Veterans' Affairs Legislation Amendment Act 1992 (Cth)
Veterans’ Affairs Legislation Amendment Act 1992
| Section | |
| Short title |
| Commencement |
| Principal Act |
| Interpretation |
| Regular Serviceman |
| Election to surrender eligible status |
| Insertion of new section: |
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| Criteria for issue of certificate of entitlement: advances other than widow or widower advances and advances for essential repairs |
| Maximum amounts for which subsidy is payable |
| Defence Service Homes Insurance Trust Account |
| Certain provisions of agreement not to be revoked or amended |
| Principal Act |
| Insertion of new Part: |
TABLE OF PROVISIONS—
Section | |
PART IIIA—TELEPHONE ALLOWANCE | |
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| Allowance for attendant |
| Payment of pensions |
| Pension or allowance may be paid to bank etc. |
| Insertion of new section: |
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| Claim for a pension |
| Principal Act |
| Insertion of new Part: |
PART VIIB—TELEPHONE ALLOWANCE | |
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| Insertion of new section: |
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| Parties to review before Board |
| Procedure of Board |
| Insertion of new sections: |
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| Application of sections 155AA and 155AB |
TABLE OF PROVISIONS—
Section | |
| Insertion of new section: |
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| Application of section 155AC |
| Review by Administrative Appeals Tribunal |
| Saving and transitional |
| Delegation |
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| Qualifying service |
| Schedule 2 |
| Insertion of new section: |
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| Claim for a pension |
| Funeral benefits—veterans |
| Insertion of new section: |
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| Effect of charge or encumbrance on value of assets |
| Insertion of new section: |
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| Market-linked investments made or acquired before 9 September 1988 |
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| Insertion of new sections: |
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| Determinations having interpretative effect |
| Certain assets to be disregarded in calculating the value of a person’s assets |
| Effect of charge or encumbrance on value of assets |
| Disposal of assets |
| Repeal of heading and substitution of new heading: |
| Repeal of section 52K |
| Basis for different treatment |
| Entry contribution |
| Extra allowable amount |
| Residents who are not members of a couple |
| Members of couples |
| Members of illness separated couple (both in special residences) |
TABLE OF PROVISIONS—
Section | |
| Members of illness separated couple (partner not in special residence and partner property owner) |
| Members of illness separated couple (partner not in special residence and partner not property owner) |
| Members of ordinary couple with different principal homes (both in special residences) |
| Members of ordinary couple with different principal homes (partner not in special residence and partner property owner) |
| Members of ordinary couple with different principal homes (partner not in special residence and partner not property owner) |
| Indexed and adjusted amounts |
| Adjustment of special illness separated special resident AVL |
| General definitions |
| Determinations having interpretative effect |
| Rate of age, invalidity, partner and carer service pension (no dependent children) |
| Rate of age, invalidity, partner and carer service pension (dependent child or children) |
| Rate of age and invalidity service pension (blinded veterans) |
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| Certain assets to be disregarded in calculating the value of a person’s assets |
| Cancellation or suspension determination—general |
| Insertion of new section: |
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| Resumption of payment after suspension |
| Date of effect of adverse determination |
| CPI Indexation Table |
| Manner of payment |
| Payment into bank account etc. |
| Payment of pension |
| Pension or allowance may be paid to bank etc. |
| Attendant allowance |
| Terms of appointment |
| Certain veterans who are taken to be receiving fringe benefits are eligible for treatment under Part V |
| Eligibility for treatment at Departmental expense |
| Certain concessional beneficiaries are eligible for treatment under Part V |
TABLE OF PROVISIONS—
Section | |
| Fringe benefits test—interest attributed to money not invested or invested at a low rate of interest (changes introduced on 1 March 1991) |
| Interpretation |
| Consequential, minor and technical amendments |
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PART 2—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 COMMENCING 1 JULY 1991, IMMEDIATELY AFTER THE COMMENCEMENT OF THE VETERANS’ ENTITLEMENTS AMENDMENT ACT 1991 | |
PART 3—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 COMMENCING 1 JULY 1991, IMMEDIATELY AFTER THE COMMENCEMENT OF SECTION 19 OF THE VETERANS’ ENTITLEMENTS (REWRITE) TRANSITION ACT 1991 | |
PART 4—AMENDMENTS COMMENCING 1 JULY 1991, IMMEDIATELY AFTER THE COMMENCEMENT OF SECTION 22 OF THE VETERANS’ ENTITLEMENTS (REWRITE) TRANSITION ACT 1991 | |
PART 5—AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 COMMENCING 22 MAY 1986, IMMEDIATELY AFTER THE COMMENCEMENT OF THAT ACT | |
PART 6—AMENDMENT OF THE VETERANS’ ENTITLEMENTS ACT 1986 COMMENCING 23 FEBRUARY 1991 | |
PART 7—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 COMMENCING 25 JUNE 1991 | |
PART 8—AMENDMENTS COMMENCING 20 OCTOBER 1991 | |
PART 9—AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936 COMMENCING 1 JULY 1992 |
[
The Parliament of Australia enacts:
(a) Part 1;
(b) Part 2;
(c) Divisions 1, 3, 4 and 5 of Part 3;
(d) Divisions 1, 5, 6, 8, 9, 10, 13, 14 and 15 of Part 4;
(e) sections 22, 26, 27 and 29;
(f) Part 7;
(g) Part 1 of the Schedule.
Part 5 of the Schedule is taken to have commenced on 22 May 1986, immediately after the commencement of the
Sections 23, 24, 25, 28 and 30 are taken to have commenced on 8 January 1991, immediately after the commencement of section 85 of the
Part 6 of the Schedule is taken to have commenced on 23 February 1991.
