Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 (Cth)
This compilation was prepared on 24 September 2002
[Schedule 5 (item 1) added subsection 2(16A)
Schedule 5 (item 2) repealed and substituted item 97 of Schedule 1
The amendments made by item 1 commenced on 3 November 1997
The amendments made by item 2 commenced on 11 December 1997]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Veterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 .
(1) Subject to the following subsections, this Act commences on the day on which it receives the Royal Assent.
(2) Part 1, and items 130, 131, 132 and 135, of Schedule 1 are taken to have commenced on 13 May 1997.
(3) Parts 2 and 3 of Schedule 1 commence on 1 January 1998.
(4) Part 4 of Schedule 1 commences on 20 September 1998.
(5) Part 5 of Schedule 1 commences on the earlier of the following days:
(a) the social security payday that is the third such payday to occur after the day on which this Act receives the Royal Assent; or
(b) the 25 December 1997 carer payment payday.
Note: For the meaning of
social security payday and25 December 1997 carer payment payday , see subsection (17).(6) Part 7 of Schedule 1 commences on the seventh day after the day on which this Act receives the Royal Assent.
(7) Schedule 4 is taken to have commenced on 1 July 1997.
(8) Schedules 5 and 7 commence on the 28th day after the day on which this Act receives the Royal Assent.
(9) Part 1 of Schedule 8 is taken to have commenced on 5 June 1987, immediately after the
Veterans’ Affairs Legislation Amendment Act 1987 received the Royal Assent.(10) Part 2 of Schedule 8 is taken to have commenced on 16 December 1994, immediately after the
Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 received the Royal Assent.(11) Part 3 of Schedule 8 is taken to have commenced on 17 October 1995, immediately after the
Veterans’ Affairs Legislation Amendment and Repeal Act 1995 received the Royal Assent.(12) Part 4 of Schedule 8 is taken to have commenced on 14 November 1995, immediately after the
Veterans’ Affairs (1995-96 Budget Measures) Legislation Amendment Act 1995 received the Royal Assent.(13) Part 5 of Schedule 8 is taken to have commenced on 12 December 1995, immediately after the
Veterans’ Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995 received the Royal Assent.(14) Part 6 of Schedule 8 is taken to have commenced on 9 January 1996, immediately after the
Social Security and Veterans’ Affairs Legislation Amendment Act 1995 received the Royal Assent.(15) Part 7 of Schedule 8 is taken to have commenced on 1 July 1997.
(16) Part 8 of Schedule 8 is taken to have commenced on 20 March 1996.
(16A) Item 28 of Schedule 8 is taken to have commenced on 4 July 1996, immediately after the commencement of Schedule 7 to the
Veterans’ Affairs Legislation Amendment (1995‑96 Budget Measures) Act (No. 2) 1995 .(17) In this section:
social security payday means a day that is a pension payday as defined in section 23 of theSocial Security Act 1991 .
25 December 1997 carer payment payday means:
(a) unless paragraph (b) applies—the social security payday that falls on 25 December 1997; or
(b) if, under section 218 of the
Social Security Act 1991 , a direction is made that amounts of carer payment that would normally be paid on 25 December 1997 are to be paid on a specified earlier day—that specified earlier day.
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1 Section 5 (index, entry relating to operational service) Omit the entry, substitute:
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Insert the following entries in their appropriate alphabetical positions (determined on a letter‑by‑letter basis):
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Insert:
non‑warlike service means service in the Defence Force of a kind determined in writing by the Minister for Defence to be non‑warlike service.
4
Subsection 5C(1) (definition of operational service) Omit “section 6”, substitute “sections 6 to 6F”.
Insert:
warlike service means service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.
Repeal the section, substitute:
Sections 6A to 6F deal with operational service as set out in the following table:
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(1) Subject to subsection (3), a person referred to in column 2 of an item in the following table is taken to have been rendering operational service during any period during which the person was rendering continuous full‑time service of a kind referred to in column 3 of that item.
1 | A member of the Defence Force |
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2 | A member of the Defence Force who enlisted in the Defence Force while living on a Torres Strait Island |
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3 | A member of the naval, military or air forces of a Commonwealth country or of an allied country who was domiciled in Australia or an external Territory immediately before his or her appointment or enlistment in those forces | Continuous full‑time service during a war to which this Act applies rendered: (a) outside that country; or
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(2) A person referred to in column 2 of an item in the following table is taken to have been rendering operational service during the period, or at the time, specified in column 3 of that item.
1 | A person who was, during a war to which this Act applies, employed by the Commonwealth on a special mission outside Australia | The period during which the person was so employed by the Commonwealth |
2 | An eligible civilian who was killed, during the invasion of the Territory of Papua or the Territory of New Guinea during World War 2, as a result of action by the enemy | The time of the event as a result of which the person was killed |
3 | An eligible civilian who was detained by the enemy during World War 2 | The period during which the person was so detained |
4 | A person who, while rendering continuous full‑time service as a member of the Defence Force within Australia during World War 2, was injured, or contracted a disease, as a result of enemy action | The time of the event as a result of which the person was injured or contracted the disease |
(3) Any continuous full‑time service that was rendered during World War 2 by a member of the Defence Force (other than a member of the Interim Forces) on or after the cut off date for the member is not taken to be operational service.
(4) For the purposes of subsection (3), the
cut off date for a member of the Defence Force is the date applicable to the member in accordance with the following table:
1 | A member who was appointed or enlisted for war service in any part of the Defence Force that was raised during World War 2 for war service, or solely for service during that war or during that war and a definite period immediately following that war | 1 July 1951 |
2 | A member who was appointed or enlisted in the Citizen Forces and was called up for continuous full‑time service for the duration of, or directly in connection with, World War 2 | 1 July 1951 |
3 | A member who served in the British Commonwealth Occupation Force in Japan | 1 July 1951, or the day on which the member arrived back in Australia on the completion of his or her service in that Force, whichever is the earlier |
4 | Any other member | 3 January 1949 |
(1) A person is taken to have been rendering operational service during:
(a) any period of employment outside Australia as an Australian mariner on a ship; or
(b) any period of employment within Australia as an Australian mariner on a ship if that period of employment ended immediately before, or started immediately after, the period of employment referred to in paragraph (a).
(2) A person who, while employed within Australia as an Australian mariner on a ship, was injured, or contracted a disease, as a result of enemy action is taken to have been rendering operational service at the time of the event as a result of which the person was injured or contracted the disease.
(3) A person who was employed within Australia as an Australian mariner on a ship in such circumstances that the employment should, in the opinion of the Commission, be treated as employment in actual combat against the enemy is taken to have been rendering operational service while the person was so employed.
(4) Without limiting subsection (1), a person is taken to have been employed outside Australia as an Australian mariner on a ship in each of the following circumstances:
(a) at any time when the person was at a place outside Australia on leave from the ship while the ship was at a port outside Australia;
(b) at any time when the person was outside Australia while on his or her way to take up employment as an Australian mariner on a ship;
(c) while the person was awaiting return to Australia from employment as an Australian mariner on a ship;
(d) while the person was returning to Australia from employment as an Australian mariner on a ship.
(5) For the purposes of this section, if a person was employed as an Australian mariner on a ship undertaking a voyage for the purpose of going from a place within Australia to another place within Australia, the member is taken to have been employed within Australia during the whole of the voyage.
(6) In this section:
Australia does not include an external territory.
