(b) in the case of a married person who shares his or her principal home with his or her spouse—an amount equal to half of the total amount paid or agreed to be paid to obtain
for the person or the spouse or both of them their current right to live in the retirement village;
(c) in the case of a married person who is eligibly separated from his or her spouse—the total amount paid or agreed to be paid to obtain for the person his or her current right to live in the retirement village;
(d) in the case of a married person who does not share his or her principal home with his or her spouse but who is not eligibly separated from that spouse:
(i) where the principal home of the spouse is not in a retirement village—the total amount paid or agreed to be paid to obtain for the person his or her current right to live in the retirement village; or
(ii) where the principal home of the spouse is also in a retirement village—an amount equal to half of the total amount paid or agreed to be paid to obtain for the person and the spouse the current right of each of them to live in a retirement village; or
(e) in the case of an unmarried person who:
(i) was a married person when he or she took up residence in the retirement village; and
(ii) has stopped being a married person since taking up residence;
the total amount paid or agreed to be paid to obtain for the person his or her current right to live in the retirement village;”.
(a) by omitting from paragraph (2) (b) “48 (3) (b)” and substituting “51 (1) (b)”;
(b) by omitting from subsection (5) “69” and substituting “251a”;
(c) by omitting from paragraph (12) (b) “a special temporary allowance is payable under section 237—the end of the period during which the special temporary allowance is payable” and substituting “an amount is payable under Part VIII—the last pension pay day on which such an amount is payable”.
(a) by omitting from subparagraph (10) (b) (iii) “69” and substituting “251a”;
(b) by omitting from subparagraph (11) (b) (iii) “69” and substituting “251a”.
(a) by omitting from paragraph (1) (a) “48 (3) (b)” and substituting “51 (1) (b)”;
(b) by omitting paragraph (3) (b) and substituting the following paragraph:“(b) there shall be deducted from the maximum annual rate an amount per annum equal to the sum of:
(i) the annual rate of income of the person (other than income from property of the person or of the person’s spouse that is not property referred to in paragraph (1) (c) or property to which paragraph 4 (1) (a) applies); and
(ii) an amount per annum equal to $26 for each $250 of the value of the property of the person (other than property referred to in paragraph (1) (c) or property to which paragraph 4 (1) (a) applies).”;
(c) by omitting from paragraph (3a) (b) “weekly rate of the benefit that would be payable to the person apart from the operation of section 122” and substituting “maximum weekly rate”;
(d) by inserting in paragraph (6) (a) “annual” after “maximum”;
(e) by omitting from paragraph (6) (b) “applicable rate” and substituting “maximum weekly rate”;
(f) by adding at the end the following subsection:“(8) In this section:
‘maximum annual rate’ , in relation to a person (other than a person who is qualified to receive a benefit under Part XIII), means the maximum annual rate of pension, benefit or allowance that would be payable to the person apart from:(a) the operation of subsection 33 (7) or (12); or
(b) any reduction of the person’s rate by reference to the amount ‘IA’ in subsection 48 (2);
‘maximum weekly rate’ , in relation to a person who is qualified to receive a benefit under Part XIII, means the maximumweekly rate of benefit that would be payable to the person apart from the operation of section 122.”.
(a) by omitting subsection (1) and substituting the following subsection:“(1) For the purpose of:
(a) determining whether a pension (not being a carer’s pension), benefit or allowance is payable, or may continue to be payable, to a person under this Act; or
(b) calculating the rate or amount of a pension, benefit or allowance payable to a person under this Act;
no regard is to be had to another person (not being the spouse of the first-mentioned person) who is in receipt of a relevant pension.”;
(b) by adding at the end the following subsection:“(6) In this section:
‘relevant pension’ means:(a) a pension under Part IV or V or Schedule 1b
; or(b) an allowance under Part VI; or
(c) a benefit under Part XIII; or
(d) a rehabilitation allowance under Part XVI; or
(e) payments under a program included in the programs known as Labour Force Programs.”.