(5) Part 6 is taken to have commenced on 1 March 1991.
Part 7 of the Schedule is taken to have commenced on 25 June 1991.
Division 11 of Part 4 and Part 2 of the Schedule are taken to have commenced on 1 July 1991, immediately after the commencement of the
The following provisions are taken to have commenced on 1 July 1991, immediately after the commencement of section 22 of the
(a) Division 12 of Part 4;
(b) Part 5;
(c) Part 4 of the Schedule.
Part 3 of the Schedule is taken to have commenced on 1 July 1991, immediately after the commencement of section 19 of the
Division 7 of Part 4 is taken to have commenced on 24 July 1991.
Division 4 of Part 4 and Part 8 of the Schedule are taken to have commenced on 20 October 1991.
(13) The following provisions commence on 1 July 1992:
(a) Division 2 of Part 3;
(b) Division 2 of Part 4;
(c) Part 9 of the Schedule.
PART 2—AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918
“(aa) under subsection 4BB(2) (revocation of surrender election);”.
5. Section 4AAA of the Principal Act is amended:
(a) by inserting in subsection (1) “, subject to subsection (5A),” after “but” (last occurring);
(b) by inserting after subsection (5) the following subsections:
“
First service after 14 May 1985 (5A) A person is a regular serviceman for the purposes of this Act if:
(a) the person is covered by paragraph (1)(b) or (c); and
(b) the person’s first service in the Defence Force began after 14 May 1985; and
(c) the person’s death or discharge from the Defence Force occurred before 19 December 1988; and
(d) a notice of eligibility or a certificate of eligibility has been issued to the person under this Act or regulations made under this Act.
“(5B) If a person to whom subsection (5A) applies is dead, the person is taken to have been a regular serviceman immediately before the person’s death.
Note: this subsection has the effect of making a widow, widower or dependent parent of the person an ‘eligible person’ (see definition of ‘eligible person’ in subsection 4(1)).
“(5C) Subsections (5A) and (5B) do not apply to a person who is or has been a subsidised borrower under the Home Loans Assistance Act.”.
Section 4BA of the Principal Act is amended by omitting from subsection (3) “An” and substituting “Subject to section 4BB, an”.
After section 4BA of the Principal Act the following section is inserted:
“
4BB.(1) A person who has elected to surrender his or her status as an eligible person under section 4BA may revoke that election (the
(a) the person is not and has not been a subsidised borrower under the Home Loans Assistance Act; and
(b) the person gives the Secretary a written notice stating that the person wishes to revoke his or her surrender election; and
(c) the notice is given to the Secretary before 1 July 1992.
“
(2) A person who has elected to surrender his or her status as an eligible person under section 4BA may revoke that election (the
(a) the person is not and has not been a subsidised borrower under the Home Loans Assistance Act; and
(b) the person gives the Secretary a written notice stating that the person wishes to revoke his or her surrender election; and
(c) the notice is given to the Secretary on or after 1 July 1992 and before 1 January 1993; and
(d) the person satisfies the Secretary that:
(i) the person was not aware before 1 July 1992 that the person’s surrender election was revocable; and
(ii) the person would not have made the surrender election if the person had been aware of the matters announced in the statement made by the Minister on 22 August 1991 relating to pooling of entitlements under this Act.
“
(3) If a person’s surrender election is revoked by a notice under subsection (1) or (2), the revocation takes effect on the day on which the notice is given to the Secretary.
“(4) If a person revokes his or her surrender election the Secretary must cause a copy of the notice that revoked the election to be given to the Secretary to the Department of Defence.”.
8. Section 18 of the Principal Act is amended:
(a) by omitting from subsection (4) “subsection (5A)” and substituting “subsections (5A), (5AA) and (5AB)”;
(b) by omitting from subsection (4A) “The Secretary” and substituting “Subject to subsections (5A), (5AA) and (5AB), the Secretary”;
(c) by omitting from subsection (5) “Subsection (4) does” and substituting “Subsections (4) and (4A) do”;
(d) by omitting from subsection (5A) “(g)” and substituting “(k)”;
(e) by inserting after subsection (5A) the following subsections:
“(5AA) The Secretary may issue a certificate of entitlement in relation to subsidy on an initial advance or a further advance for the purposes referred to in paragraphs (2)(f) or (2)(k) if:
(a) the person concerned has, under section 4BB, revoked an election to surrender the person’s eligible status; and
(b) the Secretary considers that the Secretary:
(i) would have given consent to the raising of the mortgage, charge or encumbrance had that consent been sought before the mortgage, charge or encumbrance was raised; or
(ii) would have approved the incurring of the debt had that approval been sought before the debt was incurred.
“(5AB) The Secretary may issue a certificate of entitlement in relation to subsidy on an initial advance or a further advance for the purposes referred to in paragraph (2)(f) or (2)(k) if at the time when the mortgage, charge or encumbrance was raised or the debt incurred, an advance had already been made, and not fully repaid, in respect of the holding or right of residence concerned.”.
“(1A) In working out the limit of a person’s last Corporation advance, subsidised advance or contract of sale under paragraph (1)(d), the amount of the person’s last Corporation advance, subsidised advance or contract of sale is taken to include the amount of any additional advance that has subsequently been made to the person.”.
“(2) To that Trust Account there must be credited all payments to the Commonwealth in connection with its activities:
(a) as an insurer under this Act, including a payment to it under a contract or arrangement referred to in section 38F; and
(b) with respect to insurance, as an agent for an insurer.