6C
Operational service—post World War 2 service in operational areas (1) Subject to this section, a member of the Defence Force who has rendered continuous full‑time service in an operational area as:
(a) a member who was allotted for duty in that area; or
(b) a member of a unit of the Defence Force that was allotted for duty in that area;
is taken to have been rendering operational service in the operational area while the member was so rendering continuous full‑time service.
(2) A member of the naval, military or air forces of a Commonwealth country or of an allied country who:
(a) was domiciled in Australia or an external Territory immediately before his or her appointment or enlistment in those forces; and
(b) has rendered continuous full‑time service in an operational area;
is taken to have been rendering operational service in the operational area while the member was so rendering continuous full‑time service.
(3) For the purposes of subsection (1), a member of the Defence Force is, subject to subsection (4), taken to have rendered continuous full‑time service in an operational area during the period commencing on:
(a) if the member was in Australia on the day (
relevant day ) from which the member, or the unit of the member, was allotted for duty in that area—on the day on which the member left the last port of call in Australia for that service; or(b) if the member was outside Australia on the relevant day—on that day;
and ending at the end of:
(c) if the member, or the unit of the member, ceased to be allotted for duty—the day from which the member, or the unit, ceased to be allotted for duty; or
(d) if the member, or the unit of the member, was assigned for duty from the operational area to another area outside Australia (not being an operational area)—the day from which the member, or the unit, was assigned to that other area, or the day on which the member, or the unit, arrived at that other area, whichever is the later; or
(e) in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service.
(4) If, while rendering continuous full‑time service in an operational area, a member of the Defence Force has:
(a) returned to Australia in accordance with the Rest and Recuperation arrangements of the naval, military or air forces; or
(b) returned to Australia on emergency or other leave granted on compassionate grounds; or
(c) returned to Australia on duty; or
(d) returned to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Defence Force;
only so much of the period of service of the member within Australia after his or her return and while the member:
(e) continued to be allotted for duty in an operational area; or
(f) continued to be a member of a unit of the Defence Force allotted for duty in an operational area;
as does not exceed 14 days is taken, for the purposes of subsection (1), to be a period when the member was rendering continuous full‑time service in the operational area.
6D
Operational service—other post World War 2 service (1) This section applies to a member of the Defence Force who, or a member of a unit of the Defence Force that:
(a) was assigned for service:
(i) in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957; or
(ii) in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; or
(iii) in North East Thailand (including Ubon) at any time during the period from and including 31 May 1962 to and including 31 August 1968; or
(b) was attached to the Far East Strategic Reserve at any time during the period from and including 2 July 1955 to and including 27 May 1963;
but so applies only if the member, or the unit of the member, is included in a written instrument issued by the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act.
(2) A person to whom this section applies is taken to have been rendering operational service during any period during which he or she was rendering continuous full‑time service as:
(a) a member of the Defence force; or
(b) a member of a unit of the Defence Force;
while the person was in the area described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be).
(3) For the purposes of subsection (2), the operational service of a person to whom this section applies:
(a) is taken to have started:
(i) if the person was in Australia on the day (
relevant day ) from which his or her unit was assigned for service as described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be)—on the day on which the member left the last port of call in Australia for that service; or(ii) if the person was outside Australia on the relevant day—on that day; and
(b) is taken to have ended:
(i) if the member was assigned for service in another country or area outside Australia (not being an operational area)—the day from which the member was assigned to that other country or area, or the day on which the member arrived at that other area, whichever is the later; or
(ii) in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service.
6E
Operational service—Korean demilitarised zone and Vietnam A member of the Defence Force who was assigned for service:
(a) in the demilitarised zone between North Korea and South Korea after 18 April 1956; or
(b) on HMA Ship Vampire or Quickmatch in Vietnam during the period from and including 25 January 1962 to and including 29 January 1962;
is taken to have been rendering operational service while he or she was so rendering continuous full‑time service in that zone or in Vietnam (as the case may be) during the period in which he or she was so assigned for service.
6F
Operational service—warlike and non‑warlike service A member of the Defence Force is taken to have been rendering operational service during any period of warlike service or non‑warlike service of the member.
Omit “section 6”, substitute “sections 6 to 6F”.
After “1992”, insert “to and including 24 January 1997”.
Omit “IIID”, substitute “IVA”.
Omit “subsections (3) and (4)”, substitute “subsection (3)”.
Repeal the subsection.
Omit “Part IIID”, substitute “Part IVA”.
Omit “Part IIID”, substitute “Part IVA”.
Omit “Part IIID”, substitute “Part IVA”.
Omit “or”.
Repeal the paragraph.
Repeal the Part.
Insert:
Part IVA—Advance payments of pension and income support supplement
In this Part:
pension means a pension payable under Part II, III or IV or an income support supplement.
(1) Subject to subsection (2), a person is eligible for an advance payment of an amount of pension only if:
(a) the pension is payable to the person; and
(b) throughout the 3 months immediately before the person’s application for the advance payment, the person was receiving a pension, a social security pension or a social security benefit; and
(c) the Commission is satisfied that the person will not suffer financial hardship from the reductions to be made in future instalments of the pension to recover the advance payment.
(2) A person is not eligible for an advance payment if:
(a) the person has received an advance payment of a pension and has not fully repaid the advance payment; or
(b) an advance payment of:
(i) an amount of pension; or
(ii) a social security entitlement under Part 2.22 of the
Social Security Act 1991 ;was paid to the person within the period of 12 months immediately before the person’s application for the advance payment; or
(c) the person owes a debt to the Commonwealth under section 205 or 205A.
A person who wants an advance payment of an amount of pension must make a proper application for the advance payment.
(1) Subject to subsection (2), the application must be made by:
(a) the person who wants to receive the advance payment; or
(b) with the approval of that person—another person on the person’s behalf.
(2) If a person is unable, because of physical or mental incapacity, to approve another person to make the application on his or her behalf, the Commission may approve another person to make the application.
To be a proper application, the application must:
(a) be made in writing; and
(b) be in accordance with a form approved by the Commission.
(1) To be a proper application, the application must be lodged:
(a) at an office of the Department in Australia; or
(b) at a place approved for this purpose by the Commission; or
(c) with a person approved for this purpose by the Commission.
(2) An application is taken to have been lodged on the day on which it is received:
(a) at an office of the Department in Australia; or
(b) at a place approved under subsection (1); or
(c) by a person approved under subsection (1);
as the case may be.
79G
Applicant must be Australian resident and in Australia An application is not a proper application unless the person who wants to receive the advance payment is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the application is lodged.
Note: For
Australian resident see section 5G.
(1) An applicant, or a person approved by the applicant, may withdraw an application that has not been determined.
(2) An application that is withdrawn is taken to have not been made.
(3) A withdrawal may be made orally or in writing.
Division 4—Determination of application and payment of advance payment
If an application for an advance payment of an amount of pension is made, the Commission must grant the application if it is satisfied that the person is eligible for the advance payment.
(1) Subject to subsection (3), if the application is granted, the advance payment of the pension is to be paid on the next day on which:
(a) the person is paid an instalment of the pension; and
(b) it is practicable to pay the advance payment.
(2) The advance payment is to be paid as a lump sum.
(3) The Commission may determine that an advance payment is to be paid on a day stated in the determination.
(4) An advance payment of a pension is not payable if the pension is cancelled or reduced to nil before the day on which the advance payment would be paid apart from this subsection.