(a) by omitting the definition of “annual permissible income” from subsection (1) and substituting the following definition:“
‘annual permissible income’ , in relation to a person, means:(a) whichever of the following amounts is applicable to the person:
(i) the amount specified in sub-subparagraph 33 (12) (a) (i) (a);
(ii) the amount specified in sub-subparagraph 33 (12) (a) (i) (b); or
(b) if the person has a dependent child or children—the amount referred to in paragraph (a) increased by:
(i) except where subparagraph (ii) applies—the amount by which the person’s income is reduced in accordance with subsection 35 (1); or
(ii) if subparagraph (a) (i) is applicable to the person because of subsection 51 (1)—the amount that is component SRC in relation to the person for the purposes of subsection 51 (2);”;
(b) by omitting the definition of “credit amount” from subsection (1);
(c) by inserting after subsection (1) the following subsection:“(1a) A person is to be taken to have a credit amount for the purposes of this section in relation to a week ending on a Wednesday if the person’s annual permissible income in that week equals or exceeds the person’s annual rate of income in that week, and the amount of that credit amount is one fifty-second of the person’s annual permissible income.”;
(d) by adding at the end the following subsection:“(4) This section does not apply in relation to a person the maximum rate of whose pension is reduced by an amount worked out under paragraph 33 (12) (b) or 51 (1) (b).”.
“12aa. (1) The Secretary may determine in writing that this Division applies in relation to a foreign currency.
“(2) This Division applies in relation to a foreign currency in relation to which a determination under subsection (1) is in force.
“(3) This Division applies for the purposes of Parts IV, V, VI, VII, VIII, XIV and XVI, section 251a and Schedule 1b, and not otherwise.
“12ab. The value in Australian currency of a payment received by a person in foreign currency is to be worked out using the applicable exchange rate.
“12ac. The base exchange rate for a foreign currency for a foreign exchange period is the average (calculated to 4 decimal places) of the actual market exchange rates available on each working day of the first month of the year to start during the immediately preceding foreign exchange period.
“12ad. (1) Where for 10 consecutive working days:
(a) starting after a month of the year in relation to which section 12ac operates; and
(b) ending before the next month of the year in relation to which section 12ac operates;
the actual market exchange rate available differs from:
(c) except where paragraph (d) applies—the base exchange rate for the next foreign exchange period; or
(d) where a re-assessed exchange rate has already been worked out under this subsection for the purposes of the next foreign exchange period—the last re-assessed exchange rate so worked out;
by at least 10% of that base exchange rate or last re-assessed exchange rate, as the case may be, the re-assessed exchange rate for a foreign currency is the average (calculated to 4 decimal places) of the actual market exchange rates available on those consecutive working days.
“(2) The Secretary must determine in writing the day on which a reassessed exchange rate becomes applicable.
“(3) The day determined under subsection (2) is to be no later than 6 weeks after the tenth consecutive working day covered by subsection (1).
“(4) A re-assessed exchange rate:
(a) becomes applicable on the day determined under subsection (2), unless a new re-assessed exchange rate has already become applicable; and
(b) remains applicable until:
(i) a new re-assessed exchange rate becomes applicable; or
(ii) the commencement of the next exchange period the base exchange rate for which has been worked out by reference to working days later than those by reference to which the re-assessed exchange rate was worked out.
“(5) Subsection (1) does not apply to a working day if the actual market exchange rate available on that day has been used to work out a reassessed exchange rate in a previous application of that subsection.
“12ae. Where an exchange rate worked out under this Division would, if it were calculated to 5 decimal places, end in a number greater than 4, the rate worked out is to be taken to be the rate calculated to 4 decimal places and increased by 0.0001.”.
(a) by omitting subsection (1);
(b) by inserting in paragraph (2)(b) “3” after “subsection”.
“12ba. (1) Where:
(a) a person becomes entitled to receive an amount that was, until the person became so entitled, a compulsorily preserved superannuation benefit; and
(b) the person has not reached pensionable age;
the person is, for the purposes of this Act, to be taken to receive one fifty-second of the assessable growth component of that amount as income of the person during each week in the period of 12 months starting on the day when the person becomes entitled to receive that amount.
“(2) Subsection (1) does not apply in relation to any amount received by a person by way of a superannuation pension or a payment under an immediate annuity.”.
“12bb. (1) For the purpose of working out the annual rate of income of a person from an immediate annuity, the person is to be taken to receive from that annuity each year an amount worked out by reducing the amount payable each year by the deductible amount in relation to the annuity.
“(4) A person covered by this section may, by written notice to the Commission, choose not to receive payments under this section and to receive instead any payments by way of a relevant pension to which the person would be entitled but for subsection (3).
“(5) Where a person chooses as provided by subsection (4):
(a) this Part, or the
Social Security Act 1947 , has effect accordingly; and(b) the person may not withdraw that choice after the Department has taken all the action required to give effect to that choice.
“(6) In this section:
‘relevant pension’ includes a pension under Part V or VI or Schedule 1b of theSocial Security Act 1947.