“(3) To that Trust Account there must be debited all payments by the Commonwealth in connection with its activities:
(a) as an insurer under this Act, including:
(i) a payment by it under a contract or arrangement referred to in section 38F; and
(ii) a payment by it under section 38G; and
(iii) a payment by it that it is not legally required to make but that is of a kind that would be made by a person carrying on the business of insurance in accordance with sound commercial principles; and
(b) with respect to insurance, as an agent for an insurer.”.
(2) Immediately after the commencement of this section:
(a) any amount standing to the credit of the Defence Service Homes Contents Insurance Trust Account is payable to the Defence Service Homes Insurance Trust Account; and
(b) the Defence Service Homes Contents Insurance Trust Account is taken to be closed under subsection 62A(4) of the
Audit Act 1901 ; and(c) any investment that was held for the purposes of the Defence Service Homes Contents Insurance Trust Account immediately before the commencement of this section, becomes an investment held for the purposes of the Defence Service Homes Insurance Trust Account.
11. Section 45 of the Principal Act is amended by omitting “8.3,”.
13. After Part III of the Principal Act the following Part is inserted:
“
33A.(1) A person is eligible for a telephone allowance if:
(a) the person is an Australian mariner; and
(b) the person is eligible for a pension:
(i) at a rate worked out under subsection 18(4AA); or
(ii) at a rate worked out under section 22A by reference to section 24, 25 or subsection 27(2) (as far as that subsection relates to items 1 to 8 of the Table in subsection 27(1)) of the
Veterans’ Entitlements Act 1986 ; and(c) the person is a telephone subscriber.
Note: for ‘telephone subscriber’ see subsection (3).
“
(2) A woman is eligible for a telephone allowance if:
(a) she is the widow of a deceased Australian mariner; and
(b) she is eligible for a pension at a rate worked out under subsection 18(2); and
(c) she is a telephone subscriber.
Note: for ‘telephone subscriber’ see subsection (3).
“(3) In this section:
(a) resides in Australia; and
(b) is one of the following:
(i) an Australian citizen;
(ii) a person who is, within the meaning of the
Migration Act 1958 , the holder of a valid permanent entry permit;(iii) a person who has been granted, or who is included in, a return endorsement, or a resident return visa, in force under that Act;
(iv) a person who:
(A) is, for the purposes of that Act, an exempt non-citizen; and
(B) is likely to remain permanently in Australia;
Note: ‘exempt non-citizen’ is defined in section 4 of the
Migration Act 1958 : it covers non-citizens who are diplomats, members of armed forces, ships’ crew members and others and, under section 15 of that Act, exempt non-citizens do not need an entry permit or entry visa to enter Australia.
(a) who is an Australian resident; and
(b) who has a telephone service connected to a home of the person in Australia; and
(c) whose telephone service is connected:
(i) in that person’s name; or
(ii) in the name of the person’s spouse.
“(4) In deciding for the purposes of this section whether or not a person resides in Australia, regard must be had to:
(a) the nature of the accommodation used by the person in Australia; and
(b) the nature and extent of the family relationships the person has in Australia; and
(c) the nature and extent of the person’s employment, business or financial ties with Australia; and
(d) any other matter relevant to determining whether the person intends to remain permanently in Australia.
“33B. Even though a person is eligible for a telephone allowance, the allowance is not payable to the person if the person is eligible for a telephone allowance under the
“33C. The rate of telephone allowance is $51.80 per year.
Note: the amount specified in this section is adjusted annually (see section 33F).
“33D.(1) A full instalment of telephone allowance is payable to a person on each telephone allowance payday on which:
(a) the person is eligible for the allowance; and
(b) the allowance is payable to the person.
“(2) In this section:
(a) 1 January; and
(b) 20 March; and
(c) 1 July; and
(d) 20 September.
“33E.(1) The amount of an instalment of telephone allowance is the amount worked out by dividing the amount of the annual rate of telephone allowance by 4.
“(2) If the amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is to be increased to the nearest multiple of 10 cents.
“33F. This Act has effect as if, on 20 September each year, the amount specified in section 33C were replaced with the amount that is provided for under subsection 118S(1) of the
Note: subsection 118S(1) of the
Veterans’ Entitlements Act 1986 specifies the basic rate of telephone allowance for that Act. The amount of that rate is indexed each year on 20 September in line with CPI increases.”.
14. Section 21 of the Principal Act is amended:
(a) by inserting in subparagraph (11)(b)(i) “or 56EA” after “56E”;
(b) by inserting in subparagraph (11)(b)(i) “, 54A(6)” after “54(6)”;
(c) by adding at the end the following subsection:
“(12) An allowance under this section is not payable to an Australian mariner if a carer pension under Part 2.5 of the
Social Security Act 1991 :
(a) is payable to a person because the person is caring for the Australian mariner; or
(b) would be payable to a person because the person is caring for the Australian mariner, apart from action taken in relation to that pension:
(i) under section 231 or 231A (cancellation or suspension) of that Act because the person has contravened a provision of that Act (other than section 233, 1304 or 1305); or
(ii) under section 1231 or 1234A (deductions to recover debts and overpayments) of that Act.”.
“Note: for the procedure to be followed if the Commission determines that a person’s pension is to be paid into an account with a bank, credit union or building society see section 54A.”.
“(1A) If the person has not nominated an account for the purposes of subsection (1) the amount is not to be paid.
“(1B) If:
(a) an amount has not been paid because of subsection (1A); and
(b) the person nominates an account for the purposes of subsection (1);
the amount is to be paid under subsection (1).”.
