Veterans’ Affairs Legislation Amendment (Omnibus) Act 2017 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Veterans’ Affairs Legislation Amendment (Omnibus) Act 2017 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 30 November 2017 |
Schedule 1 | The day after this Act receives the Royal Assent. | 1 December 2017 |
Schedule 2 | The 28th day after this Act receives the Royal Assent. | 28 December 2017 |
Schedule 3, Part 1 | The day after this Act receives the Royal Assent. | 1 December 2017 |
Schedule 3, Part 2 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 December 2017 (paragraph (a) applies) |
Schedule 4, Part 1 | The day after this Act receives the Royal Assent. | 1 December 2017 |
Schedule 4, Part 2 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 December 2017 (paragraph (a) applies) |
Schedule 5, Part 1 | The day after this Act receives the Royal Assent. | 1 December 2017 |
Schedule 5, Part 2 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 December 2017 (paragraph (a) applies) |
Schedules 5A to 8 | The day after this Act receives the Royal Assent. | 1 December 2017 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal the section, substitute:
In carrying out its functions, the Board must pursue the objective of providing a mechanism of review that:
(a) is accessible; and
(b) is fair, just, economical, informal and quick; and
(c) is proportionate to the importance and complexity of the matter; and
(d) promotes public trust and confidence in the decision‑making of the Board.
Insert:
If:
(a) an application for a review is made under section 135; and
(b) before the Board determines the review:
(i) a party to the review obtains possession of a document; and
(ii) the document is relevant to the review; and
(iii) a copy of the document has not already been lodged with the Board;
the party must, subject to any directions given under subsection 142(2), lodge a copy of the document with the Board as soon as practicable after obtaining possession.
Add:
; and (h) the provision of documents under section 137A, including documents that are or are not required to be lodged under that section.
Add:
Variation or revocation of decision
(4) The Board may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:
(a) the parties, or their representatives, reach agreement on the variation or revocation; and
(b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and
(c) the variation or revocation appears appropriate to the Board; and
(d) in the case of a variation—the Board is satisfied that it would have been within the powers of the Board to have made the decision as varied.
Repeal the subsection, substitute:
(9) A party to a review of a decision of the Commission, and any person representing such a party, must use their best endeavours to assist the Board to fulfil the objective in section 133A.
(1) Section 137A of the
Veterans’ Entitlements Act 1986 , as inserted by this Part, applies in relation to an application for review that is made on or after the commencement of this item.(2) Subsection 145C(4) of the
Veterans’ Entitlements Act 1986 , as added by this Part, applies in relation to a decision the Board made on or after the commencement of this item.(3) Subsection 148(9) of the
Veterans’ Entitlements Act 1986 , as substituted by this Part, applies in relation to an application for review that is made on or after the commencement of this item.
After “137,”, insert “137A,”.
Insert:
8A | Section 137A | The reference to section 135 has effect as a reference to section 352 of this Act |
Add:
Note: All references in this Part to the Review Council are references to the Specialist Medical Review Council: see the definition of
Review Council in subsection 5AB(1).
Repeal the paragraph.
Repeal the paragraph, substitute:
(c) be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.
Repeal the subsections, substitute:
(4) The Review Council must notify the Secretary and the Repatriation Medical Authority of the request within 28 days of the request being lodged.
Repeal the paragraph.
Repeal the paragraph, substitute:
(d) be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.
Repeal the subsections, substitute:
(3) The Review Council must notify the Secretary and the Repatriation Medical Authority of the request within 28 days of the request being lodged.
Repeal the subsection, substitute:
(2) A notice must specify the date by which all submissions must be received by the Council.
Omit “In respect of each of those branches, the Minister must ensure that, at any time, the number (not less than 2) of councillors having experience in that branch is sufficient for the proper exercise of the functions of the Council.”.
Repeal the subsection, substitute:
(4) One of the councillors must be a person having at least 5 years’ experience in the field of epidemiology.
Omit “relevant documentary medical evidence obtained for the purposes of the review”, substitute “medical evidence relevant to, and obtained by the applicant for the purposes of, the review”.
Repeal the subsection, substitute:
(2) The applicant is not to be paid more than the amount prescribed by, or worked out in accordance with, the regulations.
