Veterans’ Affairs Legislation Amendment Act 1990
No. 2 of 1991
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
3. Application
PART 2—AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT
1918
4. Principal Act
5. Interpretation
6. Approval of amending agreement
7. Interpretation
8. Regular Serviceman
9. Criteria for issue of certificate of entitlement: advances other than widows’ advances and advances for essential repairs
10. Repeal of section 19 and insertion of new section:
19. Criteria for issue of certificate of entitlement: further advance
11. Criteria for issue of certificate of entitlement: widows’ advances
12. Criteria for issue of certificate of entitlement: advances made for essential repairs
13. Certificate of entitlement: transfer of property subject to specified portfolio asset or advance
14. Certificate of entitlement: instalment relief
15. Maximum amounts for which subsidy is payable
16. Repeal of section 34 and insertion of new section:
34. Rate of interest on further advances
17. Maximum terms of advances
18. Review of decisions by Administrative Appeals Tribunal
19. Insertion of Schedule
20. Consequential and minor amendments
21. Savings
TABLE OF PROVISIONS—continued
Section
PART 3—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922
22. Interpretation
PART 4—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
23. Principal Act
24. Pensions to dependants of certain deceased Australian mariners
25. Insertion of new section:
19. Clothing allowance
26. Allowance for attendant
27. Insertion of new section:
22. Variation of rate of certain allowances
28. Provision of tax file numbers
29. Tax file numbers
30. Review of decisions etc.
31. Recovery of overpayments
32. Recovery of overpayments by deduction from other pension, benefit or allowance
33. Regulations
34. Schedule 2
PART 5—AMENDMENT OF THE SOCIAL SECURITY AND VETERANS’ AFFAIRS LEGISLATION AMENDMENT ACT (NO. 4) 1989
35. Principal Act
PART 6—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
36. Principal Act
37. Interpretation
38. Operational service
39. Eligibility for pension
40. Increased rates of pension in certain cases
41. Interpretation
42. Meaning of qualifying service
43. Method of calculation of income
44. Accruing return investments
45. Market-linked investments
46. Special provisions about certain investments made or acquired before 9 September 1988
47. Determinations of entitlement of persons holding market-linked investments
48. Treatment of costs of investment
49. Certain capital amounts taken to be received over 12 months
50. Rate of veteran’s service pension
51. Earnings credit
52. Calculation of value of property
53. Income from loans
54. Insertion of new section:
50c. Income from certain money
55. Rent assistance
56. Remote area allowance
57. Repeal of section 64
58. Interpretation
59. Application of Part to members of the Forces
60. Eligibility for pension under this Part
61. Veterans eligible to be provided with treatment
62. Dependants eligible to be provided with treatment
63. Clothing allowance
64. Attendant allowance
65. Funeral benefits—veterans
TABLE OF PROVISIONS—continued
Section
66. Recreation transport allowance
67. Interpretation
68. Part heading
69. Interpretation
70. Rate of pharmaceutical supplements
71. Advance pharmaceutical supplements for advance pensioners A
72. Further advance pharmaceutical supplements…
Overview
The Veterans' Affairs Legislation Amendment Act 1990 No. 2 of 1991 was enacted by the Parliament of Australia to amend the law relating to veterans' affairs and address gaps in existing legislation. The primary aim of the Act was to update and clarify various aspects of veterans' entitlements and benefits, ensuring they remain relevant and equitable for those who have served the country. The Act made significant changes to the Defence Service Homes Act 1918, the Seamen’s War Pensions and Allowances Act 1940, the Public Service Act 1922, and the Veterans’ Entitlements Act 1986, among others. These amendments included the introduction of new criteria for issuing certificates of entitlement for various types of advances, adjustments to the rates of interest and maximum amounts for which subsidy is payable, and the incorporation of provisions for rights of residence in retirement villages. The Act also addressed specific eligibility criteria for pensions, increased rates of pension in certain cases, and clarified the method of calculation of income for veterans. Furthermore, the Act introduced provisions for the payment of pharmaceutical allowances and adjustments to the rates of certain pensions and allowances. The Veterans' Affairs Legislation Amendment Act 1990 No. 2 of 1991 thus aimed to streamline and modernise the legislative framework supporting veterans' affairs, ensuring that benefits are accurately and fairly administered to those who have served.
Scope and Application
The Veterans' Affairs Legislation Amendment Act 1990No. 2 of 1991 amends several pieces of legislation, including the Defence Service Homes Act 1918, the Public Service Act 1922, the Seamen's War Pensions and Allowances Act 1940, the Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989, and the Veterans' Entitlements Act 1986. The Act applies to various persons, entities, and industries related to veterans' affairs and their dependants, as well as transactions and conduct within the scope of these laws. The Act's amendments extend to the Commonwealth, states, and territories, and it incorporates subordinate instruments to further define and implement its provisions. There are no stated exclusions, exemptions, or thresholds in the Act, but it does contain provisions for the review and variation of certain decisions by the Administrative Appeals Tribunal.
Key Provisions
- The Veterans’ Affairs Legislation Amendment Act 1990 No. 2 of 1991 amends various Acts relating to veterans’ affairs, including the Defence Service Homes Act 1918, the Public Service Act 1922, the Seamen’s War Pensions and Allowances Act 1940, the Social Security and Veterans’ Affairs Legislation Amendment Act (No. 4) 1989, and the Veterans’ Entitlements Act 1986. The Act introduces new provisions and makes amendments to existing provisions concerning veterans’ entitlements, housing loans, and pensions. Some of the key provisions include the amendment of the criteria for issuing certificates of entitlement for advances other than widows’ advances and advances for essential repairs, the criteria for issuing certificates of entitlement for further advances, and the criteria for issuing certificates of entitlement for widows’ advances. The Act also amends the rate of interest on further advances and introduces new provisions for the variation of rates of certain pensions and allowances.
- The Act imposes several obligations on the parties it governs. For example, it requires the Secretary to consider whether a person is suffering serious financial hardship before issuing a certificate of entitlement for certain advances. It also requires the Secretary to have regard to any guidelines approved by the Minister when deciding whether a person is suffering financial hardship. Additionally, the Act mandates the Secretary to notify the Minister of any decision to refuse an approval under certain sections and requires the Minister to make a decision in relation to an application for a certificate of entitlement within a specified period.
- Breach of the provisions of this Act may result in civil or criminal consequences. However, the Act does not explicitly state the maximum penalties for offences or breaches. It is important to note that the specific penalties for breaches may be outlined in other relevant legislation or regulations.
- Area of Law
- Veterans' Affairs
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Enforcement Powers
- Recovery of overpayments
