Veterans' Affairs Legislation Amendment Act 1989 (Cth)
Veterans’ Affairs Legislation Amendment Act 1989
An Act to amend the law relating to veterans’ affairs, and for related matters
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART 2—AMENDMENTS OF THE AUSTRALIAN WAR MEMORIAL ACT 1980
(a) by omitting from paragraph (a) “$100,000” and substituting “$250,000”;
(b) by omitting from paragraph (b) “$50,000” and substituting “$150,000”;
(c) by adding at the end the following subsection:“(2) Subsection (1) does not apply to the investment of money by the Memorial in accordance with section 34.”.
“(ga) a person who, as a member of the Defence Force, rendered service as a member of the United Nations Transition Assistance
Group (UNTAG) Namibia, being a force that is designated as required to be armed, in the area described in item 9 of Schedule 2 to the
Veterans’ Entitlements Act 1986 during the period specified in that item;”.
(a) by omitting “or” from paragraph (w) of the definition of “income” in subsection (1);
(b) by adding at the end of the definition of “income” in subsection (1) the following word and paragraph:“or (y) an amount paid by way of compensation by the Federal Republic of Germany, or by a State of that Republic, under the laws of that Republic, or of that State, relating to compensation of victims of National Socialist persecution;”.
(a) by omitting from subparagraph (a) (iii) “or” (last occurring);
Commencement: 18 February 1989
(b) by adding at the end of paragraph (a) the following word and subparagraph:“or (v) rendered service as a member of the United Nations Transition Assistance Group (UNTAG) Namibia, being a force that is designated as required to be armed, in the area described in item 9 of Schedule 2 (in column 1) during the period specified in column 2 of that Schedule opposite to that description;”;
Commencement: 18 February 1989
(c) by adding at the end the following subsection:“(2) In subparagraph (1) (b) (ii):
‘campaign medal’, in relation to service during the period of World War 2 from its commencement to and including 29 October 1945, means:
(a) any of the following medals:
(i) 1939-45 Star;
(ii) Atlantic Star;
(iii) Air Crew Europe Star;
(iv) Africa Star;
(v) Pacific Star;
(vi) Burma Star;
(vii) Italy Star;
(viii) France and Germany Star; or
(b) any other medal declared by the regulations to be a campaign medal in relation to service during that period.”.
Commencement: 1 January 1990
“126a. (1) If a deceased person has made a claim for a pension under Part II or IV in writing, but otherwise than in accordance with a form approved for the purposes of paragraph 14 (3) (a), an authorised representative of the deceased person may make a claim for the pension in accordance with such a form.
“(2) If a deceased person has made a claim for a pension under Part III in writing, but otherwise than in accordance with the form approved for the purposes of paragraph 43 (1) (a), an authorised representative of the deceased person may make a claim for the pension in accordance with that form.
“(3) If a deceased person has made an application of a kind referred to in subsection 15 (1) or (2) in writing, but otherwise than in accordance with a form approved for the purposes of paragraph 15 (3) (a), an authorised representative of the deceased person may make an application of that kind in accordance with such a form.
“(4) A person who, pursuant to subsection (1), (2) or (3), makes a claim for a pension under Part II, III or IV, or an application of a kind referred to in subsection 15 (1) or (2):
(a) take such action in relation to the claim or application as the deceased person could have taken if he or she had made the claim or application and had not died; and
(b) the purposes of taking such action, shall be treated as if he or she were the deceased person.
“(5) The Commission may authorise a person to take action under this section in relation to a deceased person if:
(a) there is no legal personal representative of the deceased person; or
(b) the Commission is satisfied that:
(i) person has notified the legal personal representative of the deceased person that the legal personal representative has, or may have, a right under this section to make a claim or application; and
(ii) legal personal representative has refused, or failed within a reasonable time after having been so notified, to make the claim or application.
“(6) In this section:
‘authorised representative’, in relation to a deceased person, means:
(a) the legal personal representative of the deceased person; or
(b) a person authorised by the Commission in accordance with subsection (5) to take action under this section in relation to the deceased person.”.
| The period from and including 18 February 1989”. |
1. No. 104, 1980, as amended. For previous amendments, see No. 61, 1981; No. 63, 1984; and Nos. 65 and 166, 1985.
2. No. 43, 1918, as amended. For previous amendments, see No. 28, 1919; No. 35, 1920; No. 18, 1923; No. 26, 1925; No. 47, 1926; No. 17, 1927; No. 13, 1929; Nos. 6 and 68, 1932; No. 63, 1934; No. 54, 1935; No. 25, 1937; No. 1, 1941; No. 8, 1946; Nos. 1, 38 and 71, 1947; No. 67, 1948; No. 24, 1949; No. 74, 1951; No. 69, 1954; No. 69, 1955; No. 100, 1956; No. 73, 1961; Nos. 2 and 93, 1962; Nos. 65 and 93, 1966; No. 3, 1967; No. 99, 1968; No. 120, 1971; Nos. 31 and 216, 1973; No. 125, 1974; No. 25, 1975; Nos. 37 and 185, 1976; No. 79, 1977; Nos. 36 and 137, 1978; Nos. 4 and 128, 1980; No. 80, 1982; No. 70, 1983; No. 72, 1984; Nos. 28 and 29, 1986; and No. 124, 1988.
3. No. 27, 1986, as amended. For previous amendments, see Nos. 106 and 130, 1986; Nos. 78, 88 and 130, 1987; and Nos. 13, 35, 75, 99, 134 and 135, 1988.
4. No. 28, 1986, as amended. For previous amendments, see Nos. 29, 106 and 130, 1986; Nos. 78 and 130, 1987; and No. 134, 1988.
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House of Representatives on 3 May 1989
Senate on 23 May 1989
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