Omit “Commission” (wherever occurring), substitute “Review Council”.
Repeal the paragraph.
Omit “relevant documentary”.
Repeal the paragraph, substitute:
(d) be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.
Repeal the subsections.
Omit “relevant documentary medical evidence submitted to the Review Council”, substitute “medical evidence submitted to the Review Council as mentioned in subsection 196ZN(1)”.
Omit “Commission”, substitute “Review Council”.
Omit “Commission” (wherever occurring), substitute “Review Council”.
Repeal the paragraph.
Omit “12”, substitute “3”.
Omit “Commission” (wherever occurring), substitute “Review Council”.
Repeal the paragraph, substitute:
(d) be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.
Repeal the subsection.
Repeal the heading, substitute:
Omit “Commission” (wherever occurring), substitute “Review Council”.
Add:
(1) If:
(a) either:
(i) the Review Council is carrying out a review under subsection 196W(2) and an individual, or an organisation referred to in paragraph 196Y(1)(c), has made a written submission in relation to the review; or
(ii) the Review Council is carrying out a review under subsection 196W(6) at the request of an individual or an organisation; and
(b) a person who is one of the following appears before the Review Council to make an oral submission in relation to the review:
(i) the individual or his or her representative;
(ii) a representative of the organisation;
the person is, subject to this section, entitled to be paid, for travel that the person undertook to appear, the travelling expenses that are prescribed.
(2) If:
(a) the person is accompanied by an attendant when travelling to appear before the Review Council; and
(b) the Review Council is of the view that it is reasonable for the person to be so accompanied by an attendant;
the attendant is, subject to this section, entitled to be paid for that travel the travelling expenses that are prescribed.
(3) Travelling expenses are not payable in respect of travel outside Australia.
(4) Travelling expenses are not payable unless:
(a) the person who has incurred the expenses; or
(b) any person approved by that person or by the Review Council;
applies in writing to the Review Council for payment and the Review Council approves the application.
(5) The application for payment must be:
(a) made within 3 months after the completion of the travel; and
(b) accompanied by any document that the applicant considers relevant; and
(c) lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.
(6) The Commonwealth is to pay the travelling expenses to which a person is entitled under this section.
Add:
(1) The Convener may give written directions:
(a) as to the manner of lodging requests or applications, including in electronic form, with the Review Council for the purposes of paragraphs 196Y(3)(c), 196Z(2)(d), 196ZN(4)(d), 196ZO(5)(d) and 196ZQ(5)(c); and
(b) as to the time at which such requests or applications are taken to have been lodged.
(2) A direction under subsection (1) is not a legislative instrument.
(1) The amendments of sections 196Y and 196Z of the
Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to requests made on or after the commencement of this item.(2) The amendment of section 196ZB of the
Veterans’ Entitlements Act 1986 made by this Schedule applies in relation to notices published on or after the commencement of this item.(3) The amendments of section 196ZN of the
Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to applications made on or after the commencement of this item.(4) The amendments of section 196ZO of the
Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to travel undertaken on or after the commencement of this item.(5) The amendment of subsection 196ZP(1) of the
Veterans’ Entitlements Act 1986 made by this Schedule applies in relation to authorisations given on or after the commencement of this item.(6) Section 196ZQ of the
Veterans’ Entitlements Act 1986 , as added by this Schedule, applies in relation to travel undertaken on or after the commencement of this item.
Add:
Note: Under section 203 of the
Veterans’ Entitlements Act 1986 , the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.
Add:
Note: Under section 203 of the
Veterans’ Entitlements Act 1986 , the Minister may enter into an arrangement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.
Omit “(Arrangements with Governments of other countries)”, substitute “(International arrangements)”.
Repeal the section, substitute:
(1) The Minister may, on behalf of the Commonwealth, enter into an arrangement with a foreign country, being an arrangement:
(a) that relates to reciprocity in veterans’ affairs matters; and
(b) that makes provision for and in relation to the making of payments, or the provision of treatment or rehabilitation, to or in relation to classes of persons specified in the arrangement.