(1) The maximum amount of an advance payment is the smaller of:
(a) the amount worked out under subsection (2) or (3) (whichever is applicable); and
(b) $500.
(2) If the advance payment is in respect of a pension payable to a person under Part II or IV, the amount for the purposes of paragraph (1)(a) is the amount worked out by using the following formula:
where:
fortnightly rate of pension is the rate last determined by the Commission to be the fortnightly rate of pension payable to the person before the application for the advance payment was determined.
(3) If the advance payment is in respect of a pension payable to a person under Part III or an income support supplement, the amount for the purposes of paragraph (1)(a) is the amount worked out by using the following formula:
where:
annual payment rate is the rate last determined by the Commission to be the rate of pension or income support supplement payable to the person before the application for the advance payment was determined, excluding any amount payable by way of remote area allowance.
(4) If the amount worked out under subsection (2) or (3) is not a multiple of 10 cents, the amount is, subject to subsection (5), to be increased or decreased to the nearest multiple of 10 cents.
(5) If the amount worked out under subsection (2) or (3) is a multiple of 5 cents, but is not a multiple of 10 cents, the amount is to be increased by 5 cents.
(1) Subject to subsection (2) and section 79O, an advance payment deduction is to be made from the rate of a pension that is payable to a person if:
(a) the person has received an advance payment of that pension or of another pension that was previously payable to the person; and
(b) the person has not yet fully repaid the advance payment; and
(c) the amount of the advance payment that has not been repaid is not a debt under subsection 205(1AB).
(2) An advance payment deduction is not to be made from a person’s rate of pension on the payday on which the advance payment is paid.
79M
Amount of advance payment deduction—basic calculation Subject to sections 79N, 79O, 79P and 79Q, the advance payment deduction for an advance payment of a pension is the amount of the advance payment divided by 13.
79N
Person may request larger advance payment deduction (1) Subject to subsection (2) and sections 79O, 79P and 79Q, a person’s advance payment deduction may be increased to a larger amount if the person asks the Commission in writing for the advance payment deduction to be the larger amount.
(2) Subsection (1) does not apply if the Commission is satisfied that the person would suffer severe financial hardship if the advance payment deduction were the larger amount.
79O
Reduction of advance payment deduction in cases of severe financial hardship (1) Subject to subsection (2) and sections 79P and 79Q, if:
(a) a person applies in writing to the Commission for an advance payment deduction to be decreased, or to be stopped, because of severe financial hardship; and
(b) the Commission is satisfied that:
(i) the person’s circumstances are exceptional and could not reasonably have been foreseen at the time of the person’s application for the advance payment; and
(ii) the person would suffer severe financial hardship if the advance payment deduction that would otherwise apply were to continue;
the Commission may determine in writing that, for the period stated in the determination, the advance payment deduction is to be the lesser amount (which may be a nil amount) stated in the determination.
(2) At any time while the determination is in force, the Commission may:
(a) vary the determination so as to require to be deducted from the person’s rate of pension an advance payment deduction larger than the deduction (if any) previously applying under the determination, but smaller than the deduction applying immediately before the determination; or
(b) revoke the determination;
but only if the Commission is satisfied that the person would not suffer severe financial hardship because of the variation or revocation.
(3) A variation or revocation of a determination must be in writing.
If an advance payment deduction that would otherwise be deducted from a person’s rate of pension exceeds the part of the advance payment that the person has not yet repaid (by previous deductions under this Division or otherwise), the amount of that advance payment deduction equals the part that the person has not yet repaid.
Example:
Facts: Anne has been paid an advance of $450. Anne’s payment deduction is worked out under section 79M as follows:
This amount is rounded under section 79R to $34.60.
Anne has requested that the advance payment deduction be the larger amount of $55 (see section 79N), so that the advance will be repaid sooner.
Result: If $55 is deducted from Anne’s fortnightly rate of pension, $440 will have been repaid after 8 successive fortnights, leaving $10 unpaid. Under this section, the final advance payment deduction will be $10.
79Q
Payment rate insufficient to cover advance payment deduction If the rate of pension (excluding remote area allowance in the case of a pension payable under Part III or income support supplement) is less than the amount that would be the advance payment deduction apart from this section, the advance payment deduction is taken to be equal to that rate of pension.
(1) If an amount worked out under this Division is not a multiple of 10 cents, the amount is, subject to subsection (2), to be increased or decreased to the nearest multiple of 10 cents.
(2) If the amount worked out under this Division is a multiple of 5 cents, but is not a multiple of 10 cents, the amount is to be increased by 5 cents.
79S
Unrepaid advance payments to deceased partner to be disregarded (1) In calculating, for the purposes of this Act, an amount of pension that would have been paid to a deceased person if the person had not died, any advance payment of pension that has been made to the person and has not been repaid is to be disregarded.
(2) Subsection (1) does not affect the liability of the estate of the deceased person to repay to the Commonwealth so much of the advance payment as has not been repaid.
(1) A pensioner who is dissatisfied with a decision of the Commission in relation to an advance payment of an amount of pension may request the Commission to review the decision.
(2) The request must:
(a) be made within 3 months after the person seeking the review was notified of the decision; and
(b) be in writing; and
(c) set out the grounds on which the request is made.
(3) If a request for review is made in accordance with subsection (2), the Commission must review the decision.
(4) If the Commission has delegated its power under this section to the person who made the decision under review, that person must not review the decision.
If the Commission reviews a decision under this Division, the Commission must:
(a) affirm the decision; or
(b) set it aside and substitute a new decision for it.
Note: For the Commission’s evidence-gathering powers see section 79X.
79V
Commission must make written record of review decision and reasons (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.
(2) The written record must include a statement that:
(a) sets out the Commission’s findings on material questions of fact; and
(b) refers to the evidence or other material on which those findings are based; and
(c) provides reasons for the Commission’s decision.
79W
Person who requested review to be notified of decision (1) When the Commission affirms or sets aside a decision under this Division, it must give to the person who requested the review of the decision:
(a) a copy of the Commission’s decision; and
(b) subject to subsection (2), a copy of the statement referred to in subsection 79V(2) relating to the decision; and
(c) a statement giving particulars of the person’s right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision.
(2) If the statement referred to in paragraph (1)(b) contains any matter that, in the opinion of the Commission:
(a) is of a confidential nature; or
(b) may, if communicated to the person who requested review, be prejudicial to his or her physical or mental health or well‑being;
the copy given to the person is not to contain that matter.
(1) For the purposes of a review, the Commission may:
(a) summon a person to appear at a hearing of the review to give evidence and to produce such documents (if any) as are referred to in the summons; and
(b) require a person appearing at a hearing of the review for the purpose of giving evidence either to take an oath or to make an affirmation; and
(c) administer an oath or affirmation to a person so appearing; and
(d) adjourn a hearing of the review from time to time.
(2) The person who applied for the review under this Division is a competent and compellable witness upon the hearing of the review.
(3) The Commission’s power under subsection (1) to take evidence on oath or affirmation:
(a) may be exercised on behalf of the Commission by:
(i) the presiding member; or
(ii) by another person (whether a member or not) authorised by the presiding member; and
(b) may be exercised within or outside Australia; and
(c) must be exercised subject to any limitations specified by the Commission.
(4) If a person is authorised under subparagraph (3)(a)(ii) to take evidence for the purposes of a review, the person has all the powers of the Commission under subsection (1) for the purposes of taking that evidence.
(1) A person who requests a review under section 79T may withdraw the request at any time before it is determined by the Commission.
