Veterans' Affairs Legislation Amendment Act 1992

Administered by Department of Veterans' Affairs

Legislation au C2004A04361 Not in force Act

Legislation content

Veterans’ Affairs Legislation Amendment Act 1992

No. 70 of 1992

TABLE OF PROVISIONS

PART 1-PRELIMINARY

Section

 

1.

Short title

2.

Commencement

PART 2—AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918

3.

Principal Act

4.

Interpretation

5.

Regular Serviceman

6.

Election to surrender eligible status

7.

Insertion of new section:

 

4BB. Revocation of election to surrender eligible status

8.

Criteria for issue of certificate of entitlement: advances other than widow or widower advances and advances for essential repairs

9.

Maximum amounts for which subsidy is payable

10.

Defence Service Homes Insurance Trust Account

11.

Certain provisions of agreement not to be revoked or amended

PART 3—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940

Division 1—Preliminary

12.

Principal Act

Division 2—Telephone allowance

13.

Insertion of new Part:


TABLE OF PROVISIONS—continued

Section

 

 

PART IIIA—TELEPHONE ALLOWANCE

 

33A. Eligibility for telephone allowance

 

33B. Telephone allowance not payable in some circumstances

 

33C. Rate of telephone allowance

 

33D. Payment by instalments

 

33E. Calculation of amount of instalment

 

33F. Adjustment of telephone allowance

 

Division 3—Attendant allowance

14.

Allowance for attendant

 

Division 4—Nomination of bank account etc.

15.

Payment of pensions

16.

Pension or allowance may be paid to bank etc.

 

Division 5—Automatic payment of pension

17.

Insertion of new section:

 

25A. Certain dependants to be automatically paid pension

18.

Claim for a pension

 

PART 4—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986

 

Division 1—Preliminary

19.

Principal Act

 

Division 2—Telephone allowance

20.

Insertion of new Part:

 

PART VIIB—TELEPHONE ALLOWANCE

 

Division 1—Eligibility for and payability of telephone allowance

 

118Q. Eligibility for telephone allowance

 

118R. Telephone allowance not payable in some circumstances

 

Division 2—Rate of telephone allowance

 

118S. Rate of telephone allowance

 

Division 3—Payment of telephone allowance

 

118T. Payment by instalments

 

118U. Calculation of amount of instalment

21.

Insertion of new section:

 

198F. Indexation of telephone allowance

 

Division 3—Veterans’ Review Board

22.

Parties to review before Board

23.

Procedure of Board

24.

Insertion of new sections:

 

155AA. Power to dismiss application—initial consideration

 

155AB. Power to dismiss application—subsequent consideration

25.

Application of sections 155AA and 155AB


TABLE OF PROVISIONS—continued

Section

 

26.

Insertion of new section:

 

155AC. Representation of applicant where outcome could be dismissal of application

27.

Application of section 155AC

28.

Review by Administrative Appeals Tribunal

29.

Saving and transitional

30.

Delegation

 

Division 4—Cambodia service

31.

War and operational area related definitions

32.

Qualifying service

33.

Schedule 2

 

Division 5—Automatic payment of pension and funeral benefit

34.

Insertion of new section:

 

13A. Certain dependants to be automatically paid pension

35.

Claim for a pension

36.

Funeral benefits—veterans

37.

Insertion of new section:

 

99A. Funeral benefits paid to estate of certain deceased veterans

 

Division 6—Assets test (primary production assets)

38.

Assets test definitions

39.

Effect of charge or encumbrance on value of assets

40.

Insertion of new section:

 

52CA. Effect of certain liabilities on value of assets used…

Overview

The Veterans' Affairs Legislation Amendment Act 1992 (C2004A04361) was enacted by the Parliament of Australia to amend the law relating to veterans' affairs and address certain gaps and issues within existing legislation. The Act makes amendments to various Acts, including the Defence Service Homes Act 1918, Seamen's War Pensions and Allowances Act 1940, Veterans' Entitlements Act 1986, and the Veterans' Entitlements (Rewrite) Transition Act 1991. The policy objective of this Act is to improve the administration and management of veterans' affairs, including the provision of benefits, pensions, and allowances to eligible veterans and their dependants.

Scope and Application

The Veterans’ Affairs Legislation Amendment Act 1992 applies to veterans and their dependants, along with their families, who are eligible for benefits or pensions under the Defence Service Homes Act 1918, the Seamen’s War Pensions and Allowances Act 1940, and the Veterans’ Entitlements Act 1986. The Act aims to amend the existing laws to provide a comprehensive framework for administering veterans' affairs in Australia. It introduces new provisions, modifies existing ones, and repeals certain outdated sections to ensure that the legislation remains relevant and effective in addressing the needs of veterans and their families. The Act extends to all states and territories of Australia, as it is a Commonwealth Act. However, it does not explicitly state any exclusions or thresholds, meaning that all eligible veterans and their dependants within the defined scope are subject to the provisions of the Act. The Act also extends its application through subordinate instruments, such as regulations and guidelines, which may provide further details on the implementation and administration of the amended laws.

Key Provisions

  • The Veterans’ Affairs Legislation Amendment Act 1992 makes several amendments to existing legislation relating to veterans’ affairs. Key provisions include changes to the Defence Service Homes Act 1918, Seamen’s War Pensions and Allowances Act 1940, and the Veterans’ Entitlements Act 1986. The Act also amends the Veterans’ Entitlements (Rewrite) Transition Act 1991 and the National Health Act 1953.
  • The Act introduces new sections and modifies existing ones to adjust the eligibility criteria for certain pensions and allowances, including telephone allowances for service pensioners and Australian mariners. It also establishes new procedures for the Veterans’ Review Board, allowing for the dismissal of applications if applicants do not provide necessary statements within specified timeframes. Additionally, the Act revises the definition of "primary production assets" and modifies the assets test to better accommodate veterans involved in primary production activities.
  • Pensions and allowances are subject to new conditions, such as the automatic payment of pensions to certain dependants without the need for a claim. The Act also introduces new definitions and criteria for "special residences" and "special residents," impacting how assets and liabilities are assessed for pension eligibility.
  • Offences and penalties are not explicitly detailed in the Act, but non-compliance with the new provisions could lead to administrative consequences, such as the cancellation or suspension of pensions, as outlined in the amended sections of the Veterans’ Entitlements Act 1986. For instance, failure to comply with notices under section 54A could result in the cancellation or suspension of a pension under sections 56E or 56EA. These administrative penalties are intended to ensure compliance with the new legislative requirements and to maintain the integrity of the veterans' benefits system.

Legal classification tags

Area of Law
Veterans’ Affairs
Social Security
Pensions
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Regulatory Standards
Reporting & Disclosure Obligations
Enforcement Powers
Civil Penalty Provisions
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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.