(2) Without limiting subsection (1), the arrangement may make provision for and in relation to the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under any of the following:
(a) this Act;
(b) the
Military Rehabilitation and Compensation Act 2004 ;(c) the
Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 .
Provisions of arrangement have full effect
(3) The provisions of an arrangement that is in force under this section have effect despite anything in any of the Acts referred to in subsection (2).
Administration of arrangement
(4) The Commission, or the Military Rehabilitation and Compensation Commission, may give effect to and administer an arrangement that is in force under this section.
Variation or revocation of arrangement
(5) An arrangement that is in force under this section may be varied or revoked by the Minister on behalf of the Commonwealth.
Publication of arrangement
(6) The Minister must arrange for a copy of an arrangement entered into under subsection (1), or of any variations to such an arrangement, to be published on the Department’s website.
Arrangement is not a legislative instrument
(7) An arrangement entered into under subsection (1) is not a legislative instrument.
(1) An arrangement that:
(a) was entered into under section 203 of the
Veterans’ Entitlements Act 1986 before the commencement of this item (including an arrangement having effect as if it were entered into under that section because of section 56 of theVeterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 ); and(b) was in force immediately before the commencement of this item;
continues in force on and after that commencement as if it were an arrangement entered into under section 203 of the
Veterans’ Entitlements Act 1986 as substituted by this Part.(2) Subitem (1) does not prevent a variation or revocation, on or after the commencement of this item, of an arrangement continued in force under this item.
Add:
Note: Under section 203 of the
Veterans’ Entitlements Act 1986 , the Minister may enter into an arrangement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.
Add:
; (d) the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 .
Add:
The employers providing civilian work may be entitled to payments under a scheme determined by the Commission.
Add:
(1) The Commission may, in writing, determine a scheme for and in relation to the making of payments to employers in respect of the provision by the employers of suitable civilian work to persons as mentioned in paragraph 61(3)(c) and subsection 62(3).
Scheme must be approved by the Minister
(2) The scheme has no effect unless the Minister has approved it in writing.
Variation or revocation of scheme
(3) The Commission may, by written determination, vary or revoke the scheme that is in force under this section.
(4) A determination under subsection (3) has no effect unless the Minister has approved it in writing.
Legislative instruments
(5) A determination under subsection (1) or (3) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Insert:
(ba) payments under the scheme referred to in section 62A;
Add:
; and (h) the payment of financial assistance, under the scheme, to specified employers in respect of the provision by the employers of employment to veterans as mentioned in subsection (1).
Insert:
(da) payments under the Veterans’ Vocational Rehabilitation Scheme; and
Insert:
(1) The MRCC may, in writing, determine a scheme for and in relation to the making of payments to employers in respect of the provision by the employers of suitable employment to employees as mentioned in subsection 40(1).
Scheme must be approved by the Minister
(2) The scheme has no effect unless the Minister has approved it in writing.
Variation or revocation of scheme
(3) The MRCC may, by written determination, vary or revoke the scheme that is in force under this section.
(4) A determination under subsection (3) has no effect unless the Minister has approved it in writing.
Legislative instruments
(5) A determination under subsection (1) or (3) made by the MRCC and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Insert:
(1A) The Consolidated Revenue Fund is appropriated for the purposes of making payments under the scheme referred to in section 40A.
Insert:
2A | The Commonwealth Superannuation Corporation | A purpose relating to the performance of a function, or the exercise of a power, by that Corporation under: (a) an Act administered by CSC; or
|
Add:
(5) In this section:
Act administered by CSC has the meaning given by theGovernance of Australian Government Superannuation Schemes Act 2011 .
The amendment of subsection 409(2) of the
Military Rehabilitation and Compensation Act 2004 made by this Part applies in relation to the provision of information on or after the commencement of this item (whether the information was obtained before, on or after that commencement).
