Veterans' Affairs Legislation Amendment Act 1990

Administered by Department of Veterans' Affairs

Legislation au C2004A04077 In force Act

Legislation content

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.

Legal classification tags

Area of Law
Veterans' Affairs
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Enforcement Powers
Recovery of overpayments
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.