“25A.(1) If:
(a) an Australian mariner dies; and
(b) the Australian mariner is survived by a dependant of the deceased mariner; and
(c) paragraph 17A(1)(a), (b) or (c) or subsection 17A(3) applies to the mariner;
the pension payable to the dependant in respect of the death of the mariner is payable:
(d) without the dependant having to make a claim for the pension under section 26; and
(e) without a Pensions Committee or the Commission having to make a determination under section 26AC.
Note: for the dependant’s eligibility for pension see section 17A.
“(2) The pension is payable from and including the day after the mariner died.
Note: for the rate at which the pension is payable to the dependant see section 18.”.
“Note 1: some dependants do not have to make a claim (see section 25A).
Note 2: if it is uncertain whether a person is a dependant and as a result a pension is not payable to the person under section 25A, the person may make a claim for the pension under section 26. A Pensions Committee or the Commission will determine whether the dependant is entitled to be granted a pension (see subsection 26AC(1)).”.
“
“
“
118Q.(1) A person is eligible for a telephone allowance if:
(a) the person is a service pensioner; and
(b) the person is eligible for fringe benefits under section 53A; and
(c) the person is a telephone subscriber.
Note 1: for ‘telephone subscriber’ see subsection (4).
Note 2: paragraph (1)(b) extends to a person who is taken to be eligible for fringe benefits because of section 17 of the
Veterans’ Entitlements (Rewrite) Transition Act 1991.
“
(2) A person is eligible for a telephone allowance if:
(a) the person is eligible for a pension under Part II or Part IV:
(i) at a rate specified in subsection 22(4) (extreme disablement adjustment rate); or
(ii) at the rate specified in section 24 (special rate); or
(iii) the rate of which is increased under subsection 27(2) by an amount specified in any of items 1 to 8 of the Table in subsection 27(1); or
(iv) at the rate specified in subsection 30(1) (certain war widows and war widowers rate); and
(b) the person is a telephone subscriber.
Note 1: for ‘telephone subscriber’ see subsection (4).
Note 2: the rate specified in section 24 is the rate for people to whom section 25 applies (temporary payment at special rate) as well as for people to whom section 24 applies (see subsection 25(2)).
“
(3) A person is eligible, for a telephone allowance if:
(a) the person is:
(i) a veteran who rendered eligible war service during World War 1; or
(ii) a Commonwealth veteran who rendered continuous full-time service during World War 1; or
(iii) an allied veteran who rendered continuous full-time service during World War 1; and
(b) the person is a telephone subscriber.
Note 1: for ‘telephone subscriber’ see subsection (4).
Note 2: for ‘World War 1’ see subsections 5B(1) and (3).
Note 3: in addition to the categories of eligibility described in subsections (1) to (3), World War 1 Australian mariners may be eligible for telephone allowance under a determination made under subsection 5R(1).
“(4) In this section:
(a) who is an Australian resident; and
(b) who has a telephone service connected to a home of the person in Australia; and
(c) whose telephone service is connected:
(i) in that person’s name; or
(ii) if subparagraph (i) does not apply to the person and the person is a non-illness separated spouse—in the name of the person to whom the person is legally married; or
(iii) if neither (i) nor (ii) applies to the person and the person is a member of a couple—in the name of the person’s partner.
Note: for ‘Australian resident’ see section 5G.
“118R. Even though a person is eligible for a telephone allowance, the allowance is not payable to the person:
(a) if the person is receiving a telephone allowance under the Social Security Act or the
Seamen’s War Pensions and Allowances Act 1940 ; or
(b) if:
(i) the person is a service pensioner; and
(ii) the person is a member of a couple; and
(iii) the person’s partner is receiving a telephone allowance because of subsection 118Q(3) or a determination under subsection 5R(1).
Note 1: subsection 118Q(3) covers certain categories of World War 1 veterans.
Note 2: the relevant determination under subsection 5R(1) provides eligibility for telephone allowance to certain categories of World War 1 Australian mariners.
“118S.(1) Subject to subsections (2) and (3), the rate of telephone allowance is $51.80 per year.
Note: the amount specified in subsection (1) is indexed annually in line with CPI increases under section 198F.
“(2) Subject to subsection (3), the rate of telephone allowance for a person is half the amount of the rate specified in subsection (1) if:
(a) the person is a service pensioner; and
(b) the person is eligible for fringe benefits under section 53A; and
(c) the person is a member of a couple; and
(d) the person’s partner is receiving a telephone allowance under:
(i) this Act; or
(ii) the Social Security Act; or
(iii) the
Seamen’s War Pensions and Allowances Act 1940 ; and(e) the person is living with the person’s partner in the same home.
Note: paragraph (2)(b) extends to a person who is taken to be eligible for fringe benefits because of section 17 of the
Veterans’ Entitlements (Rewrite) Transition Act 1991.
“(3) If a person is eligible for a telephone allowance because of subsection 118Q(3) or a determination under subsection 5R(1), the person’s rate of telephone allowance per year is the amount equal to the person’s annual telephone rental charge for one telephone service.
Note 1: subsection 118Q(3) covers certain categories of World War 1 veterans.
Note 2: the relevant determination under subsection 5R(1) provides eligibility for telephone allowance to certain categories of World War 1 Australian mariners.
“
“118T.(1) A full instalment of telephone allowance is payable to a person on each telephone allowance payday on which:
(a) the person is eligible for the allowance; and
(b) the allowance is payable to the person.
“(2) In this section:
(a) 1 January; and
(b) 20 March; and
(c) 1 July; and
(d) 20 September.
“118U.(1) The amount of an instalment of telephone allowance is the amount worked out by dividing the amount of the annual rate of telephone allowance by 4.
“(2) If the amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is to be increased to the nearest multiple of 10 cents.”.
