Veterans' Affairs Legislation Amendment Act (No. 1) 1995

Legislation au C2004A04888 Not in force Act

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No. 35 of 1995

An Act to amend the law relating to veterans' affairs,
and for related purposes

[Assented to 12 April 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Veterans 'Affairs Legislation Amendment Act (No. 1) 1995.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Schedules

3.(1) The Acts specified in the Schedules to this Act are amended in accordance with the applicable items in the Schedules.

(2) Item 2 in Schedule 1 has effect according to its terms.

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SCHEDULE 1 Section 3

AMENDMENT OF THE SOCIAL SECURITY AND REPATRIATION LEGISLATION AMENDMENT ACT (NO. 2) 1984

1. Part VI:

Repeal the Part.

2. Commission free to use or dispose of Anzac Hostel

(1) In this item:

"Commission" means the Repatriation Commission continued in existence by section 179 of the Veterans' Entitlements Act 1986;

"Hostel" means the premises known as Anzac Hostel, located at North Road, Brighton, Victoria.

(2) On and from the commencement of this Act, the Commission:

(a) ceases to hold the Hostel on trust for any of the purposes for which the Commission was holding it immediately before this Part commenced; and

(b) is the sole legal and beneficial owner of the Hostel; and

____________

SCHEDULE 2 Section 3

AMENDMENTS OF THE VETERANS' ENTITLEMENTS
ACT 1986

PART 1—RECIPIENT OBLIGATIONS

1. After section 54A:

Insert:

Secretary may require recipient to give information, produce documents or appear before an officer

"54AA.(1) The Secretary may give to a person who is receiving a service pension, income support supplement, or benefits under Division 12 a notice requiring the person:

SCHEDULE 2—continued

(a) to provide the Department, or an officer specified in the notice, with information; or

(b) to produce to the Department, or an officer specified in the notice, documents in the custody or under the control of the person; or

relating to a matter that may affect the payment of the pension, supplement or the provision of the benefits.

"(2) A reference in subsection (1) to a person receiving a service pension or income support supplement includes a person to whom the whole or a part of the pension or supplement is being paid for the purpose of being applied for the benefit of the pensioner.

"(3) The Secretary may give to a person whose claim or application for a service pension or income support supplement is under consideration by the Commission or the Administrative Appeals Tribunal a notice requiring the person:

(a) to provide the Department, or an officer specified in the notice, with information; or

(b) to produce to the Department, or an officer specified in the notice, documents in the custody or under the control of the person; or

relating to the claim or application.

"(4) Subject to subsection (5), the notice:

(a) must be in writing; and

(b) may be given personally or by post; and

(i) when and how the person is to provide the information or produce the documents; or

(ii) when and where the person is to appear before the officer.

"(5) The person must not be required to provide the information, produce the documents or appear to answer questions within a period of less than 14 days after the notice is given.

"(6) The Secretary may require the person to give or verify the information or answers:

(a) on oath or affirmation; and

(b) either orally or in writing.

SCHEDULE 2—continued

The Secretary or specified officer may administer an oath or affirmation to the person.

"(7) The person must not refuse or fail to comply with the notice to the extent that the person is capable of complying with it. Penalty: Imprisonment for 6 months.

"(8) The person must not, in purporting to comply with the notice, knowingly give information that is false or misleading in a material particular.

Penalty: Imprisonment for 12 months.".

2. Paragraph 56EA(1)(a):

After "54A" insert "or 54AA".

3. Subsection 56H(4):

After "54A(6)" insert ", 54AA(7)".

PART 2—TAX FILE NUMBERS

4. Subsections 128A(2), (2A), (3) and (3A):

Omit the subsections, substitute:

"(2) An income payment, or an allowance under a scheme within the meaning of Part VII, that a person (the 'eligible person') is eligible to receive is not to be paid to the person if the person fails to comply with the request in subsection (3) or (3A) (whichever applies).