(2) To withdraw the request, the person must give written notice of withdrawal to the Secretary and the notice must be lodged at an office of the Department in Australia.
(3) Subject to subsection 79T(2), a person who withdraws a request for review may subsequently make another request for review of the same decision.
Note: Subsection 79T(2) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.
Insert:
(da) a review, under Division 7 of Part IVA, of a decision of the Commission with respect to an advance payment of an amount of pension;
Insert:
(2AAA) If the Commission under section 79U:
(a) affirms a decision of the Commission referred to in subsection 79T(1); or
(b) sets it aside and substitutes another decision for it;
a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.
After “(2)”, insert “, (2AAA)”.
Omit “service pension”, substitute “pension under Part II, III or IV”.
Omit “service pension”, substitute “pension under Part II, III or IV”.
Omit “service”.
Omit “Part IIID” (wherever occurring), substitute “Part IVA”.
The amendments of the
Veterans’ Entitlements Act 1986 made by this Part apply only to persons who make an application, or on whose behalf an application is made, for an advance payment of an amount of pension or income support supplement on or after 1 January 1998.
Part 3—War-caused and defence-caused injuries, diseases and deaths: use of tobacco products after 31 December 1997
Insert the following entries in their appropriate alphabetical positions (determined on a letter‑by‑letter basis):
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Insert:
tobacco product means:
(a) tobacco (in any form); or
(b) any product that:
(i) contains tobacco as its main or a substantial ingredient; and
(ii) is not included in the Australian Register of Therapeutic Goods kept under the
Therapeutic Goods Act 1989 .
Insert:
use , in relation to a tobacco product, includes smoke, chew or inhale.
Add:
(6) Despite subsection (1), the death of a veteran is taken not to have been war‑caused if the veteran’s death is related to the veteran’s eligible war service only because:
(a) in the case of a veteran who had not used tobacco products before 1 January 1998—the veteran used tobacco products after 31 December 1997; or
(b) in the case of a veteran who had used tobacco products before 1 January 1998—the veteran increased his or her use of tobacco products after 31 December 1997.
Add:
(7) Despite subsection (1), the injury or disease of a veteran is taken not to have been war‑caused if that injury or disease is related to the veteran’s eligible war service only because:
(a) in the case of a veteran who had not used tobacco products before 1 January 1998—the veteran used tobacco products after 31 December 1997; or
(b) in the case of a veteran who had used tobacco products before 1 January 1998—the veteran increased his or her use of tobacco products after 31 December 1997.
Insert:
(9A) The Commonwealth is not liable under this section in respect of:
(a) the death; or
(b) the incapacity from injury or disease;
of a member of the Forces, or a member of a Peacekeeping Force, if the death, injury or disease is related to the relevant service of the member only because:
(a) in the case of a member who had not used tobacco products before 1 January 1998—the member used tobacco products after 31 December 1997; or
(b) in the case of a member who had used tobacco products before 1 January 1998—the member increased his or her use of tobacco products after 31 December 1997.
Part 4—Eligibility of certain veterans to receive medical and other treatment
Repeal the section, substitute:
(1) This section applies to a veteran if:
(a) the veteran is permanently blind; or
(b) the veteran’s rate of service pension is neither income reduced nor assets reduced; or
(c) the veteran’s rate of service pension is either income reduced or assets reduced, but the reduction does not exceed the income/assets reduction limit applicable to the veteran.
Note: For
income/assets reduction limit see subsection (2).(2) The
income/assets reduction limit applicable to a veteran is worked out by using Table 53E. Work out which item in the table applies to the veteran by identifying his or her family situation. The applicable income/assets reduction limit is the amount in column 3 of that item plus (if the veteran has a dependent child or dependent children) the amount in column 5 of that item for each dependent child.
1 | Not a member of a couple | $1,924 | $74 | $364 | $14 |
2 | Partnered | $1,664 | $64 | $182 | $7 |
Note 1: For
member of a couple andpartnered see section 5E.Note 2: For
dependent child see section 5F.Note 3: Members of illness separated and respite care couples are covered by item 2 of the table.
Note 4: The basic reduction and additional reduction are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).
(3) If, on a particular day:
(a) the annual rate of a veteran’s ordinary income increases; and
(b) as a result of the increase, the veteran’s rate of service pension is income reduced by an amount that is not more than 150% of the income/assets reduction limit applicable to the veteran;
this section continues to apply to the veteran until:
(c) the end of the period of 13 weeks starting on the first pension payday after that day; or
(d) the reduction exceeds 150% of the income/assets reduction limit applicable to the veteran;
whichever happens first.
Repeal the sections.
Repeal the item.
Repeal the items, substitute:
14 | Income/assets reduction limit applicable when determining the eligibility for treatment benefits for a veteran—basic reduction | IARL basic reduction | section 53E—Table 53E—column 3 |
15 | Income/assets reduction limit applicable when determining the eligibility for treatment benefits for a veteran—add-on for dependent child | IARL dependent child add-on | section 53E—Table 53E—column 5 |
Repeal the item.
Repeal the items, substitute:
9 | IARL basic reduction | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 1979) | $2.60 | |
10 | IARL dependent child add‑on | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 1979) | $2.60 | |
39 Subsection 59C(2) (step 4 of the method statement) Omit “
indexed amount ” (last occurring), substitute “rounded-off amount ”.40 Subsection 59C(2) (at the end of the method statement) Add:
Step 5. Theindexed amount is:(a) if paragraph (b) does not apply—the rounded-off amount; or
(b) if the amount to be indexed is the amount under item 10 of the CPI Indexation Table in subsection 59B(1)—the rounded-off amount multiplied by 13/7.
Repeal the section.
Repeal the note.
Part 5—Amendments relating to the transfer of carer service pension recipients and carer income support supplement recipients
Omit:
care receiver 5Q(1)
44 Subsection 5NB(1) (paragraph (c) of the definition of compensation affected pension) Repeal the paragraph.
Repeal the definition.
46
Subsection 5Q(1) (paragraph (c) of the definition of service pension) Omit “; or”, substitute “.”.
47
Subsection 5Q(1) (paragraph (d) of the definition of service pension) Repeal the paragraph.
Repeal the paragraph, substitute:
(b) Divisions 3, 4 and 5 deal with the 3 kinds of service pension (age, invalidity and partner service pension respectively); and
Omit “Divisions 3, 4, 5 and 6”, substitute “Divisions 3, 4 and 5”.
Repeal the Division.
Omit “and”.
Repeal the paragraph.
Note: The heading to section 41 is replaced by the heading “
Rate of age, invalidity and partner service pension (no dependent children) ”.
Omit “invalidity, partner or carer”, substitute “invalidity or partner”.
Omit “age, invalidity or carer”, substitute “age or invalidity”.
Omit “and”.
Repeal the paragraph.
Note: The heading to section 42 is replaced by the heading “
Rate of age, invalidity and partner service pension (dependent child or children) ”.
Omit “age, invalidity or carer”, substitute “age or invalidity”.
Repeal the column.
Repeal the item.
Omit “Service carer = carer service pension”.
Repeal the column.
Repeal the item.
Omit “Service carer = carer service pension”.
Omit “or”.
Repeal the subparagraph.
Note: The heading to section 45 is replaced by the heading “
Rate of age and invalidity service pension (war widow or war widower) ”.
Omit “or”.
Repeal the subparagraph.
Repeal the section.
Repeal the paragraph.