“57c. (1) Where:
(a) a child dies; and
(b) before the child died, a person was in receipt of a qualifying child-related payment in respect of that child;
subsection (2) applies.
“(2) Subject to this section, there is payable to each person who was, before the child’s death, in receipt of a child-related payment in respect of that child, in respect of the period of 14 weeks after the child’s death, an amount worked out using the formula:
where:
‘PCRP’ [Previous Child-Related Payments] means the amount that would have been payable to the person in respect of that period in child-related payments if the child had not died;
‘CCRP’ [Current Child-Related Payments] means the amount (if any) that is, after the child’s death, payable to the person in respect of that period in child-related payments.
“(3) Where the Commission becomes aware of the death of the deceased child within 14 weeks after that death:
(a) there is payable to the person who was in receipt of the qualifying child-related payment in respect of a child, as a lump sum, so much of the total of:
(i) the amount payable to that person under subsection (2) in respect of that child; and
(ii) any amount payable to any other person under subsection (2) in respect of that child;
as has not already been paid pursuant to subsection (2); and
(b) there is no further entitlement under subsection (2) in respect of that child.
“(4) In this section:
‘child-related payment’ means:(a) additional service pension under subsection 47 (3) or 48 (3); or
(b) additional remote area allowance under subsection 57 (7); or
(c) an amount by way of rent assistance payable to a person under section 55 because the person, or his or her spouse, is receiving:
(i) a payment referred to in paragraph (a); or
(ii) additional pension under subsection 33 (3) or (4), or additional benefit under subsection 118 (5) or (11) of the
Social Security Act 1947 ;
‘qualifying child-related payment’ means a payment of additional service pension under subsection 47 (3) or 48 (3).
“57d. (1) Where a service pensioner who is not a member of a pensioner couple dies, there is payable, to such person as the Commission thinks appropriate, an amount equal to the amount that would have been payable under this Part, to the deceased pensioner, if he or she had not died, on the pension pay day after his or her death.
“(2) Where an amount is paid pursuant to subsection (1) in respect of a deceased pensioner, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of that deceased pensioner.
“57e. This Part has effect in spite of anything in section 58.”.
“(3b) In spite of subsection (3a), where:
(a) on or before 1 May 1990 a person advises the Commission that he or she has a compulsorily preserved superannuation benefit; and
(b) as a result of that advice, the Commission makes a determination under subsection (3) relating to a service pension payable to the person;
the determination takes effect:
(c) on 1 February 1990; or
(d) on the day when the person acquired the compulsorily preserved superannuation benefit;
whichever is later.”.
(a) by altering the table in subsection (1) as follows:(i) omit “6.20”, substitute “6.70”;
(ii) omit “2.90” (wherever occurring), substitute “3.10”;
(iii) omit “4.00” (wherever occurring), substitute “4.30”;
(b) by omitting from subsection (2) “$6.20” and substituting “$6.70”;
(c) by omitting from subsection (3) “$2.90” and substituting “$3.10”.
(a) by altering the table in subsection (1) as follows:(i) omit “72.60” (wherever occurring), substitute “78.20”;
(ii) omit “145.20” (wherever occurring), substitute “156.40”;
(b) by omitting from subsection (2) “$72.60” and substituting “$78.20”;
(c) by inserting after subsection (4) the following subsection:“(4a) Attendant allowance is not payable to a veteran where a carer’s service pension under section 41:
(a) is payable; or
(b) would be payable, but for action that has been taken pursuant to paragraph 58 (1) (b) or subsection 205 (2);
to a person because the person is caring for the veteran.”.
“98a.(1) This section applies where a married veteran who is in receipt of a disability pension dies.
“(2) The widow or widower of the deceased veteran is entitled, in respect of the period of 12 weeks after the deceased veteran’s death, to payments at:
(a) the rate at which the disability pension would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the Commission becomes aware of the death; or
(b) the general rate in force on that pension pay day;
whichever is lower.
“(3) Where:
(a) the widow or widower dies within 12 weeks after the death of the deceased veteran; and
(b) the Commission has not become aware of the death of the deceased veteran before the death of the widow or widower;
there is payable, to such person as the Commission thinks appropriate, in respect of the deceased veteran, an amount worked out using the formula:
where:
‘Deceased veteran’s amount’ means:(a) the amount of disability pension that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or the widower; or
(b) the amount that would have been payable to the deceased veteran, if he or she had not died, on the first available pension pay day after the death of the widow or widower, at the general rate in force on that pension pay day;
whichever is lower.
