EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Section 25A Instructions
EMPOWERING PROVISION
Subsection 25A(2) of the Veterans' Entitlements Act 1986
PURPOSE
To establish an actuarial procedure for converting compensation a relevant person receives under certain provisions of the
Safety, Rehabilitation and Compensation Act 1988 to a fortnightly amount in order to facilitate the deduction of that amount from fortnightly compensation payments the person receives under Parts II and IV of the Veteran's Entitlements Act 1986 (VEA).
RETROSPECTIVITY
The attached instrument applies to all matters to which s.25A of the VEA first applies on and after the date of the instrument ( 17 January 2006) ie before it was registered on the Federal Register of Legislative Instruments.
Subsection 12(2) of the Legislative Instruments Act 2003 provides (as paraphrased) that retrospective legislative instruments that negatively affect citizens are of no effect. The attached instrument does not fall within this prohibition because it does not disadvantage any person or impose liabilities on any person.
CONSULTATION
The Rule-Maker (Australian Government Actuary) decided that consultation in respect of the attached instrument was not necessary because the instrument was of a minor or machinery nature and did not substantially alter existing arrangements (Note paragraph 18(2)(a) of the Legislative Instruments Act 2003).
DOCUMENTS INCORPORATED BY REFERENCE
Under s.4 of the Legislative Instruments Act 2003 an Explanatory Statement is required to, among other things, describe any documents incorporated-by-reference in the instrument and indicate how they may be obtained.
The attached instrument incorporates certain provisions of the Safety, Rehabilitation and Compensation Act 1988. This statute is available on the Internet at the following site:
http://www.frli.gov.au/ComLaw/Legislation/ActCompilation1.nsf/current/bytitle/ECB81EA02C089ACDCA2570F100803159?OpenDocument&mostrecent=1