Repeal the subsection, substitute:
(1) The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to a person specified in the following table for the purposes specified in the table:
1 | The Secretary of the Department administered by the Minister who administers the | The purposes of that Department |
2 | The Secretary of the Department administered by the Minister who administers the | The purposes of that Department |
3 | The Secretary of the Department administered by the Minister who administers the | The purposes of that Department |
4 | The Chief Executive Centrelink (within the meaning of the | The purposes of Centrelink |
5 | The Chief Executive Medicare (within the meaning of the | The purposes of Medicare |
6 | The Commonwealth Superannuation Corporation | A purpose relating to the performance of a function, or the exercise of a power, by that Corporation under: (a) an Act administered by CSC; or
|
Omit “The Secretary or Chief Executive”, substitute “The person”.
Add:
(4) In this section:
Act administered by CSC has the meaning given by theGovernance of Australian Government Superannuation Schemes Act 2011 .
The repeal and substitution of subsection 151A(1) of the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 made by this Part applies in relation to the provision of information on or after the commencement of this item (whether the information was obtained before, on or after that commencement).
1 Subsection 84(1) (subparagraph (c)(ii) of the definition of concessional beneficiary ) Repeal the subparagraph, substitute:
(ii) who is eligible for fringe benefits under section 53A of the
Veterans’ Entitlements Act 1986 ; or
Insert:
The Minister may, by writing, delegate any of his or her functions or powers under this Act, under the regulations or under any other legislative instrument made under this Act to:
(a) a Commission member; or
(b) an SES employee, or acting SES employee, in the Department.
1 Subsection 4(1) (definition of approved pharmaceutical scheme ) Repeal the definition.
Insert:
Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of theVeterans’ Entitlements Act 1986 .
Repeal the heading, substitute:
Omit “An approved pharmaceutical scheme, or, if such a scheme”, substitute “The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme”.
Omit “an approved pharmaceutical scheme”, substitute “the Repatriation Pharmaceutical Benefits Scheme”.
(1) An approved pharmaceutical scheme as modified and applying under section 18 of the
Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 immediately before the commencement of this item continues to apply on and after that commencement as if it were the Repatriation Pharmaceutical Benefits Scheme as modified and applying under that section as amended by this Schedule.(2) Subitem (1) does not prevent the exercise of powers under that section in relation to the Repatriation Pharmaceutical Benefits Scheme on or after the commencement of this item.
Insert:
pharmaceutical benefits determination : see subsection 286(3).
treatment determination : see subsection 286(4).
Add:
(5) Despite subsection 14(2) of the
Legislation Act 2003 , the guide, or an amendment of the guide, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Repeal the heading, substitute:
Repeal the subsections, substitute:
Determination must be approved by the Minister
(2) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(3) A determination under subsection (1), so far as it relates to paragraph (1)(c), approved by the Minister and as in force from time to time is a
pharmaceutical benefits determination .(4) Any other determination under subsection (1) approved by the Minister and as in force from time to time is a
treatment determination .
Variation or revocation of determinations
(5) The Commission may, by written determination, vary or revoke a pharmaceutical benefits determination or treatment determination.
(6) A determination under subsection (5) has no effect unless the Minister has approved it in writing.
Legislative instruments
(6A) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Incorporation of other instruments
(6B) Despite subsection 14(2) of the
Legislation Act 2003 :
(a) a determination under subsection (1); or
(b) a determination under subsection (5) varying a pharmaceutical benefits determination or treatment determination;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(1) A determination in force under section 286 of the
Military Rehabilitation and Compensation Act 2004 immediately before the commencement of this item continues in force on and after that commencement as if it were:
(a) if the determination related to paragraph 286(1)(c) of that Act—a pharmaceutical benefits determination in force under that section; or
(b) otherwise—a treatment determination in force under that section.
(2) Subitem (1) does not prevent a variation or revocation of a pharmaceutical benefits determination or treatment determination on or after the commencement of this item.
Omit “the determination made under section 286”, substitute “a treatment determination under section 286”.
Omit “determined under subparagraph 286(1)(h)(i)”, substitute “mentioned in subparagraph 286(1)(h)(i) and specified in a treatment determination”.
After “in accordance with”, insert “the treatment determination as it relates to”.
15 Subsection 5Q(1) (definition of approved Guide to the Assessment of Rates of Veterans’ Pensions ) Repeal the definition.
Insert:
Approved Guide to the Assessment of Rates of Veterans’ Pensions : see subsection 29(3).
17
Subsection 5Q(1) (definition of approved Treatment Principles ) Repeal the definition.
