Veterans’ Affairs Legislation Amendment Act 1992
No. 70 of 1992
TABLE OF PROVISIONS
PART 1-PRELIMINARY
Section | |
1. | Short title |
2. | Commencement |
PART 2—AMENDMENTS OF THE DEFENCE SERVICE HOMES ACT 1918
3. | Principal Act |
4. | Interpretation |
5. | Regular Serviceman |
6. | Election to surrender eligible status |
7. | Insertion of new section: |
| 4BB. Revocation of election to surrender eligible status |
8. | Criteria for issue of certificate of entitlement: advances other than widow or widower advances and advances for essential repairs |
9. | Maximum amounts for which subsidy is payable |
10. | Defence Service Homes Insurance Trust Account |
11. | Certain provisions of agreement not to be revoked or amended |
PART 3—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
Division 1—Preliminary
Division 2—Telephone allowance
13. | Insertion of new Part: |
TABLE OF PROVISIONS—continued
Section | |
| PART IIIA—TELEPHONE ALLOWANCE |
| 33A. Eligibility for telephone allowance |
| 33B. Telephone allowance not payable in some circumstances |
| 33C. Rate of telephone allowance |
| 33D. Payment by instalments |
| 33E. Calculation of amount of instalment |
| 33F. Adjustment of telephone allowance |
| Division 3—Attendant allowance |
14. | Allowance for attendant |
| Division 4—Nomination of bank account etc. |
15. | Payment of pensions |
16. | Pension or allowance may be paid to bank etc. |
| Division 5—Automatic payment of pension |
17. | Insertion of new section: |
| 25A. Certain dependants to be automatically paid pension |
18. | Claim for a pension |
| PART 4—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986 |
| Division 1—Preliminary |
19. | Principal Act |
| Division 2—Telephone allowance |
20. | Insertion of new Part: |
| PART VIIB—TELEPHONE ALLOWANCE |
| Division 1—Eligibility for and payability of telephone allowance |
| 118Q. Eligibility for telephone allowance |
| 118R. Telephone allowance not payable in some circumstances |
| Division 2—Rate of telephone allowance |
| 118S. Rate of telephone allowance |
| Division 3—Payment of telephone allowance |
| 118T. Payment by instalments |
| 118U. Calculation of amount of instalment |
21. | Insertion of new section: |
| 198F. Indexation of telephone allowance |
| Division 3—Veterans’ Review Board |
22. | Parties to review before Board |
23. | Procedure of Board |
24. | Insertion of new sections: |
| 155AA. Power to dismiss application—initial consideration |
| 155AB. Power to dismiss application—subsequent consideration |
25. | Application of sections 155AA and 155AB |
TABLE OF PROVISIONS—continued
Section | |
26. | Insertion of new section: |
| 155AC. Representation of applicant where outcome could be dismissal of application |
27. | Application of section 155AC |
28. | Review by Administrative Appeals Tribunal |
29. | Saving and transitional |
30. | Delegation |
| Division 4—Cambodia service |
31. | War and operational area related definitions |
32. | Qualifying service |
33. | Schedule 2 |
| Division 5—Automatic payment of pension and funeral benefit |
34. | Insertion of new section: |
| 13A. Certain dependants to be automatically paid pension |
35. | Claim for a pension |
36. | Funeral benefits—veterans |
37. | Insertion of new section: |
| 99A. Funeral benefits paid to estate of certain deceased veterans |
| Division 6—Assets test (primary production assets) |
38. | Assets test definitions |
39. | Effect of charge or encumbrance on value of assets |
40. | Insertion of new section: |
| 52CA. Effect of certain liabilities on value of assets used… |
Overview
The Veterans' Affairs Legislation Amendment Act 1992 (C2004A04361) was enacted by the Parliament of Australia to amend the law relating to veterans' affairs and address certain gaps and issues within existing legislation. The Act makes amendments to various Acts, including the Defence Service Homes Act 1918, Seamen's War Pensions and Allowances Act 1940, Veterans' Entitlements Act 1986, and the Veterans' Entitlements (Rewrite) Transition Act 1991. The policy objective of this Act is to improve the administration and management of veterans' affairs, including the provision of benefits, pensions, and allowances to eligible veterans and their dependants.
Scope and Application
The Veterans’ Affairs Legislation Amendment Act 1992 applies to veterans and their dependants, along with their families, who are eligible for benefits or pensions under the Defence Service Homes Act 1918, the Seamen’s War Pensions and Allowances Act 1940, and the Veterans’ Entitlements Act 1986. The Act aims to amend the existing laws to provide a comprehensive framework for administering veterans' affairs in Australia. It introduces new provisions, modifies existing ones, and repeals certain outdated sections to ensure that the legislation remains relevant and effective in addressing the needs of veterans and their families. The Act extends to all states and territories of Australia, as it is a Commonwealth Act. However, it does not explicitly state any exclusions or thresholds, meaning that all eligible veterans and their dependants within the defined scope are subject to the provisions of the Act. The Act also extends its application through subordinate instruments, such as regulations and guidelines, which may provide further details on the implementation and administration of the amended laws.
Key Provisions
- The Veterans’ Affairs Legislation Amendment Act 1992 makes several amendments to existing legislation relating to veterans’ affairs. Key provisions include changes to the Defence Service Homes Act 1918, Seamen’s War Pensions and Allowances Act 1940, and the Veterans’ Entitlements Act 1986. The Act also amends the Veterans’ Entitlements (Rewrite) Transition Act 1991 and the National Health Act 1953.
- The Act introduces new sections and modifies existing ones to adjust the eligibility criteria for certain pensions and allowances, including telephone allowances for service pensioners and Australian mariners. It also establishes new procedures for the Veterans’ Review Board, allowing for the dismissal of applications if applicants do not provide necessary statements within specified timeframes. Additionally, the Act revises the definition of "primary production assets" and modifies the assets test to better accommodate veterans involved in primary production activities.
- Pensions and allowances are subject to new conditions, such as the automatic payment of pensions to certain dependants without the need for a claim. The Act also introduces new definitions and criteria for "special residences" and "special residents," impacting how assets and liabilities are assessed for pension eligibility.
- Offences and penalties are not explicitly detailed in the Act, but non-compliance with the new provisions could lead to administrative consequences, such as the cancellation or suspension of pensions, as outlined in the amended sections of the Veterans’ Entitlements Act 1986. For instance, failure to comply with notices under section 54A could result in the cancellation or suspension of a pension under sections 56E or 56EA. These administrative penalties are intended to ensure compliance with the new legislative requirements and to maintain the integrity of the veterans' benefits system.
- Area of Law
- Veterans’ Affairs
- Social Security
- Pensions
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Civil Penalty Provisions
