Veterans' Entitlements (Special Disability Trust) Amendment Guideline 2015 (Cth)

Veterans’ Entitlements (Special Disability Trust) Amendment Guideline 2015

Instrument 2015 No. R70

The Repatriation Commission makes this Guideline under subsection 52ZZZWH(4) of the Veterans’ Entitlements Act 1986.

Dated this 1^ST day of October 2015

Simon Lewis     Major General Mark Kelly

………………………………………………………………………………………

SIMON LEWIS            MAJOR GENERAL MARK KELLY

  AO DSC

PRESIDENT                  COMMISSIONER

1. Name of guideline

   This guideline is the Veterans’ Entitlements (Special Disability Trust) Amendment Guideline 2015.

2. Commencement

   This guideline commences on the day after it is registered.

3              Amendment of the Veterans’ Entitlements (Special Disability Trust) Guidelines 2011

Schedule 1 amends the Veterans’ Entitlements (Special Disability Trust) Guidelines 2011.

Schedule 1        Amendment

(Section 3)

1. Part 3, section 3.2

   Add following subsection 3.2(2)

   (3)   Subject to subsection (4), the Commission may decide to give a waiver notice to the trustees of a trust in relation to a contravention of paragraph 52ZZZWE(1)(b) of the Actif satisfied:

   (a)   the contravention occurred as a result of court proceedings relating to the transferred asset; or

   (b)   the contravention occurred because:

   (i)         the transferor transferred the asset within the timeframe under paragraph 52ZZZWE(1)(b) to a trust intended to be a special disability trust (the first trust); and

   (ii)        the first trust is not a special disability trust because of a contravention of a requirement of Division 11B of Part IIIB of the Act; and

   (iii)       the asset is transferred by the transferor to a special disability trust.

   (4)   The Commission may decide to give a waiver notice to the trustees of a trust in the circumstances set out in subsection (3) if satisfied of the following matters:

   (a)   the contravention does not involve fraudulent conduct;

   (b)   the contravention in relation to the first trust does not involve fraudulent conduct;

   (c)   having regard to all the circumstances, including the nature of the contravention in relation to the first trust, the requirement should be waived.

   (5)   Sections 3.4 and 3.5 do not apply to this section.