Veterans' Entitlements Income (Exempt Lump Sum Sugar Payment) Determination No. R12 of 2004 (Cth)

Commonwealth of Australia

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income

(Exempt Lump Sum - Sugar Payment)

Determination No. R12 of 2004

I, JEANETTE RICKETTS, Branch Head, Income Support Branch, Department of Veterans’ Affairs, and delegate of the Repatriation Commission, determine the amount specified in Part 2 of the Schedule to be an exempt lump sum for the purposes of the definition of “ordinary income” in subsection 5H(1) of the Veterans’ Entitlements Act 1986. 

Dated this Eighth day of September 2004.

JEANETTE RICKETTS

SCHEDULE

Part 1: Preliminary and Interpretation

1.                EXPLANATION

1.1 Paragraph 5H(12)(c) of the Actenables the Repatriation Commission to determine that an amount, or one of a class of amounts, is an exempt lump sum - the consequence of which is that the amount, or class of amounts, is not ordinary income for the purposes of the Act.

1.2    NAME OF DETERMINATION

1.2.1           This Determination is the Veterans’ Entitlements Income (Exempt Lump Sum - Sugar Payment) Determination No. R12 of 2004

1.3    COMMENCEMENT OF DETERMINATION

1.3.1                    Upon being signed by the Commission-delegate this Determination is taken to have commenced on

1 September 2002.

4                 DEFINITIONS

1.4.1           In this Determination:

“Act” means the Veterans’ Entitlements Act 1986.

“Re-establishment Grant” means:

(a) in relation to the Sugar Industry Reform Program announced by the Australian Government on or about 25 September 2002 ¾ a payment (commonly known as a "Re-establishment grant" or an "exit grant") made by the Australian Government to a sugarcane grower in consideration of the sugarcane grower leaving the Sugar Industry (temporarily or permanently).

(b) in relation to the Sugar Industry Reform Programs announced by the Australian Government on or about 1 February 2003 and on or about 29 April 2004 ¾ a payment (commonly known as a "Re-establishment grant" or an "exit grant") made by the Australian Government to a sugarcane grower or a sugarcane harvester in consideration of the sugarcane grower or the sugarcane harvester leaving the Sugar Industry (temporarily or permanently).

“Repatriation Commission” means the body corporate continued in existence under section 179 of the Act.

“Sugar Industry Reform Program” means a program:

(a)commonly known as a "Sugar Industry Reform Program", being an administrative program and being one of three such programs established by the Australian Government on or about 25 September 2002, 1 February 2003 and 29 April 2004 respectively, each Program having as its aim the reform of the Australian Sugarcane Industry;and

(b)under which grants of money (eg Re-establishment grants) were or are paid to eligible sugarcane growers and eligible sugarcane harvesters as compensation for leaving the Industry (temporarily or permanently) except that under the Sugar Industry Reform Program announced on or about 25 September 2002 grants of money were only paid to eligible sugarcane growers (not sugarcane harvesters) as compensation for leaving the Industry (temporarily or permanently);and

(c)that provides for the grants to be paid by the organisation established under section 6 of the Commonwealth Services Delivery Agency Act 1997 and known as Centrelink;and

(d)   the essential features of the three Sugar Industry Reform Programs may be found, respectively, on the following Internet sites:

2:         Exempt Lump Sum

2.1Re-establishment Grant.

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REPATRIATION COMMISSION