“(4) Subsection (2) does not apply:
(a) if the Commission does not become aware of the veteran’s death until after the death of the widow or widower; or
(b) in respect of any pension pay day after the death of the widow or widower.
“(5) Where:
(a) within the period of 12 weeks after the death of a veteran, an amount to which the veteran would have been entitled if he or she had not died has been paid by way of a disability pension into an account with a bank, credit union or building society (in this subsection called the
‘financial institution’ ); and(b) this section applies in relation to the death of the veteran; and
(c) the financial institution pays to the widow or widower of the deceased veteran, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (a);
then, in spite of anything in any other law, the financial institution is not liable to the Commonwealth, the personal representative of the deceased veteran, or anyone else, for any loss incurred because of the payment of that money to the widow or widower.
“(6) In this section:
‘disability pension’ means a pension under Part II or IV, other than a pension payable to a person as a dependant of a deceased veteran;
‘first available pension pay day’ , in relation to the death of a veteran, means the first pension pay day after the Commission becomes aware of the death for which it is practicable to terminate or adjust the payments being made by way of disability pension in respect of the deceased veteran;
‘married veteran’ has the same meaning as it has in Part III;
‘widow’ has the same meaning as it has in Part III;
‘widower’ has the same meaning as it has in Part III.”.
“(a) a sum of $550 or an amount equal to the amount paid or payable in respect of the funeral of the deceased veteran, whichever is less; and”.
“(2) A funeral benefit under this section in respect of a deceased dependant of a deceased veteran is a sum of $550 or an amount equal to the amount paid or payable in respect of the funeral of the deceased dependant, whichever is less.”.
(a) omit “38.60” (wherever occurring), substitute “41.60”;
(b) omit “19.30” (wherever occurring), substitute “20.80”.
(a) by omitting from subsection (1) “, 100 or 101” and substituting “or 100”;
(b) by omitting subsection (4);
(c) by omitting from subsection (5) “, 100 or 101” and substituting “or 100”;
(d) by omitting from subsection (5) “, (3) or (4)” and substituting “or (3)”.
(a) by omitting subsection (1) and substituting the following subsections:“(1) A fortnightly instalment of pension is payable to a person on each pension pay day on which the person is entitled to receive pension.
“(1a) Where a person becomes entitled to receive pension on a pension pay day that occurs before the day (in this subsection called the
‘entitlement day’ ) on which, but for the operation of subsection 20 (1) or (2), 21 (2) or 46 (3), the person would have become entitled to receive that pension, any instalment of that pension that,but for this subsection, would have been payable to the person on that pension pay day is payable to the person:
(a) if the entitlement day is a pension pay day—on the entitlement day; or
(b) in any other case—on the first pension pay day after the entitlement day.”;
(b) by omitting subsection (5) and substituting the following subsection:“(5) In this section:
‘pension’ includes an allowance under this Act, other than Victoria Cross allowance.”.
“122a. (1) The Commission may direct that the whole or a part of the amount of a pension is to be paid, at such intervals as it directs, to the credit of an account nominated from time to time by the pensioner, being an account maintained by the pensioner, either alone or jointly or in common with another person, with a bank, credit union or building society, and payment is to be made accordingly.
“(2) In this section:
‘pension’ means a pension or allowance under this Act;
‘pensioner’ means a person to whom a pension is payable, whether on his or her own behalf or on behalf of another person.”.