“198F.(1) In this section, unless the contrary intention appears:
(a) the year commencing on 20 September 1992; or
(b) any later year commencing on 20 September.
“(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 purpose 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 rate in relation to a year to which this section applies is greater than 1, this Act, and any Act that refers to this Act, have effect as if for that relevant rate there were substituted, on the first day of that year:
(a) subject to paragraph (b)—the rate worked out by multiplying by that factor:
(i) where subparagraph (ii) does not apply—the relevant rate; or
(ii) if, because of another application or other applications of this section, this Act has had effect as if another rate was substituted, or other rates were successively substituted, for the relevant rate—the substituted rate or the last substituted rate, as the case may be; or
(b) where the amount of the rate worked out under paragraph (a) is not a multiple of 80 cents—a rate equal to that amount rounded up to the nearest multiple of 80 cents.
“(5) The factor to be worked out for the purposes of subsection (4) in relation to a year to which this section applies is:
(a) in relation to the year commencing on 20 September 1992 the
number, calculated to 3 decimal places, worked out by dividing the index number for the June quarter 1992 by the index number for the June quarter 1991; or
(b) in relation to each subsequent year—the number calculated to 3 decimal places, worked out by dividing the index number for the last preceding June quarter by the highest index number in respect of an earlier June quarter, not being a June quarter that occurred before 1992; or
(c) if the number worked out under paragraph (a) or (b) would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so worked out increased by 0.001.
“(6) Where, because of the application of this section, this Act has effect as if another rate were substituted for a relevant rate on the first day of a year to which this section applies, the substitution, in so far as it affects instalments of telephone allowance under this Act, has effect in relation to every instalment of the allowance that falls due on or after the first day of that year.”.
“Note: if the Principal Member gives an applicant a notice under subsection 155AA(4) or 155AB(4) and the applicant wants to be represented by another person in relation to it, the applicant must so authorise the representative in writing after receiving the notice (see section 155AC).”.
Section 148 of the Principal Act is amended by omitting subsections (3A), (3B), (3C), (3D) and (3E).
The Principal Act is amended by inserting after section 155 the following sections:
“155AA.(1) In this section:
“(2) This section applies to an application for review unless:
(a) the hearing of the review has finished within the standard review period; or
(b) as at the end of the standard review period, a date, time and place is fixed for the commencement or resumption of the hearing of the review.
“(3) For the purposes of paragraph (2)(a), the hearing of a review is taken to have finished when there are no further submissions to be made to the Board by any of the parties to the review.
“(4) If, at the end of the standard review period:
(a) this section applies to an application for review; and
(b) the Principal Member considers that the applicant should be ready to proceed at a hearing;
the Principal Member must give a written notice to the applicant requesting the applicant to provide to the Principal Member, within 28 days after receiving the notice;
(c) a written statement indicating that the applicant is ready to proceed at a hearing; or
(d) a written statement explaining why the applicant is not ready to proceed at a hearing.
“(5) If the applicant does not provide a written statement under paragraph (4)(c) or (d) within the 28 days, the Principal Member must dismiss the application and must notify the applicant and the Commission of the dismissal.
“(6) If:
(a) the applicant provides a written statement under paragraph (4)(d) within the 28 days; and
(b) the Principal Member considers that the statement contains a reasonable explanation for the applicant’s failure to be ready to proceed at a hearing;
the Principal Member must notify the applicant and the Commission of this.
“(7) If:
(a) the applicant provides a written statement under paragraph (4)(d) within the 28 days; and
(b) the Principal Member considers that the statement does not contain a reasonable explanation for the applicant’s failure to be ready to proceed at a hearing;
the Principal Member must dismiss the application and must notify the applicant and the Commission of the dismissal.
“155AB.(1) In this section:
“(2) If the Principal Member has given an applicant for review an extension notice, this section applies to that application unless:
(a) the hearing of the review has finished within the extended review period; or
(b) as at the end of the extended review period, a date, time and place is fixed for the commencement or resumption of the hearing of the review.
“(3) For the purposes of paragraph (2)(a), the hearing of a review is taken to have finished when there are no further submissions to be made to the Board by any of the parties to the review.
“(4) If this section applies to an application for review at the end of the extended review period, the Principal Member must give a written notice to the applicant requesting the applicant to provide to the Principal Member, within 28 days after receiving the notice:
(a) a written statement indicating that the applicant is ready to proceed at a hearing; or
(b) a written statement explaining why the applicant is not ready to proceed at a hearing.
“(5) If the applicant does not provide a written statement under paragraph (4)(a) or (b) within the 28 days, the Principal Member must dismiss the application and must notify the applicant and the Commission of the dismissal.
“(6) If:
(a) the applicant provides a written statement under paragraph (4)(b) within the 28 days; and
(b) the Principal Member considers that the statement contains a reasonable explanation for the applicant’s failure to be ready to proceed at a hearing;
the Principal Member must notify the applicant and the Commission of this.
“(7) If:
(a) the applicant provides a written statement under paragraph (4)(b) within the 28 days; and
(b) the Principal Member considers that the statement does not contain a reasonable explanation for the applicant’s failure to be ready to proceed at a hearing;
the Principal Member must dismiss the application and must notify the applicant and the Commission of the dismissal.”.
“155AC.(1) An applicant for review may authorise another person to represent the applicant in relation to a notice under subsection 155AA(4)or 155AB(4).
“(2) An authorisation under subsection (1) must be in writing.
“(3) The applicant may authorise the representative only after the applicant has received the notice.
“(4) If the Principal Member has approved a form for the purposes of subsection (1), the applicant must authorise the representative in that form.
“(5) If the applicant does authorise a representative, the representation is to be at the applicant’s own expense.”.