"(3) If an eligible person is in Australia, the Secretary may request but not compel the person:

(a) if the person has a tax file number—to give the Secretary a written statement of the person's tax file number; or

(b) if the person does not have a tax file number:

(i) to apply to the Commissioner of Taxation for a tax file number; and

(ii) to give the Secretary a written statement of the person's tax file number after the Commissioner has issued it.

"(3A) If an eligible person has a partner or non-illness separated spouse and the partner or spouse is in Australia, the Secretary may request but not compel the person:

(a) if the partner or spouse has a tax file number—to give the Secretary a written statement of the partner's or spouse's tax file number; or

SCHEDULE 2—continued

(b) if the partner or spouse does not have a tax file number—to give the Secretary a written statement of the partner's or spouse's tax file number after the Commissioner of Taxation has issued it.".

5. Subsection 128A(3B):

Omit "(2) or (3)" (wherever occurring), substitute "(3) or (3A)".

6. Subsection 128A(3B):

Omit "requirement", substitute "request".

7. Subsection 128A(3C):

Omit "(2) or (3)" (wherever occurring), substitute "(3) or (3A)".

8. Subsection 128A(4):

Omit "Subsection (2) or (3) is satisfied in relation to a person's tax file number", substitute "The request in subsection (3) or (3A) (whichever applies) in relation to a person's tax file number is satisfied".

9. Subparagraph 128A(4)(b)(ii):

Omit the subparagraph, substitute:

"(ii) that the person has applied for a tax file number; and".

10. Paragraph 128A(4)(f):

Omit the paragraph, substitute:

"(f) if subparagraph (b)(ii) applies—the Commissioner of Taxation has not told the Secretary that:

(i) the application for a tax file number has been withdrawn; or

(ii) the person has not applied for a tax file number.".

PART 3—DOCUMENTS AS EVIDENCE

11. After section 209:

Insert:

Judicial notice to be taken of certain matters

Judicial notice of signature

"210.(1) All courts must take judicial notice of a signature that purports to be attached or appended to any official document if it is the signature of a person who:

(a) holds or has held the office of Secretary; or

(b) is or was an officer of the Department.

SCHEDULE 2—continued

Judicial notice that person holds office

"(2) If the signature of a person referred to in subsection (1) purports to be attached or appended to any official document, all courts must take judicial notice of the fact that the person:

(a) holds or has held the office of Secretary; or

(b) is or was an officer of the Department.

Evidence

"210A.(1) If the signature of any person who:

(a) holds or has held the office of Secretary; or

(b) is or was an officer of the Department;

purports to be attached or appended to any official document, the document must be received in all courts as prima facie evidence of the facts and statements contained in it.

"(2) A statement in writing, signed by a person referred to in subsection (1), that a person is or was receiving a pension, allowance or other benefit under this Act on a certain date or at a certain rate must be received in all courts as prima facie evidence that the person is or was receiving the pension, allowance or benefit on the date or at the rate stated.".

PART 4—CESSATION DATE FOR CAMBODIA AS AN OPERATIONAL AREA

12. Schedule 2 (item 12—column 2):

After "1991" insert "to and including 7 October 1993".

PART 5—MISCELLANEOUS AMENDMENTS

13. Section 36JA (first occurring):

Renumber as section 36JE, reposition at the end of Subdivision B of Division 3 of Part III.

14. Section 37JA (first occurring):

Renumber as section 37JE, reposition at the end of Subdivision B of Division 4 of Part III.

15. Section 38JA (first occurring):

Renumber as section 38JE, reposition at the end of Subdivision B of Division 5 of Part III.

16. Section 39JA (first occurring):

Renumber as section 39JE, reposition at the end of Subdivision B of Division 6 of Part III.