(a) by omitting the definition of “relevant period” in subsection (1) and substituting the following definition:“
‘relevant period’ means:(a) in relation to a relevant rate:
(i) the period starting on 15 November 1989 and ending on 17 April 1990; and
(ii) the period starting on 18 April 1990 and ending on 19 September 1990; and
(iii) the period of 6 months starting on 20 September 1990; and
(iv) each subsequent period of 6 months; or
(b) in relation to a rent assistance amount:
(i) the period of 6 months starting on 20 March 1991; and
(ii) each subsequent period of 6 months;”;
(b) by inserting in subsection (1) the following definition:“
‘rent assistance amount’ means the amount specified in subparagraph (c) (i), (ii) or (iii) of the definition of ‘maximum amount’ in subsection 55 (11);”;
(c) by omitting from paragraph (4) (a) “paragraph (b) or (c)” and substituting “the other paragraphs of this subsection”;
(d) by inserting after paragraph (4) (a) the following paragraph:“(aa) where the rate calculated under paragraph (a) for the purposes of paragraph 47 (1) (a) or (b) is not a multiple of $2.60 per year—a rate equal to:
(i) if the rate so calculated exceeds the next lower rate that is such a multiple by $1.30 per year or more— the next higher rate that is such a multiple; or
(ii) if the rate so calculated exceeds the next lower rate that is such a multiple by less than $1.30 per year— that next lower rate;”;
(e) by inserting after subsection (4) the following subsection:“(4a) Where the factor worked out under subsection (5) in relation to a relevant period in relation to a rent assistance amount is greater than 1, this Act has effect as if for each rent assistance amount there were substituted, on the first day of that period:
(a) subject to paragraph (b)—the amount worked out by multiplying by that factor:
(i) where subparagraph (ii) does not apply—the rent assistance amount; or
(ii) if, because of another application or other applications of this section, this Act has had effect as if another amount were substituted, or other amounts were successively substituted, for the rent assistance amount—the substituted amount or the last substituted amount, as the case may be; or
(b) where the amount worked out under paragraph (a) is not a multiple of $2.60—an amount equal to:
(i) if the amount so worked out exceeds the next lower amount that is such a multiple by $1.30 or more—the next highest amount that is such a multiple; or
(ii) if the amount so worked out exceeds the next lower amount that is such a multiple by less than $1.30— that next lower amount;”;
(f) by inserting in subsection (5) “or (4a)” after “(4)”;
(g) by inserting after subsection (5) the following subsections:“(5a) The rate specified in paragraph 30 (1) (a) during the relevant period starting on 18 April 1990 and ending when a new rate is substituted under subsection (4) is to be taken for all purposes to be the sum of:
(a) the rate that would, under subsection (4), be substituted for that rate on 18 April 1990; and
(b) $104 per annum.
“(5b) The rate specified in paragraph 47 (1) (a) during the relevant period starting on 18 April 1990 and ending when a new rate is substituted under subsection (4) is to be taken for all purposes to be the sum of:
(a) the rate that would, under subsection (4), be substituted for that rate on 18 April 1990; and
(b) $104 per annum.
“(5c) The rate specified in paragraph 47 (1) (b) during the relevant period starting on 18 April 1990 and ending when a new rate is substituted under subsection (4) is to be taken for all purposes to be the sum of:
(a) the rate that would, under subsection (4), be substituted for that rate on 18 April 1990; and
(b) $85.80 per annum.
“(5d) For the purposes of the next application of subsection (4) after 18 April 1990 in relation to the rate specified in paragraph 30 (1) (a), the last substituted rate referred to in that subsection is to be taken to be the rate worked out under subsection (5a).
“(5e) For the purposes of the next application of subsection (4) after 18 April 1990 in relation to the rate specified in paragraph 47 (1) (a), the last substituted rate referred to in that subsection is to be taken to be the rate worked out under subsection (5b).
“(5f) For the purposes of the next application of subsection (4) after 18 April 1990 in relation to the rate specified in paragraph 47 (1) (b), the last substituted rate referred to in that subsection is to be taken to be the rate worked out under subsection (5c).”.
“198b. (1) In this section:
‘index number’ , in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
‘relevant amount’ means the amount specified in:(a) sub-subparagraph 47 (4) (a) (i) (a); or
(b) sub-subparagraph 47 (5) (a) (i) (a) or (b); or
(c) subparagraph 48 (4) (a) (i);
‘relevant year’ means the year starting on 1 July 1991 and each subsequent year.
“(2) Subject to subsection (3), if at any time, whether before or after the commencment of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
“(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to index numbers published in terms of the new reference base.
“(4) Where the factor worked out under subsection (5) in relation to a relevant year is greater than 1, this Act, and any Act that refers to this Act, have effect as if for each relevant amount there were substituted, on the first day of that year:
(a) subject to paragraph (b)—the amount worked out by multiplying by that factor:
(i) where subparagraph (ii) does not apply—the relevant amount; or
(ii) if, because of another application or other applications of this section, this Act has had effect as if another amount was substituted, or other amounts were successively substituted,
for the relevant amount—the substituted amount or the last substituted amount, as the case may be; or
(b) where the amount worked out under paragraph (a) is not a multiple of $1—an amount equal to:
(i) if the amount so worked out exceeds the next lower amount that is such a multiple by 50 cents or more—the next highest amount that is such a multiple; or
(ii) if the amount so worked out exceeds the next lower amount that is such a multiple by less than 50 cents—that next lower amount.