28. Section 155A of the Principal Act is amended:
(a) by omitting from paragraph (1)(a) “subsection 148(3B)” and substituting “subsection 155AA(5) or 155AB(5)”;
(b) by omitting from paragraph (1)(b) “paragraph 148(3C)(b)” and substituting “paragraph 155AA(6)(b) or 155AB(6)(b)”;
(c) by omitting from paragraph (1)(c) “paragraph 148(3D)(b)” and substituting “paragraph 155AA(7)(b) or 155AB(7)(b)”.
29.(1) In this section:
If the Principal Member has given a notice to an applicant in purported reliance on subsection 148(3E) of the Principal Act as in force immediately before the transition day, the notice has effect as if it were a notice given under subsection 155AB(4) of the Principal Act.
(4) If:
(a) the Principal Member has given a notice to an applicant in purported reliance on section 148 of the Principal Act as in force immediately before the transition day; and
(b) the applicant has provided a written statement in purported reliance on that section as in force immediately before that day;
the written statement has effect as if it were given under section 155AA or 155AB, as the case requires, of the Principal Act.
“(1A) The Principal Member may, by writing signed by him or her, also delegate all or any of his or her powers under section 155AA or 155AB to a registrar or a deputy registrar.”.
“12. The area comprising Cambodia | The period from and including 20 October 1991”. |
“13A.(1) If:
(a) a veteran dies; and
(b) the veteran is survived by a dependant of the deceased veteran; and
(c) the veteran:
(i) was, immediately before the veteran’s death, a veteran to whom subsection 22(4) or section 24 applied; or
(ii) was, immediately before the veteran’s death, a veteran to whom section 22, 23 or 25 applied who was in receipt of a pension the rate of which had been increased under subsection 27(2) by an amount specified in any of items 1 to 8 of the Table in subsection 27(1); or
(iii) is a veteran to whom subsection 13(3) applies;
the pension payable to the dependant in respect of the death of the veteran is payable:
(d) without the dependant having to make a claim for the pension under section 14; and
(e) without the Commission having to make a determination under section 19.
Note: for the dependant’s eligibility for pension see subsection 13(2).
“(2) The pension is payable from and including the day after the veteran died.
Note: for the rate at which the pension is payable to the dependant see section 30.”.
“Note 1: some dependants do not have to make a claim (see section 13A).
Note 2: if it is uncertain whether a person is a dependant and as a result a pension is not payable to the person under section 13A, the person may make a claim for the pension under section 14. The Commission will determine whether the person is entitled to be granted a pension (see subsection 19(3)).”.
Section 99 of the Principal Act is amended by omitting paragraphs (1)(b) and (c).
After section 99 of the Principal Act the following section is inserted:
“99A.(1) The Commission is to grant a benefit, called a funeral benefit, to the estate of a deceased veteran if:
(a) the veteran, immediately before his or her death, was being paid a pension under Part II as a veteran to whom section 24 applied; or
(b) the veteran, immediately before his or her death, was being paid a pension under Part II at a rate that had been increased under section 27 by reason that the veteran was incapacitated
from a war-caused injury or a war-caused disease of a kind described in items 1 to 8 of the Table in subsection 27(1).
“(2) The amount of the funeral benefit is $550.”.
38. Section 5L of the Principal Act is amended:
(a) by inserting in subsection (1) the following definitions:“
‘family member’ , in relation to a person, means:
(a) the partner, father or mother of the person; or
(b) a sister, brother or child of the person; or
(c) another person who, in the Commission’s opinion, should be treated for the purposes of this definition as one of the person’s relations described in paragraph (a) or (b);
‘fishing operations’ means:
(a) operations relating directly to the taking or catching of fish, turtles, crustacea, oysters or other shellfish; or
(b) oyster farming; or
(c) pearling operations;
but does not include:
(d) whaling; or
(e) operations conducted otherwise than for the purposes of a business;
‘forest operations’ means:
(a) the planting or tending in a plantation or forest of trees intended for felling; or
(b) the felling of trees in a plantation or forest;
but does not include operations conducted otherwise than for the purposes of a business;
‘primary producer’ means a person whose principal occupation is primary production;
‘primary production’ means production resulting directly from:
(a) the cultivation of land; or
(b) the maintenance of animals or poultry for the purpose of selling them or their bodily produce, including natural increase; or
(c) fishing operations; or
(d) forest operations;
and includes the manufacture of dairy produce by the person who produced the raw material used in that manufacture;”;
(b) by inserting after subsection (3) the following subsection:“(3A) A reference in this Act to the value of a
liability of aperson is, if the liability is shared by the person with another person, a reference to the value of the person’s share of the liability.”.
39. Section 52C of the Principal Act is amended:
(a) by adding at the end of subsection (1) the following Note:“Note: this section does not apply to an asset to which section 52CA (primary production assets) applies.”.
(b) by omitting subsection (2) and substituting the following subsection:“(2) Subsection (1) does not apply to a charge or encumbrance over an asset of a person to the extent that:
(a) the charge or encumbrance is a collateral security; or
(b) the charge or encumbrance was given for the benefit of a person other than the person or the person’s partner.”;
(c) by omitting subsection (5).
“52CA.(1) For the purposes of working out the value of a person’s assets under this Act, if:
(a) the person is:
(i) a primary producer; or
(ii) a family member of a primary producer; and
(b) the person has assets (including real property) that are, in the Commission’s opinion, used for the purposes of carrying on that primary production; and
(c) the person also has liabilities that are, in the Commission’s opinion, related to the carrying on of the primary production;
then:
(d) section 52C does not apply in relation to the assets referred to in paragraph (b); and
(e) those assets are taken to be a single asset (the
‘primary production asset’ ); and(f) the value of that single asset is worked out under subsection (2).