Insert:
Repatriation Pharmaceutical Benefits Scheme : see subsection 91(3).
19
Subsection 5Q(1) (definition of Repatriation Private Patient Principles ) Repeal the definition, substitute:
Repatriation Private Patient Principles : see subsection 90A(4).
Insert:
Treatment Principles : see subsection 90(4).
Vehicle Assistance Scheme : see subsection 105(9).
Veterans’ Children Education Scheme : see subsection 117(7).
Veterans’ Vocational Rehabilitation Scheme : see subsection 115B(7).
Omit “scheme known as the”.
Omit “approved”, substitute “Approved”.
Omit “approved”, substitute “Approved”.
Repeal the heading, substitute:
Omit all the words from and including “from time to time” to and including “setting out”, substitute “in writing, determine a guide setting out”.
Repeal the subsections, substitute:
Determination must be approved by the Minister
(2) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(3) A determination under subsection (1) approved by the Minister and as in force from time to time is the
Approved Guide to the Assessment of Rates of Veterans’ Pensions .
Variation or revocation of Approved Guide to the Assessment of Rates of Veterans’ Pensions
(3A) The Commission may, by written determination, vary or revoke the Approved Guide to the Assessment of Rates of Veterans’ Pensions.
(3B) A determination under subsection (3A) has no effect unless the Minister has approved it in writing.
Guide is binding
Omit “approved” (wherever occurring), substitute “Approved”.
Insert:
Extent of incapacity
Repeal the subsections, substitute:
Legislative instruments
(10) A determination under subsection (1) or (3A) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Omit “the document or instrument”, substitute “the legislative instrument”.
Add:
Incorporation of other instruments
(12) Despite subsection 14(2) of the
Legislation Act 2003 :
(a) a determination under subsection (1); or
(b) a determination under subsection (3A) varying the Approved Guide to the Assessment of Rates of Veterans’ Pensions;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(1) The approved Guide to the Assessment of Rates of Veterans’ Pensions in force under section 29 of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continues in force on and after that commencement as if it were the Approved Guide to the Assessment of Rates of Veterans’ Pensions in force under that section as amended by this Schedule.(2) Subitem (1) does not prevent a variation or revocation of the Approved Guide to the Assessment of Rates of Veterans’ Pensions on or after the commencement of this item.
Omit “the scheme administered by the Commonwealth known as”.
Omit “scheme known as the”.
Omit “specified under paragraph 90(1B)(a)”, substitute “mentioned in paragraph 90(1B)(a) and specified in the Treatment Principles”.
After “in accordance with”, insert “the Treatment Principles as they relate to”.
Repeal the heading, substitute:
Omit all the words from and including “from time to time” to and including “setting out”, substitute “in writing, determine principles setting out”.
Add:
Note: For
eligible person , see subsection (8).
Omit “The Treatment Principles”, substitute “A determination under subsection (1)”.
Omit “document referred to in”, substitute “determination under”.
Omit “the document”, substitute “the determination”.
Repeal the subsections, substitute:
Determination must be approved by the Minister
(3) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(4) A determination under subsection (1) approved by the Minister and as in force from time to time is the
Treatment Principles .
Variation or revocation of Treatment Principles
(5) The Commission may, by written determination, vary or revoke the Treatment Principles.
(6) A determination under subsection (5) has no effect unless the Minister has approved it in writing.
Legislative instruments
(7) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Incorporation of other instruments
(7A) Despite subsection 14(2) of the
Legislation Act 2003 :
(a) a determination under subsection (1); or
(b) a determination under subsection (5) varying the Treatment Principles;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Treatment Principles are binding on the Commission
(7B) The Treatment Principles are binding on the Commission in the exercise of its powers and discretions under this Part.
Eligible person
(1) The approved Treatment Principles in force under section 90 of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continue in force on and after that commencement as if they were the Treatment Principles in force under that section as amended by this Schedule.(2) Subitem (1) does not prevent a variation or revocation of the Treatment Principles on or after the commencement of this item.
(3) The amendments made by this Schedule do not affect the continuity of any modifications of the Treatment Principles, being modifications in force under section 16 of the
Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 immediately before the commencement of this item.