“(5) The factor to be worked out for the purposes of subsection (4) in relation to a relevant year is the number (calculated to 3 decimal places) worked out by dividing the index number for the March quarter immediately preceding the relevant year by the index number for the March quarter immediately preceding the first-mentioned March quarter.
“(6) Where the factor worked out under subsection (5) in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor worked out under that subsection in relation to that relevant year is to be taken to be the factor calculated to 3 decimal places under subsection (5) and increased by 0.001.
“(7) Where, because of the application of this section, this Act has effect as if another amount were substituted for a relevant amount on the first day of a year, the substitution, in so far as it affects instalments of pensions, benefits and allowances under this Act, has effect in relation to every instalment of such a pension, benefit or allowance that falls due on or after the first day of that year.
“198c. (1) In this section:
‘index number’ , in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
‘relevant amount’ means the amount specified in paragraph (c) of the definition of ‘employed child’ in subsection 35 (1);
‘relevant year’ means the year starting on 1 January 1991 and each subsequent year.
“(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
“(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to index numbers published in terms of the new reference base.
“(4) Where the factor worked out under subsection (5) in relation to a relevant year is greater than 1, this Act has effect as if for the relevant amount there were substituted, on the first day of that year:
(a) subject to paragraph (b)—the amount worked out by multiplying by that factor:
(i) where subparagraph (ii) does not apply—the relevant amount; or
(ii) if, because of another application or other applications of this section, this Act has had effect as if another amount was substituted, or other amounts were successively substituted, for the relevant amount—the substituted amount or the last substituted amount, as the case may be; or
(b) where the amount worked out under paragraph (a) is not a multiple of 5 cents—an amount equal to:
(i) if the amount so worked out exceeds the next lower amount that is such a multiple by 2.5 cents or more—the next highest amount that is such a multiple; or
(ii) if the amount so worked out exceeds the next lower amount that is such a multiple by less than 2.5 cents—that next lower amount.
“(5) The factor to be worked out for the purposes of subsection (4) in relation to a relevant year is the number (calculated to 3 decimal places) worked out by dividing the index number for the June quarter immediately preceding the relevant year by the index number for the June quarter immediately preceding the first-mentioned June quarter.
“(6) Where the factor worked out under subsection (5) in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor worked out under that subsection in relation to that relevant year is to be taken to be the factor calculated to 3 decimal places under subsection (5) and increased by 0.001.
“(7) Where, because of the application of this section, this Act has effect as if another amount were substituted for the relevant amount on the first day of a year, the substitution, in so far as it affects instalments of pensions and allowances under this Act, has effect in relation to every instalment of such a pension or allowance that falls due on or after the first day of that year.”.
(a) by adding at the end the following subsections:“(3) Where:
(a) the Court makes an order under subsection (1) for the payment to the Commonwealth of an amount of money; and
(b) the clerk, or other appropriate officer, of the Court signs a certificate specifying:
(i) the amount ordered to be paid to the Commonwealth; and
(ii) the person by whom the amount is to be paid; and
(c) the certificate is filed in a court (which may be the Court) having civil jurisdiction to the extent of the amount to be paid;
the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.
“(4) In spite of anything in this Act or any other law, a person is not to be imprisoned in respect of a failure to pay an amount payable to the Commonwealth under this section.”;
(b) by adding at the end the following subsections:“(5) Where:
(a) a person is convicted of an offence against subsection 208 (1) or (2); and
(b) the court orders him or her to pay an amount of more than $30,000 to the Commonwealth under subsection (1); and
(c) the offence involved a scheme to defraud the Commonwealth;
the court may, on application by the Commonwealth, order the person to pay to the Commonwealth interest on the amount mentioned in paragraph (b), at the rate of 20% per annum, in respect of the period or periods in respect of which the person was paid pension, allowance or other benefit as mentioned in subsection (1).
“(6) In this section:
‘scheme to defraud the Commonwealth’ includes either of the following:(a) a scheme involving the making of a series of false or misleading statements;
(b) a scheme involving obtaining a series of payments of pension, allowance or other benefit or instalments of pension, allowance or other benefit under this Act (being payments that were not payable) by means of impersonation or a fraudulent device.”.