Note: for ‘family member’ see subsection 5L(1).
“(2) The value of a person’s primary production asset is worked out in the following way:
Add together the value of the assets referred to in paragraph (1)(b): the result is called the | |
Add together the value of the liabilities referred to in paragraph (1)(c): the result is called the | |
Take the total liability away from the unencumbered value: the result is the value of the person’s primary production asset. |
“(3) If the result under Step 3 of the Method statement is less than nil, the value of the primary production asset is taken to be nil.”.
41. Section 46J of the Principal Act is amended:
(a) by omitting from subsection (1) “If” and substituting “Subject to subsection (4), if”;
(b) by adding at the end the following subsections:
“(4) This section does not apply to the realisation of a person’s market-linked investment if:
(a) the investment is in a public unit trust; and
(b) the trust is a property trust; and
(c) the trust is not listed on a stock exchange; and
(d) the person made or acquired the investment before 9 September 1988; and
(e) the investment is realised on or after 24 July 1991 and before 23 July 1992; and
(f) the investment is realised due to a restructuring of the trust.
“(5) For the purposes of paragraph (4)(f), a person’s investment is realised due to a restructuring if:
(a) in realising the investment the person exchanges the investment for an investment in another public unit trust that is a property trust; and
(b) the same manager manages both the investments referred to in paragraph (a).”.
“; (zk) an amount paid by a buyer under a sale leaseback agreement.”.
43. Section 5L of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of “granny flat interest”;
(b) by omitting from the Note to subsection (1) “52K-52X (retirement villages)” and substituting “52KA-52X (special residences)”;
(c) by omitting subparagraph (4)(a)(ii) and substituting the following subparagraph:
“(ii) the person’s right or interest in the home gives the person reasonable security of tenure in the home; and”;
(d) by omitting subparagraph (4)(b)(ii) and substituting the following subparagraph:“(ii) the person’s right or interest, or the partner’s right or interest, in the home gives the person, or the person’s partner, reasonable security of tenure in the home; and”;
(e) by omitting the Note to subsection (4) and substituting the following Note:“Note: see also sections 52KA-52X (special residences).”;
(f) by omitting subsection (8A).
44. Section 5M of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of “actual value”;
(b) by inserting in subsection (1) the following definition:
“
‘retirement village resident’ has the meaning given by subsection (5).”;
(c) by omitting subsections (5) and (6) and substituting the following subsection:“(5) A person is a retirement village resident if the person’s principal home is in a retirement village.”.
“5MA.(1) In this Act, unless the contrary intention appears:
“(2) A person has a granny flat interest in the person’s principal home if:
(a) the residence that is the person’s principal home is a private residence; and
(b) the person has acquired for valuable consideration or has retained:
(i) a right to accommodation for life in the residence; or
(ii) a life interest in the residence.
“(3) A person is a granny flat resident if the person has a granny flat interest in the person’s principal home.
“5MB.(1) In this Act, unless the contrary intention appears:
“(2) An agreement is a sale leaseback agreement, in relation to a person, if:
(a) under the agreement the person agrees to sell his or her principal home; and
(b) the residence that is the person’s principal home is a private residence; and
(c) under the agreement the person retains a right to accommodation in the residence; and
(d) under the agreement the buyer is to pay an amount when the person vacates the residence or when the person dies.
“(3) An agreement is a sale leaseback agreement for the purposes of this Act if the agreement is an agreement in respect of which a determination under subsection 5R(14) is in force.
“(4) The initial payment amount, in relation to a sale leaseback agreement, is the amount that the Commission determines to be the
initial amount that the buyer is to pay under the sale leaseback agreement.
“(5) In making the determination the Commission is to have regard to the following:
(a) the consideration to be provided by the parties to the sale leaseback agreement;
(b) when that consideration is to be provided;
(c) the payments that are to be made under the sale leaseback agreement;
(d) when those payments are to be made;
(e) any other relevant matters.
“(6) The deferred payment amount, in relation to a sale leaseback agreement, is the total amount to be paid by the buyer under the sale leaseback agreement less the initial payment amount.
“(7) If the Commission considers that, for any special reason in a particular case, the deferred payment amount should be another amount, the deferred payment amount is that other amount.
Note: sections 52E to 52J (disposal of assets) may be relevant to working out the deferred payment amount.
“(8) Without limiting subsection (7), the Commission may consider that the deferred payment amount should be another amount if:
(a) the parties to the sale leaseback agreement are not at arm’s length; or
(b) the parties to the sale leaseback agreement have undervalued the sale leaseback home so as to reduce the total amount to be paid by the buyer under the agreement.
“(9) A residence is a sale leaseback home if the residence is subject to a sale leaseback agreement.
“(10) A person is a sale leaseback resident if:
(a) the person’s principal home is subject to a sale leaseback agreement; and
(b) the person is a party to the sale leaseback agreement.
“(11) If a person is a member of a couple, the person is a sale leaseback resident if:
(a) the person lives in the sale leaseback home; and
(b) the person’s partner is a sale leaseback resident.
Note: subsection (11) will only be used if a person is not a sale leaseback resident under subsection (10).
“5MC.(1) In this Act, unless the contrary intention appears:
“(2) A residence is a special residence if the residence is:
(a) in a retirement village; or
(b) a granny flat; or
(c) a sale leaseback home.
“(3) A person is a special resident if the person is:
(a) a retirement village resident; or
(b) a granny flat resident; or
(c) a sale leaseback resident.