Repeal the column.
Repeal the item.
Omit “Service care = carer service pension”.
Repeal the paragraph, substitute:
(c) an instalment of partner service pension in respect of the person is payable to the person’s partner during a pension period;
Omit “or”.
Repeal the subparagraph.
Omit “52ZA, 52ZCA, 53AJ and 53AL”, substitute “52ZA and 52ZCA”.
Omit “52G, 52H, 53AJ and 53AL”, substitute “52G and 52H”.
Repeal the section.
Omit “sections 52G and 53AJ”, substitute “section 52G”.
Omit “sections 52H and 53AL”, substitute “section 52H”.
Omit “sections 52H and 53AL”, substitute “section 52H”.
Omit “sections 52H and 53AL”, substitute “section 52H”.
Omit “sections 52H and 53AL”, substitute “section 52H”.
Omit “52G, 52H and 53AL”, substitute “52G and 52H”.
Repeal the section.
Repeal the section.
Repeal the Division.
Repeal the Subdivision.
Repeal the Division.
Repeal the Division.
Repeal the sections.
Repeal the section.
Omit “subsections (4), (5), (6), (7), (8), (9), (10) and (11)”, substitute “subsections (4), (5), (6), (7) and (8)”.
Repeal the subsections.
Repeal the section.
Omit “, carer service pension”.
Omit “similarly, if a person has been receiving carer service pension because of caring for the veteran, that carer service pension will also be terminated”.
Omit “, carer service pension”.
Omit “Similarly, if a person has been receiving carer service pension because of caring for the veteran, that carer service pension will also be cancelled or suspended.”.
Repeal the section.
Repeal the subsection.
Omit “or (1A)”.
Repeal the section.
104
Subsection 58K(1) (paragraph (ab) of the note) Omit “(4);”, substitute “(4).”.
Repeal the paragraph.
Repeal the section.
Repeal the sections.
Repeal the paragraph.
Repeal the subsection.
Omit “carer” (wherever occurring), substitute “partner”.
Omit “(other than a carer service pension)”.
Repeal the subsection.
Repeal the subparagraph.
Omit “Subject to subsection (1AA), this”, substitute “This”.
Repeal the subsection.
Division 2—Related transitional and saving provisions
Add:
8
Transitional and saving provisions: amendments relating to the transfer of carers (1) If:
(a) a person was receiving a carer service pension immediately before the transfer day; and
(b) neither subclause (2) nor (4) applies to the person;
an instalment of carer service pension is payable to the person on the transfer day at the rate worked out using the following formula:
where:
reduced annual rate means the rate payable in accordance with this Act on the last pension payday before the transfer day, excluding any pharmaceutical allowance payable to a person under this Act.
pharmaceutical allowance means the amount of pharmaceutical allowance that would have been included in the person’s carer service pension if the payment was an instalment under section 58A.
(2) Subject to subclause (5), if:
(a) a person (the
carer ) was receiving a carer service pension immediately before the transfer day; and(b) the veteran partner who is being cared for by the carer is receiving an age service pension or an invalidity service pension; and
(c) the carer would, apart from subsection 38(1B), be eligible for a partner service pension;
this Act continues to apply to the person in relation to carer service pension as if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
(3) Subject to subclause (5), if:
(a) a person was receiving income support supplement immediately before the transfer day; and
(b) subsection 45AB(1) applied to the person; and
(c) the person would, apart from paragraph 45A(1)(b) and section 45AB, be eligible for income support supplement;
this Act continues to apply to the person in relation to income support supplement as if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
(4) Subject to subclause (5), if:
(a) a person (the
carer ) is receiving a carer service pension immediately before the transfer day; and(b) the veteran who is being cared for by the carer is not receiving an age service pension or an invalidity service pension but passes the income test under section 53AA and either passes the assets test under section 53AD or is the subject of a decision in force under section 53AN that the assets test does not apply to the veteran;
this Act continues to apply to the person in relation to carer service pension as if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
(5) If carer service pension or income support supplement ceases to be payable to the person after the transfer day, then subclause (2), (3) or (4), as the case requires, ceases to apply to the person.
(6) References in this clause to other provisions of this Act are references to those provisions as they would be if the amendments made by Division 1 of Part 5 of Schedule 1 to the amending Act had not been made.
(7) In this clause:
amending Act means theVeterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 .
transfer day means the day on which Part 5 of Schedule 1 to the amending Act commences.
Repeal the paragraph, substitute:
and (b) medical and other treatment services provided under Part V; and
Add:
; (zn) an amount worked out under section 115G.
Omit “The”, substitute “Subject to subsection (5), the”.
Add:
(5) If section 115D applies to a veteran, the rate at which pension is payable to the veteran is the amount specified in subsection (4) less the pension reduction amount worked out under that section.
Omit “The”, substitute “Subject to subsection (5), the”.
Add:
(5) If section 115D applies to a veteran, the rate at which pension is payable to the veteran is the amount specified in subsection (4) less the pension reduction amount worked out under that section.
Omit “Where”, substitute “Subject to subsection (2), if”.
Add:
(2) Paragraphs (1)(b) and (c) do not apply to a veteran if the veteran is undertaking a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme or section 115D applies to the veteran.
Omit “specified in subsection 24(4)”, substitute “applicable under subsections 24(4) and (5)”.
Insert:
(2A) Paragraph (2)(a) does not apply to a person who is a veteran if the veteran is undertaking a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme or section 115G applies to the veteran.
Insert:
In this Part, unless the contrary intention appears:
CPI payday means the first pension payday that occurs on or after the beginning of each relevant period within the meaning of that term in section 198.
member of a Peacekeeping Force has the same meaning as in subsection 68(1).
member of the Forces has the same meaning as in subsection 68(1).
unaffected pension rate means the rate of pension that a veteran would have received if the veteran had not undertaken a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.
unemployment includes:
(a) retirement from remunerative work; and
(b) undertaking less than 16 hours of remunerative work in a pension period;
but does not include any period of paid leave.
veteran means:
(a) a person:
(i) who is, because of section 7, taken to have rendered eligible war service; or
(ii) in respect of whom a pension is payable under subsection 13(6); or
(iii) who satisfies subsection 37(3); or
(b) a member of the Forces; or
(c) a member of a Peacekeeping Force.
Veterans’ Vocational Rehabilitation Scheme means a scheme made under subsection 115B(1).
work and pension income rate means the rate equal to the sum of:
(a) the veteran’s salary, wages or earnings per fortnight from remunerative work; and
(b) the fortnightly rate of pension paid to the veteran under Part II or IV.
(1) The Commission may, from time to time, by instrument in writing, make a scheme, to be called the Veterans’ Vocational Rehabilitation Scheme, to assist specified classes of veterans to find employment and to continue in employment.
(2) The Commission may, from time to time, by instrument in writing, vary or revoke the scheme.
(3) A scheme made by the Commission under subsection (1), and an instrument varying or revoking such a scheme, have no force or effect unless approved by the Minister.