[Minister's second reading speech made in—

Senate on 7 December 1994

House of Representatives on 28 March 1995]

Overview

The Veterans' Affairs Legislation Amendment Act (No. 1) 1995, enacted by the Parliament of Australia, was introduced to amend the law relating to veterans' affairs, addressing various gaps and issues within the existing legislative framework. This Act is a response to the need for updating and streamlining the administration of veterans' entitlements and related services. It includes changes such as the modification of the management and ownership of the Anzac Hostel, the introduction of new requirements for information and document production by recipients of veterans' benefits, and adjustments to the procedures for tax file number submissions. The policy objective of the Act is to enhance the efficiency and effectiveness of the administration of veterans' affairs, ensuring that the services and support provided to veterans are delivered in a manner that is both responsive and accountable. The Act also introduces amendments to the Veterans' Entitlements Act 1986, focusing on the obligations of recipients, the handling of tax file numbers, and the admissibility of certain documents in legal proceedings. By revising these areas, the Act aims to strengthen the oversight and verification processes, thereby improving the integrity of the veterans' benefits system. The comprehensive approach taken in this legislation reflects the Australian government's commitment to supporting veterans through a well-regulated and transparent system of entitlements and services.

Scope and Application

The Veterans' Affairs Legislation Amendment Act (No. 1) 1995 applies to veterans, their families, and other individuals who receive benefits or pensions under the Veterans' Entitlements Act 1986, as well as to the Repatriation Commission and the Department of Veterans' Affairs. This Act amends the Social Security and Repatriation Legislation Amendment Act (No. 2) 1984 and the Veterans' Entitlements Act 1986 to make significant changes to the administration of veterans' affairs. For instance, it grants the Repatriation Commission sole ownership and control over the Anzac Hostel in Brighton, Victoria, allowing it to use or dispose of the property as it sees fit. The Act also empowers the Secretary to require veterans or their representatives to provide information, documents, or attend interviews to verify eligibility for pensions or supplements, with failure to comply potentially resulting in imprisonment. Additionally, the Act modifies the procedures for tax file number submissions, making it mandatory for eligible individuals to provide their tax file numbers or apply for one if they do not have one. The Act applies nationally across Australia and does not specify any exclusions or exemptions, although its application may be extended or restricted through subordinate instruments.

Key Provisions

The Veterans' Affairs Legislation Amendment Act (No. 1) 1995 amends the Social Security and Repatriation Legislation Amendment Act (No. 2) 1984 and the Veterans' Entitlements Act 1986. Section 3 of the Act specifies that the listed Acts are amended in accordance with the items in Schedules 1 and 2. Schedule 1, item 2, provides that the Repatriation Commission ceases to hold the Anzac Hostel on trust and becomes the sole legal and beneficial owner of the Hostel, with the freedom to dispose of it as it sees fit. Schedule 2, Part 1, amends the Veterans' Entitlements Act 1986 by inserting a new section 54AA, which allows the Secretary to require recipients of certain pensions or benefits to provide information, produce documents, or appear before an officer for questioning, relating to matters that may affect their pension or benefit payments. These notices must be in writing and given at least 14 days before the required action. Failure to comply with these notices carries a penalty of imprisonment for six months, and knowingly providing false or misleading information carries a penalty of imprisonment for 12 months. The Act imposes several obligations on parties and entities it governs. Recipients of service pensions, income support supplements, or benefits under Division 12 of the Veterans' Entitlements Act 1986 must comply with notices issued by the Secretary, requiring them to provide information, produce documents, or appear before an officer for questioning. Eligible persons receiving income payments or allowances must comply with requests from the Secretary for tax file numbers, either by providing a written statement of their tax file number or by applying for one if they do not have one. Additionally, eligible persons with partners or non-illness separated spouses in Australia must comply with requests for their partners' or spouses' tax file numbers. The Act also outlines penalties and consequences for breaches. Failure to comply with a notice issued under section 54AA carries a penalty of imprisonment for six months. Additionally, knowingly providing false or misleading information in response to such a notice carries a penalty of imprisonment for 12 months. Failure to comply with a request for a tax file number results in the non-payment of income payments or allowances until the request is satisfied. These penalties and consequences serve to enforce compliance with the requirements of the Act and ensure the proper administration of veterans' affairs.

Area of Law: Veterans' Affairs
Instrument: Act
Concepts: Commencement Provisions; Offence Provisions; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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