Repeal the heading, substitute:
Add:
Note: For
eligible person , see subsection (9).
Omit “The principles”, substitute “A determination under subsection (1)”.
Repeal the subsections, substitute:
Determination must be approved by the Minister
(3) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(4) A determination under subsection (1) approved by the Minister and as in force from time to time is the
Repatriation Private Patient Principles .
Variation or revocation of Repatriation Private Patient Principles
(5) The Commission may, by written determination, vary or revoke the Repatriation Private Patient Principles.
(5A) A determination under subsection (5) has no effect unless the Minister has approved it in writing.
Legislative instruments
(5B) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Incorporation of other instruments
(5C) Despite subsection 14(2) of the
Legislation Act 2003 :
(a) a determination under subsection (1); or
(b) a determination under subsection (5) varying the Repatriation Private Patient Principles;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Omit “an instrument referred to in subsection (5)”, substitute “a determination referred to in subsection (5B)”.
Omit “approves it”, substitute “approved the determination”.
Repeal the subsection.
Insert:
When treatment is provided as a private patient
Insert:
Eligible person
(1) The Repatriation Private Patient Principles in force under section 90A of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continue in force on and after that commencement as if they were the Repatriation Private Patient Principles in force under that section as amended by this Schedule.(2) Subitem (1) does not prevent a variation or revocation of the Repatriation Private Patient Principles on or after the commencement of this item.
(3) The amendments made by this Schedule do not affect the continuity of a notice in force under subsection 90B(1) of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item.(4) The amendments made by this Schedule do not affect the continuity of any modifications of the Repatriation Private Patient Principles, being modifications in force under section 17 of the
Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 immediately before the commencement of this item.
Repeal the heading, substitute:
Omit “from time to time, by instrument in writing, prepare”, substitute “in writing, determine”.
Add:
Note: For
pharmaceutical benefits , see subsection (9).
Omit “an instrument”, substitute “a determination”.
Omit “the instrument” (wherever occurring), substitute “the determination”.
Repeal the subsections, substitute:
Determination must be approved by the Minister
(2) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(3) A determination under subsection (1) approved by the Minister and as in force from time to time is the
Repatriation Pharmaceutical Benefits Scheme .
Variation or revocation of Repatriation Pharmaceutical Benefits Scheme
(4) The Commission may, by written determination, vary or revoke the Repatriation Pharmaceutical Benefits Scheme.
(5) A determination under subsection (4) has no effect unless the Minister has approved it in writing.
Legislative instruments
(5A) A determination under subsection (1) or (4) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Incorporation of other instruments
(5B) Despite subsection 14(2) of the
Legislation Act 2003 :
(a) a determination under subsection (1); or
(b) a determination under subsection (4) varying the Repatriation Pharmaceutical Benefits Scheme;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Inquiry by Pharmaceutical Benefits Remuneration Tribunal
Omit “an approved scheme or a determination under paragraph 286(1)(c) of the MRCA”, substitute “the Repatriation Pharmaceutical Benefits Scheme under this section or a pharmaceutical benefits determination under section 286 of the MRCA”.
Omit “prepare an instrument under subsection (2) varying the approved scheme”, substitute “, under subsection (4), vary the Repatriation Pharmaceutical Benefits Scheme”.
Omit “vary the determination under paragraph 286(1)(c) of the MRCA”, substitute “, under subsection 286(5) of the MRCA, vary the pharmaceutical benefits determination under section 286 of the MRCA”.
Insert:
Pharmaceutical benefits
65
Subsection 91(9) (definition of approved scheme ) Repeal the definition.
(1) The scheme in force under section 91 of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continues in force on and after that commencement as if it were the Repatriation Pharmaceutical Benefits Scheme in force under that section as amended by this Schedule.(2) Subitem (1) does not prevent a variation or revocation of the Repatriation Pharmaceutical Benefits Scheme on or after the commencement of this item.
67
Subsection 93K(1) (definition of pharmaceutical benefits scheme ) Repeal the definition.
Omit “pharmaceutical benefits scheme”, substitute “Repatriation Pharmaceutical Benefits Scheme”.