(4) If a scheme has been made by the Commission under subsection (1), or an instrument under subsection (2), the scheme or the instrument is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .(5) Without limiting the powers of the Commission under subsection (1), the Scheme may make provision for and in relation to:
(a) the provision of rehabilitation programs, under the Scheme, to specified veterans; and
(b) the provision of vocational guidance and assistance, under the Scheme, to specified veterans; and
(c) the payment of financial assistance, under the Scheme, to specified veterans in respect of education or training that is being undertaken under the Scheme by the veterans; and
(d) the provision of services in relation to the assessment of veterans for participation in rehabilitation programs; and
(e) the payment of financial assistance, under the Scheme, to specified veterans in respect of transport costs arising from the veterans’ participation in the Scheme; and
(f) the payment of financial assistance, under the Scheme, to specified veterans in respect of aids that enable the veterans to participate in, or assist veterans to participate in, the Scheme; and
(g) the provision for review of determinations under section 115F.
(6) Before making a scheme, or varying or revoking the scheme, the Commission must consult such organisations and associations, representing the interests of the veteran community, as the Commission thinks appropriate.
Division 2—Provisions relating to the income of veterans who participate in vocational rehabilitation programs
(1) Subject to sections 115D and 115G, this section applies while a veteran is undertaking a vocational rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.
(2) If this section applies to a veteran on a pension payday, the rate of pension payable to the veteran is equal to the amount the veteran would receive if the veteran were not undertaking the program.
115D
Pension reduction amount—pensions under Parts II and IV (1) Subject to subsections (4) and (5) and section 115F, the pension reduction amount in respect of a veteran for a pension payday that occurs within the period (the
initial period ) that begins on the day after the veteran first commenced remunerative work as a result of undertaking the vocational rehabilitation program (thecommencement day ) and ends immediately before the first CPI payday that occurs more than 2 years after the beginning of that period is to be worked out using the following formula:(2) Subject to subsections (4) and (5) and section 115F, the pension reduction amount in respect of a veteran for a pension payday that occurs within the period (the
second period ) that begins immediately after the initial period and ends 5 years after the commencement day is to be worked out using the following formula:(3) Subject to subsections (4) and (5) and section 115F, the pension reduction amount in respect of a veteran for a pension payday that occurs more than 5 years after the end of the initial period is to be worked out using the following formula:
(4) If a veteran is unemployed for a continuous period of at least 2 weeks, the pension reduction amount for each pension payday within that period is nil.
(5) If a veteran is in receipt of pension at the special rate because of subsection 24(3), the pension reduction amount for each pension payday is nil.
(6) In this section:
general rate means the general rate of pension.
no. of paydays means the number of CPI paydays that have occurred in the period.
pension rate on commencement means the rate of pension under this Act that was payable to the veteran on the day on which the veteran commenced his or her vocational rehabilitation program.
115E
Application for reduction of the pension reduction amount (1) This section applies if, because of the application of the pension reduction amount to the rate of pension payable to a veteran, the work and pension income rate of the veteran in relation to a pension period is or would be less than the unaffected pension rate for the veteran in relation to that period.
(2) A veteran to whom this section applies may apply to the Commission to have the pension reduction amount reduced.
(3) An application must be:
(a) in writing; and
(b) in accordance with a form approved by the Commission; and
(c) accompanied by any relevant documentary evidence in relation to salary, wages and other earnings from remunerative work for the period to which the application relates; and
(d) lodged at an office of the Department in Australia.
(1) This section applies if, after considering an application under section 115E, the Commission is satisfied that the rate at which a pension has been, is being or is to be paid, to a veteran resulted, or would result, in a work and pension income rate for the applicant in relation to a pension period that is less or would be less than the unaffected pension rate in relation to that period.
(2) If this section applies, the Commission may determine in writing that the pension reduction amount in relation to the veteran for a past, present or future pension payday is to be reduced by such amount as the Commission is satisfied would result in the work and pension income rate being equal to the unaffected pension rate.
(3) A determination takes effect on the day on which the determination is made.
115G
Excluded income amount—invalidity service pensions (1) The excluded income amount in respect of a veteran for a pension payday that occurs within the period (the
initial period ) that begins on the day after the veteran first commenced remunerative work as a result of undertaking the vocational rehabilitation program and ends immediately before the first CPI payday that is more than 2 years after the beginning of the initial period is half of the earnings of the veteran in the pension period that relates to the pension payday.(2) The excluded income reduction amount in respect of a veteran for a pension payday that occurs within each consecutive 6 month period during the 5 years that begins immediately after the initial period is worked out using the following formula:
where:
no. of 6 month periods means the number of consecutive 6 month periods that have begun in the 5 year period.
earnings means salary, wages or earnings from remunerative work in the pension period that relates to the pension payday.
(1) In this section,
compensation , in relation to a person who is undertaking, or has undertaken, a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme, means an amount that is by way of compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken.(2) This section applies if a veteran who is undertaking, or has undertaken, a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme:
(a) has made a claim against another person for compensation, or may be, or may become, entitled to be paid compensation by another person, in relation to the disease, disability or condition because of which the rehabilitation program is being, or has been, undertaken; or
(b) is entitled, whether because of an order of a court, a settlement of a claim for compensation or otherwise, to be paid compensation by another person; or
(c) has been paid compensation by another person, whether because of an order of a court, a settlement of a claim for compensation or otherwise.
(3) A reference in subsection (2) to another person includes a reference to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory.
(4) If this section applies, the Commission may give to the veteran a written notice requiring the veteran to pay for:
(a) a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans’ Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and
(b) a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran;
in relation to the disease, disability or condition.
(5) On being given the notice, the veteran becomes, by force of this section, liable to pay to the Commonwealth an amount equal to the cost, or amounts equal to the sum of the costs, as determined by the Commission, of and incidental to:
(a) a rehabilitation program or any part of such a program that has been undertaken by the veteran under the Veterans’ Vocational Rehabilitation Scheme before the day on which the notice was given to the veteran; and
(b) a rehabilitation program or any part of such a program undertaken at any time on or after the day on which the notice was given to the veteran.
(6) If the veteran is, under subsection (5), liable to make payment to the Commonwealth for a rehabilitation program provided by the Commission, the Commission may, by written notice given to a person who:
(a) may be, or may become, liable; or
(b) is liable;
to pay compensation to, or for the benefit of, the veteran in respect of the disease, disability or condition, inform the person that the veteran is liable to make payment to the Commonwealth for a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme, whether undertaken before or after the giving of the notice.
(7) A reference in subsection (6) to a person includes a reference to an insurer who, under a contract of insurance, is liable to indemnify the person or is liable to pay compensation to, or for the benefit of, the veteran against that liability.
115J
Where a person receives a notice under subsection 115H(6) (1) This section applies to a person if the person has been given a notice under subsection 115H(6).
(2) If the person:
(a) is, on being given the notice, liable to pay compensation to, or for the benefit of, the veteran to whom the notice relates in respect of the disease, disability or condition to which the notice relates; or
(b) becomes, after receiving the notice, so liable to pay compensation; or
the person becomes liable, because of this subsection, to pay to the Commonwealth:
(c) an amount equal to the cost of the rehabilitation program that the veteran is liable, or may become liable, under subsection 115H(5), to pay; or
(d) an amount equal to the amount of compensation that the person is liable, or becomes liable, so to pay;
whichever is the less.
(3) If, before the notice was given to the person, the person paid to, or for the benefit of, the veteran the whole of the compensation that the person was liable to pay in respect of the disease, disability or condition to which the notice relates, the notice has no effect.
(4) If a person is liable, or becomes liable, to pay an amount to the Commonwealth under subsection (2), the person must not, without the permission of the Commission, pay the compensation, or any part of the compensation, to, or for the benefit of, the veteran.
