Veterans' Entitlements (Means Test Treatment of Private Companies — Excluded Companies) Declaration 2001 (Cth)

Veterans' Entitlements (Means Test Treatment of Private Companies — Excluded Companies) Declaration 2001

The Repatriation Commission makes this Declaration under subsection 52ZZA (5) of the Veterans' Entitlements Act 1986.

Dated 10 August  2001

NEIL JOHNSTON
PRESIDENT IAN CAMPBELL DEPUTY PRESIDENT PAUL STEVENS
COMMISSIONER

Repatriation Commission

Part 1  Preliminary

1. Name of Declaration

This Declaration is the Veterans' Entitlements (Means Test Treatment of Private Companies — Excluded Companies) Declaration 2001.

1. Commencement

This Declaration commences on gazettal.

1. Purpose

This Declaration specifies a class of companies that are excluded companies for section 52ZZA of the Act.

1. Definitions

In this Declaration:

Act means the Veterans' Entitlements Act 1986.

community purpose means a purpose that is intended to benefit primarily the members of a particular community or group.

government body includes the following kinds of body:

(a)a department or agency of the Commonwealth;

(b)a department or agency of a State or Territory;

(c)a municipal corporation or other local government body;

(d)a body corporate in which the Commonwealth, a State or a Territory body holds a controlling interest.

income means income within the ordinary meaning of that expression.

indigenous-held land has the same meaning as in section 4B of the Aboriginal and Torres Strait Islander Commission Act 1989.

Part 2  Specified class of companies

1. Companies with community purpose are excluded companies

(1)Each company that meets the requirements in subsection (2) is an excluded company for section 52ZZA of the Act.

(2)The company must have the sole or dominant purpose of receiving, managing and distributing:

(a)property transferred directly to it, or to it through an interposed entity, by a government body for a community purpose; or

(b)income generated from the use of indigenous-held land.