PART 11—AMENDMENTS OF VETERANS’ ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986
(a) by omitting from subsection (1) “or a pension under Part IV or V of theSocial Security Act 1947 ” and substituting “a pension under Part IV of theSocial Security Act 1947 or a social security widow’s pension”;
(b) by omitting from paragraph (3) (b) “a pension under Part IV or V of theSocial Security Act 1947 ” and substituting “a pension under Part IV of theSocial Security Act 1947 or a social security widow’s pension”;
(c) by omitting from paragraph (4) (a) “a pension under Part IV or V of theSocial Security Act 1947 ” and substituting “a pension under Part IV of theSocial Security Act 1947 or a social security widow’s pension”;
(d) by omitting from paragraph (4) (b) “paragraph (a)” and substituting “subsection (1)”;
(e) by omitting from subsection (6) “a pension under Part IV or V of theSocial Security Act 1947 ” and substituting “a pension underPart IV of the
Social Security Act 1947 or a social security widow’s pension”;
(f) by adding at the end the following subsection:“(7) In this section:
‘social security widow’s pension’ means a pension payable to a woman who had been dependent upon, or living with, a man before the man’s death, under:(a) Part IV of the
Social Security Act 1947 as in force before 2 July 1987; or(b) Part V of the
Social Security Act 1947 as in force between 2 July 1987 and 28 February 1989 (inclusive); or(c) Part VI or Schedule 1b of the
Social Security Act 1947 as in force on and after 1 March 1989;”.
(a) by omitting from paragraph (1a) (a) “in this subsection called the determining body” and substituting “(in this subsection called the‘determining body’ )”;
(b) by inserting after paragraph (3) (a) the following paragraphs:“(aa) where the decision is made on review of a decision made on or after 1 January 1985 by the Commission about the rate at which pension is payable to a person, where the Repatriation Review Tribunal had previously, on application under section 107VC of the
Repatriation Act 1920 as in force before 1 January 1985, granted the person’s claim for pension—a date that is not earlier than the operative date set by the Repatriation Review Tribunal in relation to the grant of the claim for pension; or(ab) where the decision is made on review of a decision made on or after 1 January 1985 by the Commission about the rate at which pension is payable to a person, where the Repatriation Review Tribunal had referred the matter to the Commission under section 107vj of the
Repatriation Act 1920 as in force before 1 January 1985—a date that is not earlier than the date of that reference; or”.
(a) by omitting from paragraph (1) (a) “Part VI of theSocial Security
Act 1947 ” and substituting “Part IVaaa of theSocial Security Act 1947 as then in force”;
(b) by omitting from subsection (1) “be read as if ‘VI or’ were omitted from subparagraph (b) (iii) of that definition” and substituting “be read as if ‘or V’ were omitted from that definition”;
(c) by omitting from paragraph (3)(a) “Part VI of theSocial Security Act 1947 ” and substituting “Part IVaaa of theSocial Security Act 1947 as then in force”;
(d) by omitting from subsection (3)“be read as if ‘VI or’ were omitted from subparagraph (b) (iii) of that definition” and substituting “be read as if ‘or V’ were omitted from that definition”.
PART 12—AMENDMENTS OF WAR PRECAUTIONS ACT REPEAL ACT 1920
(a) by omitting paragraph (g) and substituting the following paragraph:“(g) penalties not exceeding a fine of $1,000 for breaches of regulations made under this section.”;
(b) by adding at the end the following subsections:“(2) The penalty, upon conviction, for a breach of subregulation 2 (1) of the Protection of Word ‘Anzac’ Regulations involving the assumption or use of the word ‘Anzac’ or any word resembling the word ‘Anzac’ in connection with any trade, business, calling or profession or in connection with any entertainment or any lottery or art union or as the name or part of the name of a private residence, boat, vehicle, charitable or other institution, or any building in connection therewith, is imprisonment for a period not exceeding 12 months.
“(3) The penalty, upon conviction, for a breach of subregulation 3 (1) of the Protection of Word ‘Anzac’ Regulations involving the use of the word ‘Anzac’, or any word resembling the word ‘Anzac’ as the name or part of the name of a street, road or park is imprisonment for a period not exceeding 12 months.”.
AMENDMENTS OF SOCIAL SECURITY AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT 1988 RELATING TO RENT ASSISTANCE
Omit the subsection.
Omit the subsection.
Omit the subsection.
Omit the subsection.
Omit the subsection.
Omit the subsection.
Omit the subsection.
MINOR AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
Omit “, a benefit under Part VI or XIII”, substitute “or Schedule 1b, an allowance under Part VI, a benefit under Part XIII”.
(a) Insert “or Schedule 1b” after “Part IV or V” in paragraph (d).
(b) Omit “VI or” from paragraph (e).