Omit “pharmaceutical benefits scheme”, substitute “Repatriation Pharmaceutical Benefits Scheme”.
Repeal the heading, substitute:
Omit “by instrument in writing, prepare a scheme, called the Vehicle Assistance Scheme,”, substitute “in writing, determine a scheme”.
Repeal the subsections.
Omit “Vehicle Assistance Scheme”, substitute “scheme”.
Repeal the subsection.
Omit “locomotion; and”, substitute “locomotion.”.
Repeal the paragraph.
Add:
Determination must be approved by the Minister
(8) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(9) A determination under subsection (1) approved by the Minister and as in force from time to time is the
Vehicle Assistance Scheme .
Variation or revocation of Vehicle Assistance Scheme
(10) The Commission may, by written determination, vary or revoke the Vehicle Assistance Scheme.
(11) A determination under subsection (10) has no effect unless the Minister has approved it in writing.
Legislative instruments
(12) A determination under subsection (1) or (10) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Provision of benefits
(13) The Commission may provide benefits for veterans referred to in subsection (5) under and in accordance with the provisions of the Vehicle Assistance Scheme.
(1) The scheme in force under section 105 of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continues in force on and after that commencement as if it were the Vehicle Assistance Scheme in force under that section as amended by this Schedule.(2) Subitem (1) does not prevent a variation or revocation of the Vehicle Assistance Scheme on or after the commencement of this item.
79
Subsection 115A(1) (definition of Veterans’ Vocational Rehabilitation Scheme ) Repeal the definition.
Repeal the heading, substitute:
Omit “from time to time, by instrument in writing, make a scheme, to be called the Veterans’ Vocational Rehabilitation Scheme,”, substitute “in writing, determine a scheme”.
Repeal the subsections.
Omit “Scheme” (wherever occurring), substitute “scheme”.
Repeal the subsection, substitute:
Determination must be approved by the Minister
(6) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(7) A determination under subsection (1) approved by the Minister and as in force from time to time is the
Veterans’ Vocational Rehabilitation Scheme .
Variation or revocation of Veterans’ Vocational Rehabilitation Scheme
(8) The Commission may, by written determination, vary or revoke the Veterans’ Vocational Rehabilitation Scheme.
(9) A determination under subsection (8) has no effect unless the Minister has approved it in writing.
Legislative instruments
(10) A determination under subsection (1) or (8) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Consultation
(11) Before making a determination under subsection (1) or (8), the Commission must consult such organisations and associations, representing the interests of the veteran community, as the Commission thinks appropriate.
(1) The scheme in force under section 115B of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continues in force on and after that commencement as if it were the Veterans’ Vocational Rehabilitation Scheme in force under that section as amended by this Schedule.(2) Subitem (1) does not prevent a variation or revocation of the Veterans’ Vocational Rehabilitation Scheme on or after the commencement of this item.
Repeal the definition.
Repeal the heading, substitute:
Omit “from time to time, by instrument in writing, prepare a scheme, to be called the Veterans’ Children Education Scheme,”, substitute “in writing, determine a scheme”.
Repeal the subsections.
Omit “Scheme” (wherever occurring), substitute “scheme”.
Add:
Determination must be approved by the Minister
(6) A determination under subsection (1) has no effect unless the Minister has approved it in writing.
(7) A determination under subsection (1) approved by the Minister and as in force from time to time is the
Veterans’ Children Education Scheme .
Variation or revocation of Veterans’ Children Education Scheme
(8) The Commission may, by written determination, vary or revoke the Veterans’ Children Education Scheme
. (9) A determination under subsection (8) has no effect unless the Minister has approved it in writing.
Legislative instruments
(10) A determination under subsection (1) or (8) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
(1) The scheme in force under section 117 of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continues in force on and after that commencement as if it were the Veterans’ Children Education Scheme in force under that section as amended by this Schedule.(2) Subitem (1) does not prevent a variation or revocation of the Veterans’ Children Education Scheme on or after the commencement of this item.
Repeal the heading, substitute:
Omit “Scheme”, substitute “Veterans’ Children Education Scheme”.
Omit “scheme”, substitute “Veterans’ Children Education Scheme”.