(5) Payment to the Commonwealth of an amount under subsection (2) operates, to the extent of the payment:
(a) as a discharge to the person of his or her liability to pay compensation to the veteran entitled to receive the compensation; and
(b) as a discharge of the veteran’s liability under subsection 115H(5).
The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection 115H(5) or 115J(2).
115L
Determination of amount of costs of rehabilitation programs (1) This section applies if the Commission determines, in writing, the amount of the cost of, or incidental to, a rehabilitation program under a Veterans’ Vocational Rehabilitation Scheme for a veteran during a specified period in respect of a disease, disability or condition in relation to which a notice has been given under subsection 115H(4).
(2) The Commission may give a notice to the veteran containing a copy of that determination, or notices to the veteran and the person referred to in subsection 115H(6) containing copies of that determination.
(3) If the Commission gives a copy of a determination to a veteran or a person under subsection (2), the copy is, for all purposes, prima facie evidence:
(a) that the copy of the determination set out in the notice is a true copy of the determination of which it purports to be a copy; and
(b) that the determination was duly made by the Commission; and
(c) that the amount specified in the determination is the amount which the veteran is liable, by force of subsection 115H(5), to pay to the Commonwealth as the cost of and incidental to the rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme during the period so specified for and in relation to that disease, disability or condition.
(4) The giving of a notice, or notices, under subsection (2) does not prevent the making of a further determination or determinations, and the giving by the Commission of a further notice or further notices under that subsection.
Insert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):
|
|
Insert:
Defence Force has the same meaning as in theDefence Act 1903 .
Add at the end:
(iv) rendered warlike service; or
131
Subsection 68(1) (definition of Peacekeeping Force) Repeal the definition, substitute:
Peacekeeping Force means a Peacekeeping Force described in an item of Schedule 3.
Repeal the subsection, substitute:
(3) The Peacekeeping Force described in an item of Schedule 3 is taken to have become a Peacekeeping Force for the purposes of this Part on the day specified in column 3 of that item.
Omit “
Commonwealth Employees’ ”, substitute “Safety, ”.
Omit “
Commonwealth Employees’ ”, substitute “Safety, ”.
Repeal the Schedule, substitute:
Note: See subsections 68(1) and (3).
1 | Security Council Commission of Investigation on the Balkans | 29 January 1947 |
2 | Committee of Good Offices | 25 August 1947 |
3 | United Nations Special Commission on the Balkans | 26 November 1947 |
4 | United Nations Commission on Korea | 1 January 1949 |
5 | United Nations Military Observer Group in India and Pakistan | 1 January 1949 |
6 | United Nations Commission for Indonesia | 28 January 1949 |
7 | United Nations Truce Supervision Organisation | 1 June 1956 |
8 | United Nations Operations in the Congo | 1 August 1960 |
9 | United Nations Yemen Observation Mission | 1 January 1963 |
10 | United Nations Force in Cyprus | 14 May 1964 |
11 | United Nations India‑Pakistan Observation Mission | 20 September 1965 |
12 | United Nations Disengagement Observer Force | 1 January 1974 |
13 | United Nations Emergency Force Two | 1 July 1976 |
14 | United Nations Interim Force in Lebanon | 23 March 1978 |
15 | Commonwealth Monitoring Force in Zimbabwe | 24 December 1979 |
16 | Sinai Multinational Force and Observers established by the Protocol between the Arab Republic of Egypt and the State of Israel dated 3 August 1981 | 18 February 1982 |
17 | United Nations Iran/Iraq Military Observer Group | 11 August 1988 |
18 | United Nations Border Relief Operation in Cambodia | 1 February 1989 |
19 | United Nations Transition Assistance Group Namibia | 18 February 1989 |
20 | United Nations Mission for the Referendum in Western Sahara (Mission des Nations Unies pour un Referendum au Sahara Occidental) | 27 June 1991 |
21 | The Australian Police Contingent of the United Nations Transitional Authority in Cambodia | 18 May 1992 |
22 | The Australian Police Contingent of the United Nations Operation in Mozambique | 27 March 1994 |
23 | Australian Defence Support to a Pacific Peacekeeping Force for a Bougainville Peace Conference | 21 September 1994 |
24 | The Australian Police Contingent of the Multi‑National Force in Haiti | 10 October 1994 |
1 Subsection 4(1) (paragraph (f) of the definition of Australian soldier) Omit “lst July, 1947”, substitute “1 July 1951”.
2 Subsection 4(1) (after paragraph (gb) of the definition of Australian soldier) Insert:
(gc) a member of the Defence Force who is taken, because of section 6D of the
Veterans’ Entitlements Act 1986 , to have rendered operational service (within the meaning of that Act);(gd) a member of the Defence Force:
(i) whose first service in the Defence Force began on or before 14 May 1985; and
(ii) who is taken, because of section 6E of the
Veterans’ Entitlements Act 1986 , to have rendered operational service (within the meaning of that Act);
(ge) a member of the Defence Force:
(i) whose first service in the Defence Force began on or before 14 May 1985; and
(ii) who has rendered warlike service;
Insert:
warlike service has the same meaning as in theVeterans’ Entitlements Act 1986 .
Omit “and (10B)”, substitute “, (10B) and (10C)”.
Insert:
(10C) Despite subsection (10), this Act applies to a claim lodged before the commencement of this subsection for compensation in respect of an injury of a member of the Defence Force that arose out of, or in the course of, any service that:
(a) the member rendered before 13 May 1997; but
(b) only became on that day service in respect of which provision for the payment of pension is made by the
Veterans’ Entitlements Act 1986 (because of the amendments made to that Act by Part 1 or 8 of Schedule 1 to theVeterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 ).
1 Sections 5F, 5H, 5Q, 36H, 37H, 38H, 45G, 45H and 98 Omit “carer pension” (wherever occurring), substitute “carer payment”.
Omit “carer pension”, substitute “carer payment”.
Repeal the paragraph, substitute:
(a) a veteran was eligible for fringe benefits because of subsection 17(1) or (2) of the
Veterans’ Entitlements (Rewrite) Transition Act 1991 as in force immediately before the commencement of Schedule 5 to theVeterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 ; andNote: The heading to section 83 is altered by omitting “
are ” and substituting “were ”.
Repeal the notes.
Omit “is” (first occurring), substitute “was”.
After “
Veterans’ Entitlements (Rewrite) Transition Act 1991 ”, insert “as in force immediately before the commencement of Schedule 5 to theVeterans’ Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 ”.
Omit “Note 1:”, substitute “Note:”.
Repeal the note.
Repeal the note.
Repeal the Division.
After “Subject to”, insert “subsections (2) and (3) and”.
Add:
(3) If:
(a) an age pension is payable to a person; and
(b) the person receives a veteran’s disability pension or the person’s partner receives an age pension and a veteran’s disability pension; and
(c) the Secretary makes a determination for the purposes of this subsection in relation to the person that specifies pension paydays for the person; and
(d) the determination referred to in paragraph (c) has not been revoked;
the instalments referred to in subsection (1) are to be paid to the person on such pension paydays.
(4) In this section:
veteran’s disability pension has the same meaning for the purposes of this section as paragraph (a), (b) or (c) of the definition ofdisability pension has in section 5Q of theVeterans’ Entitlements Act 1986 .