(c) Insert “VI,” after “Part” in paragraph (f)
Omit “, a benefit under Part VI”, substitute “or Part V,”.
Omit “96”, substitute “82”.
Insert “or Schedule 1b” after “or V”.
Omit “VI or”.
Insert “VI or” after “Part”.
(a) Insert “or V” after “Part IV”.
(b) Omit “, a benefit under Part VI”.
Insert “or Schedule 1b” after “or VI”.
Insert “or Schedule 1b” after “or V”.
Omit “VI or”.
Insert “VI or” after “Part”.
Omit “, a benefit under Part IV or XIII, an allowance under Part”, substitute “or Schedule 1b, a benefit under Part XIII, an allowance under Part VI or”.
Omit “96”, substitute “82”.
Insert “or Schedule 1b” after “or V”.
Omit “a benefit”, substitute “an allowance”.
Omit “a benefit under”.
Omit ‘“unmarried person’ in subsection 53 (1) of that Act—a benefit under Part VI”, substitute ‘“single person’ in subsection 43 (1) of that Act—a pension under Part V”.
Omit “a widow’s pension under Part V, or a supporting parent’s benefit under Part VI,”, substitute “a sole parent’s pension under Part V, a widowed person’s allowance under Part VI, or a class B widow’s pension under Schedule 1b”.
1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131 and 132, 1987; Nos. 85, 87, 99 and 155, 1988; and Nos. 59, 84 and 95, 1989.
2. No. 95, 1953, as amended. For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167, 1985; Nos, 28, 75, 94 and 115, 1986; Nos. 22, 44, 72, 118, 131 and 132, 1987; and Nos. 79, 87, 99, 155, 1988; and Nos. 59 and 95, 1989.
3. No. 60, 1940, as amended. For previous amendments, see No. 77, 1946; No. 80, 1950; Nos. 17 and 75, 1952; No. 70, 1953; No. 32, 1954; No. 40, 1955; No. 45, 1957; No. 48, 1958; No. 59, 1959; No. 46, 1960; No. 47, 1961; Nos. 64 and 113, 1964; No. 65, 1965; No. 43, 1966; No. 102, 1967; No. 67, 1968; No. 96, 1969; No. 61, 1970; Nos. 18 and 69, 1971; Nos. 16 and 83, 1972; Nos. 6 and 106, 1973; Nos. 4, 25 and 90, 1974; Nos. 35 and 111, 1975; Nos. 27, 91 and 112, 1976; Nos. 56, 1977; No. 129, 1978; Nos. 18 and 124, 1979; No. 129, 1980; No. 160, 1981; Nos. 80 and 100, 1982; No. 70, 1983; Nos. 90 and 97, 1984; Nos. 90, 95 and 127, 1985; Nos. 28, 29 and 106, 1986; Nos. 78, 88 and 130, 1987; Nos. 35 and 134, 1988; and No. 164, 1989.
4. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978, No. 121,
1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; Nos. 61 and 170, 1981; No. 159, 1981 (as amended by No. 98, 1982); Nos. 37, 38 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); Nos. 46, 78, 93, 120, 134 and 165, 1984; Nos. 24, 52, 95, 127 and 169, 1985; Nos. 5, 28, 33, 106, 130 and 152, 1986; Nos. 77, 88 and 130, 1987; Nos. 13, 35, 58, 75 and 85, 1988; Nos. 133 and 135, 1988 (as amended by No. 84, 1989); and Nos. 59, 83, 84 and 164, 1989.
5. No. 135, 1988. For previous amendments, see No. 84, 1989.
6. No. 163, 1989.
7. No. 78, 1987.
8. No. 134, 1988.
9. No. 27, 1986, as amended. For previous amendments, see Nos. 106 and 130, 1986; Nos. 78, 88 and 130, 1987; Nos. 13, 35, 75, 99 and 134, 1988; No. 135, 1989 (as amended by No. 84, 1989); and Nos. 59, 83 and 164, 1989.
10. No. 28, 1986, as amended. For previous amendments, see Nos. 29, 106 and 130, 1986; Nos. 78 and 130, 1987; No. 134, 1988; and No. 93, 1989.
11. No. 54, 1920, as amended. For previous amendments, see No. 36, 1921; No. 39, 1922; No. 34, 1923; No. 23, 1928; No. 45, 1934; No. 10, 1955; No. 62, 1958; No. 93, 1966; No. 216, 1973; No. 37, 1976; and No. 65, 1985.
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House of Representatives on 22 November 1989
Senate on 30 November 1989
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