“(4) In Subdivision C of Division 14 (sections 52KA to 52X), a reference to the actual value of the assets of a member of a couple is a reference to the value of the assets that are actually assets of the person rather than the person’s partner, that is, the value that would be the value of the person’s assets apart from the couple’s assets deeming provisions.
“(5) In subsection (4):
(a) Service Pension Rate Calculator Where There Are No Dependent Children (point 41-F2); and
(b) Service Pension Rate Calculator Where There Are Dependent Children (point 42-G2); and
(c) Service Pension Rate Calculator for Widows, Widowers and Non-illness Separated Spouses (point 44-F2).”.
“
(14) The Commission may determine that an agreement is a sale leaseback agreement if the Commission is satisfied that the agreement is substantially similar in its effect to an agreement referred to in subsection 5MB(2).
“(15) The determination must be in writing.”.
47. Section 52 is amended:(a) by omitting from subparagraph (1)(a)(i) “and”;
(b) by omitting subparagraph (1)(a)(ii);
(c) by omitting from subparagraph (1)(b)(i) “and”;
(d) by omitting subparagraph (1)(b)(ii);
(e) by inserting after paragraph (1)(fa) the following paragraphs:
“(fb) if:
(i) the person has a granny flat interest in the person’s principal home; and
(ii) the person is a person to whom subsection 52Q(2), 52R(2), 52S(2), 52S(5), 52T(2), 52U(2) or 52V(2) applies;
the value of the granny flat interest;
Note: a person described in subparagraph (ii) will have acquired or retained the granny flat interest on or after 22 August 1990 (see section 52KA).
(fc) if:
(i) the person is a sale leaseback resident; and
(ii) the person is a person to whom subsection 52Q(2), 52R(2), 52S(2), 52S(5), 52T(2), 52U(2) or 52V(2) applies;
the value of any right or interest of the person in the sale leaseback home;”;
(f) by omitting from subsection (4) “52K to 52X (retirement villages)” and substituting “52KA to 52X (special residences)”.
Section 52E of the Principal Act is amended by omitting from the Note to subsection (2) “5L(8A)” and substituting “5MA(2)”.
Omit “5(12)”, substitute “5B(2)”.
Omit “5(12)”, substitute “5B(2)”.
Add at the end:
“Note: for ‘available money’ and ‘deposit money’ (see subsection 5H(1)).
(1A) For the purposes of this section:
(a)
‘available money’ does not include money specified in a determination under section 46Z; and(b)
‘deposit money’ does not include money specified in a determination under section 46Z.”.
Omit the subsection.
Omit the subsection.
Repeal the section, substitute:
“46Z.(1) The Minister may determine that:
(a) specified money of a person; or
(b) specified money of a class of persons;
is to be disregarded in calculating a person’s available money or a person’s deposit money for the purposes of section 46W.
“(2) The determination is to be in writing.
“(3) The determination takes effect on the day on which the determination was made or on such later day or earlier day as is specified in the determination.”.
Omit the subsection.
Omit the subsection.
Repeal the section, substitute:
“46ZF.(1) The Minister may determine that:
(a) specified loans; or
(b) a specified class of loans;
are to be disregarded for the purposes of sections 46ZD and 46ZE.
“(2) The determination is to be in writing.
“(3) The determination takes effect on the day on which the determination was made or on such later day or earlier day as is specified in the determination.”.
After “person” (last occurring) insert “or the unit”.
Omit “or 10”, substitute “, 10 or 11”.
After “(3A)(a)”, insert “or (3B)(a)”.
Insert:
“(3B) In this section, if:
(a) a lump sum payment is made under section 30 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 to a person who is:(i) a member of the Forces or a member of a Peacekeeping Force, in respect of the incapacity of the member from injury or disease; or
(ii) a dependant of a member of the Forces or of a member of a Peacekeeping Force, in respect of the death of the member from injury or disease; and
(b) that person is in receipt of, or is subsequently granted, a pension under this Part in respect of that incapacity or death;
the person is taken to have been, or to be, in receipt of payments of compensation:
(c) that is determined by, or under the instructions of, the Commonwealth Actuary to be equivalent to the amount of that lump sum payment; and
(d) at the rate per fortnight determined by, or under the instructions of, the Commonwealth Actuary for the period until the person reaches 65; and
(e) beginning:
(i) on the day that the lump sum payment is made to that person; or
(ii) on the day the pension becomes payable to the person; whichever is the later day.”.
Omit “or 11”, substitute “, 11 or 12”.
Omit “or 11”, substitute “, 11 or 12”.
Insert:
“Telephone allowance 24ACWA”.
Insert:
“24ACWA. Payments under Part VIIB of the
1. 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; No. 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; No. 124, 1988; Nos. 86 and 93, 1989; and Nos. 2, 14, 73, 74 and 208, 1991.
2. 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; No. 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. 93 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; Nos. 163 and 164, 1989; No. 119, 1990; and Nos. 2, 70 and 73, 1991.
3. 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, 134 and 135, 1988; Nos. 59, 83, 84, 93, 163 and 164, 1989; Nos. 56, 84 and 119, 1990; Nos. 2, 72, 73, 74 and 208, 1991; and Nos. 12 and 51, 1992.
No. 73, 1991, as amended. For previous amendments, see No. 74, 1991.
5. 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; Nos. 79, 87, 99 and 155, 1988; No. 95, 1989; Nos. 3, 84, 106 and 141, 1990; Nos. 6, 68, 70, 73, 83, 84, 115, 116, 119, 122, 141, 169, 175, 208 and 211, 1991.
[
Minister’s second reading speech made in —
House of Representatives on 7 May 1992
Senate on 28 May 1992
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