Insert:
(1) Despite any other provision of this Act, this section applies if:
(a) the Secretary determines pension paydays under subsection 57(3); and
(b) the first pension payday specified in the determination (the
first pension payday ) is 7 days after the pension payday that applies under subsection 57(1).(2) Subject to subsection (4), the rate at which age pension is payable to the person on the first pension payday in accordance with the determination is to be worked out using the following formula:
where:
normal age pension instalment means the amount of age pension the person would have received if the first pension payday were a pension payday under subsection 57(1) apart from this section.
(3) The rate at which age pension is payable to the person on the first pension payday after the determination is revoked is to be worked out using the following formula:
where:
normal age pension instalment means the amount of age pension the person would have received on the pension payday under subsection 57(1) apart from this section.
(4) If the Secretary determines pension paydays under subsection 57(3) in relation to a person before the person receives an instalment of age pension where:
(a) the age pension has been granted to the person for the first time under this Act; or
(b) the age pension has been granted to the person under this Act after the person’s age pension has been cancelled;
subsection (2) does not apply to the person.
After “Subject to”, insert “subsections (2) and (3) and”.
Add:
(3) If:
(a) a person receives a wife pension; and
(b) the person’s partner receives:
(i) an age pension; and
(ii) a veteran’s disability pension; and
(c) the Secretary makes a determination for the purposes of this subsection in relation to the person that specifies pension paydays for the person; and
(d) the determination referred to in paragraph (c) has not been revoked;
the instalments referred to in subsection (1) are to be paid to the person on such pension paydays.
(4) In this section:
veteran’s disability pension has the same meaning for the purposes of this section as paragraph (a), (b) or (c) of the definition ofdisability pension has in section 5Q of theVeterans’ Entitlements Act 1986.
Insert:
(1) Despite any other provision of this Act, this section applies if:
(a) the Secretary determines pension paydays under subsection 161(3); and
(b) the first pension payday specified in the determination (the
first pension payday ) is 7 days after the pension payday that applies under subsection 161(1).(2) The rate at which wife pension is payable to the person on the first pension payday in accordance with the determination is to be worked out using the following formula:
where:
normal wife pension instalment means the amount of wife pension the person would have received if the first pension payday were a pension payday under subsection 161(1) apart from this section.
(3) The rate at which wife pension is payable to the person on the first pension payday after the determination is revoked is to be worked out using the following formula:
where:
normal wife pension instalment means the amount of wife pension the person would have received on the pension payday under subsection 161(1) apart from this section.
1 Subsection 84(1) (paragraphs (ba) and (bb) of the definition of concessional beneficiary) Repeal the paragraphs.
Part 1—Amendment of the Veterans’ Affairs Legislation Amendment Act 1987
1
Schedule 1 (paragraph (a) of the amendment of Schedule 2 (item 8)) Repeal the paragraph, substitute:
(a) Omit “161 kilometres” (in column 1, wherever occurring), substitute “185.2 kilometres”.
Part 2—Amendment of the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994
Renumber the second paragraph (c) as paragraph (e).
Part 3—Amendment of the Veterans’ Affairs Legislation Amendment and Repeal Act 1995
Omit “in Point 43-A1”.
Omit “income’s”, substitute “incomes”.
Part 4—Amendment of the Veterans’ Affairs (1995-96 Budget Measures) Legislation Amendment Act 1995
5
Item 8 of Schedule 4 (new subparagraph 38(1)(c)(ia)) After “whose partner”, insert “or non-illness separated spouse,”.
Part 5—Amendment of the Veterans’ Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995
Repeal the item, substitute:
Omit “section 52H”, substitute “sections 52H and 53AL”.
Repeal the item, substitute:
Omit “section 52H”, substitute “sections 52H and 53AL”.
Part 6—Amendment of the Social Security and Veterans’ Affairs Legislation Amendment Act 1995
Repeal the item, substitute:
After “52H,”, insert “52ZA, 52ZCA,”.
Part 7—Amendment of the Veterans’ Entitlements Act 1986 (carer amendments commencing on 1 July 1997)
Omit “42”, substitute “52”.
Omit “education or employment”, substitute “education, unpaid voluntary work or paid employment”.
Omit “10”, substitute “20”.
Omit “42”, substitute “52”.
Omit “education or employment”, substitute “education, unpaid voluntary work or paid employment”.
Omit “10”, substitute “20”.
Part 8—Amendment of the Veterans’ Entitlements Act 1986 relating to bereavement payments
15
Subdivision B of Division 12A of Part IIIB (heading) Repeal the heading, substitute:
Subdivision B—Death of pensioner’s partner (where partner was receiving a pension or a social security pension)
Repeal the note, substitute:
Note 2: As regards people receiving carer service pension or income support supplement, note that:
(a) this Subdivision does not apply to such a pension or supplement that is being received under section 53X; and
(b) Subdivision E applies to the situation where the partner who dies was not receiving a pension or a social security pension.
17
Subdivision E of Division 12A of Part IIIB (heading) Repeal the heading, substitute:
Subdivision E—Death of person being cared for (where the carer was not the person’s partner or the person was not receiving a pension or a social security pension)
Before “
pension ”, insert “carer ”.
Repeal the paragraphs, substitute:
(a) a person (the
pensioner ) is receiving a carer pension because he or she provides care for a person; and(b) the person being cared for dies; and
(c) either:
(i) the person being cared for was not the pensioner’s partner; or
(ii) the person being cared for was the pensioner’s partner but was not receiving a pension or a social security pension immediately before his or her death.
Omit “the pension”, substitute “the carer pension”.
Before “pension” (wherever occurring), insert “carer”.
After “amount of the”, insert “carer”.
Before “pension”, insert “carer”.
Before “pension”, insert “carer”.
Insert:
(1A) A lump sum is payable to a person (the
pensioner ) under this section if:
(a) the pensioner is receiving a carer pension; and
(b) the person is caring for another person who is the pensioner’s partner; and
(c) the person being cared for dies; and
(d) the person being cared for was not receiving a pension, a social security pension or a social security benefit immediately before his or her death.
26
Subsection 53W(2) (definition of carer’s current instalment) Before “pension”, insert “carer”.
Part 9—Amendment of the Veterans’ Entitlements Act 1986 (minor technical amendments)
Repeal the paragraph, substitute:
(zb) a payment to a veteran that is a bereavement payment under section 98A; or
Renumber as (zm).
Repeal the paragraph, substitute:
(b) income support supplement; or
(c) a social security pension;
After “service pension”, insert “or an income support supplement”.
Repeal the subparagraph, substitute:
(iii) income support supplement; or
(iv) a social security pension; and
Omit “Note:”, substitute “Note 1:”.
Add:
Note 2: For
social security pension see subsection 5Q(1).
Repeal the subparagraph, substitute:
(iii) income support supplement; or
(iv) a social security pension; and
Omit “Note:”, substitute “Note 1:”.
Add:
Note 2: For
social security pension see subsection 5Q(1).
Omit “or a social security pension”, substitute “, an income support supplement or a social security pension”.
Omit “or a social security pension”, substitute “, an income support supplement or a social security pension”.
Omit “or a social security pension”, substitute “, an income support supplement or a social security pension”.
Omit “21”, substitute “15B”.
Omit “paragraph 118JA(c)”, substitute “paragraph 118A(1)(c)”.
Omit “paragraph 118JA(a) or (b)”, substitute “paragraph 118A(1)(a) or (b)”.
After “States,”, insert “of the Australian Capital Territory,”.
Renumber the clauses in the Schedule as clauses 1 to 7.
[Minister’s second reading speech made in—
House of Representatives on 25 June 1997
Senate on 21 October 1997]
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