Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2022
No. 72, 2022
An Act to amend the law relating to veterans’ entitlements, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments to increase rate of certain pensions
Veterans’ Entitlements Act 1986
Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2022
No. 72, 2022
An Act to amend the law relating to veterans’ entitlements, and for related purposes
[Assented to 30 November 2022]
The Parliament of Australia enacts:
1 Short title
This Act is the Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2022.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The later of: (a) 1 January 2023; and (b) the day after this Act receives the Royal Assent. | 1 January 2023 (paragraph (a) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments to increase rate of certain pensions
Veterans’ Entitlements Act 1986
1 Subsection 24(4)
Omit “$919.40”, substitute “$1,595.66”.
2 Application of amendment
The amendment made by this Schedule applies in relation to working out, in respect of days occurring on or after 1 January 2023:
(a) the rate at which pension is payable under subsection 24(4) of the Veterans’ Entitlements Act 1986; or
(b) the rate of any other pension, or the amount of any other payment, that is worked out by reference to that subsection under a law of the Commonwealth.
[Minister’s second reading speech made in—
House of Representatives on 26 October 2022
Senate on 21 November 2022]
Overview
The Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2022 was enacted by the Parliament of Australia to address the need for budget measures concerning veterans' entitlements. This Act amends the Veterans’ Entitlements Act 1986 to increase the rate of certain pensions. The objective of the Act is to ensure that veterans receive appropriate financial support in recognition of their service. The Act received Royal Assent on 30 November 2022 and commenced on 1 January 2023. This amendment applies to pensions and other payments calculated from 1 January 2023 onwards, reflecting a commitment to enhancing the financial well-being of veterans.
Scope and Application
The Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2022 amends the Veterans’ Entitlements Act 1986 to increase the rate of certain pensions for veterans. This Act applies to individuals who are recipients of pensions or payments under the Veterans’ Entitlements Act 1986, and any other payments that are determined by reference to the rates specified in that Act. The legislative changes apply nationwide across Australia as it is a Commonwealth Act, affecting all states and territories uniformly. The Act does not specify any exclusions, exemptions, or thresholds within its primary text but may include such details in subordinate instruments. The specified amendments to pension rates commence on 1 January 2023, which is the later of the date of Royal Assent or the start of the new year, as outlined in the commencement provisions of the Act. This Act does not extend or restrict its application through subordinate instruments beyond what is specified in its primary text.
Key Provisions
The Veterans' Affairs Legislation Amendment (Budget Measures) Act 2022, primarily through its Schedule 1, amends the Veterans' Entitlements Act 1986 to increase the rate of certain pensions (section 1). Specifically, subsection 24(4) of the Veterans' Entitlements Act 1986 is amended to change the weekly pension rate from $919.40 to $1,595.66 (Schedule 1, item 1). This amendment applies to pension calculations for days occurring on or after 1 January 2023 (Schedule 1, item 2).
The Act imposes obligations on relevant authorities to ensure that the amended pension rates are correctly applied in all relevant calculations and payments from the specified commencement date. This includes updating any systems and processes that calculate or disburse veterans' pensions to reflect the new rates. Additionally, the Act requires that any other pensions or payments calculated in reference to the amended rate must also be adjusted accordingly.
Breach of the provisions of this Act could result in legal consequences. While the Act itself does not explicitly detail specific offences, penalties, or consequences for non-compliance, it is likely that failing to apply the correct pension rates as mandated could lead to civil or administrative penalties under other relevant legislation. The severity of such penalties would depend on the context and the specific laws under which the breach is prosecuted.