Omit “scheme known as the”.
Repeal the paragraphs.
Repeal the paragraph.
Omit “initiative;”, substitute “initiative.”.
Repeal the paragraphs.
Repeal the paragraph (not including the note).
6
Subsection 5Q(1) (definition of clean energy advance ) Repeal the definition.
7
Subsection 5Q(1) (paragraph (a) of the definition of clean energy bonus ) Repeal the paragraph.
8
Subsection 5Q(1) (paragraph (a) of the definition of clean energy payment ) Repeal the paragraph.
Repeal the Division.
Repeal the Parts.
11 Section 11‑15 (table item headed “social security or like payments”) Omit:
| 52‑65 |
12 Section 11‑15 (table item headed “social security or like payments”) Omit:
| 52‑65 |
Repeal the paragraphs.
Repeal the subsections.
Repeal the items.
Repeal the subparagraph.
17
Paragraphs 8(8)(yb), (yd), (yf), (yh) and (yhb) Repeal the paragraphs.
18 Section 123TC (paragraph (b) of the definition of clean energy income‑managed payment ) Repeal the paragraph.
(1) Despite the amendments made by this Part, Subdivision D of Division 1 of Part IIIE of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of clean energy advance made on or after that commencement.(2) Despite the amendments made by this Part, Subdivision E of Division 1 of Part IIIE of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance made before, on or after that commencement.(3) Despite the amendments made by this Part, section 118ZZVH of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of ETR payment made on or after that commencement.(4) Despite the amendments made by this Part, sections 205 to 206 of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment under Part VIID, VIIE, VIIF, VIIG or VIIH of that Act made before, on or after that commencement.(5) Despite the amendments made by this Part, subsection 52‑65(1G) of the
Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance under theVeterans’ Entitlements Act 1986 made before, on or after that commencement.(6) Despite the amendments made by this Part, subsection 52‑65(1H) of the
Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.(7) Despite the amendments made by this Part, paragraph 5H(8)(zzai) of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.(8) Despite the amendments made by this Part, paragraph 5H(8)(zzh) of the
Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment under the scheme determined under Part 2 of Schedule 1 to theFamily Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012 , being a payment made before, on or after that commencement.(9) Despite the amendments made by this Part, paragraph 8(8)(yhb) of the
Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.(10) Despite the amendments made by this Part, Subdivision DE of Division 5 of Part 3B of the
Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a clean energy advance under the Veterans’ Entitlements Act for service pension, being an advance payable before, on or after that commencement.
20 Subsection 5(1) (definition of clean energy advance ) Repeal the definition.
21 Subsection 5(1) (paragraph (a) of the definition of clean energy bonus ) Repeal the paragraph.
22 Subsection 5(1) (definition of clean energy payment ) Omit “clean energy advance or”.
Omit “, 317 and 424K”, substitute “and 317”.
Repeal the note, substitute:
Note: Chapter 6 has its own recovery provisions (see sections 315, 316 and 317).
Repeal the Divisions.
Omit “and Part 5A of Chapter 11”.
(1) Despite the amendments made by this Part, Division 4 of Part 5A of Chapter 11 of the
Military Rehabilitation and Compensation Act 2004 , as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of clean energy advance made on or after that commencement.(2) Despite the amendments made by this Part, Division 5 of Part 5A of Chapter 11 of the
Military Rehabilitation and Compensation Act 2004 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance made before, on or after that commencement.(3) Despite the amendments made by this Part, table item 22 in section 52‑114 of the
Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance under Part 5A of Chapter 11 of theMilitary Rehabilitation and Compensation Act 2004 made before, on or after that commencement.
Omit “Commission”, substitute “Minister”.
A determination in force for the purposes of subsection 52B(4) of the
Veterans’ Entitlements Act 1986 immediately before the commencement of this item continues in force on and after that commencement as if it were a determination made under that subsection as amended by this Part.
After “for the purposes of this Act or the regulations”, insert “or the other legislative instrument made under this Act”.
Omit “under this Act”.
After “for the purposes of this Act or the regulations”, insert “or the other legislative instrument made under this Act”.
Omit “under this Act”.
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