Veterans’ Entitlements Amendment (2005 Budget Measure) Act 2005
No. 85, 2005
An Act to amend the law relating to veterans’ entitlements, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Seniors concession allowance
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Amendment (2005 Budget Measure) Act 2005
No. 85, 2005
An Act to amend the law relating to veterans’ entitlements, and for related purposes
[Assented to 6 July 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Veterans’ Entitlements Amendment (2005 Budget Measure) Act 2005.
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 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 6 July 2005 |
2. Schedule 1, item 1 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
3. Schedule 1, items 2 to 4 | Immediately after the provision(s) covered by table item 2. | 6 July 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Seniors concession allowance
Veterans’ Entitlements Act 1986
1 Section 118PA
Before “A”, insert “(1)”.
2 Subparagraph 118PA(1)(b)(iii)
Omit “Australia.”, substitute “Australia; or”.
3 At the end of subsection 118PA(1)
Add:
(c) the person is covered by subsection (2) and is in Australia; or
(d) all of the following apply to the person:
(i) the person is temporarily absent from Australia;
(ii) the person has been so for a continuous period not exceeding 13 weeks;
(iii) the person was covered by subsection (2) immediately before leaving Australia.
4 At the end of section 118PA
Add:
(2) A person is covered by this subsection if:
(a) the person is the holder of a gold card; and
(b) the person has reached qualifying age (within the meaning of section 118OA); and
(c) all of the following conditions are satisfied in relation to the person:
(i) the person is not eligible for seniors concession allowance under paragraph (1)(a) or (b);
(ii) the person is not qualified for seniors concession allowance under the Social Security Act;
(iii) the person is not eligible for utilities allowance under this Act;
(iv) the person is not qualified for utilities allowance under the Social Security Act.
(3) In this section:
gold card means a card known as the Repatriation Health Card ‑ For All Conditions that evidences a person’s eligibility, under this Act or the Military Rehabilitation and Compensation Act 2004, to be provided with treatment for all injuries or diseases.
[Minister’s second reading speech made in—
House of Representatives on 1 June 2005
Senate on 16 June 2005]
Overview
The Veterans' Entitlements Amendment (2005 Budget Measure) Act 2005 was enacted by the Parliament of Australia to address certain gaps and issues within the existing veterans' entitlements framework. This Act amends the Veterans' Entitlements Act 1986 to modify the criteria for the seniors concession allowance, ensuring that eligible veterans receive appropriate support. The policy objective behind this legislation is to enhance the welfare of veterans by ensuring they are adequately compensated for their service, particularly in relation to healthcare and financial support. The amendments took effect on 6 July 2005, the date the Act received Royal Assent, thereby bringing immediate changes to the eligibility criteria for the concession allowance as specified in the Veterans' Entitlements Act 1986.
Scope and Application
The Veterans’ Entitlements Amendment (2005 Budget Measure) Act 2005 is an Act of the Parliament of Australia that amends the Veterans’ Entitlements Act 1986. This Act applies to veterans who are eligible for certain allowances under the Veterans’ Entitlements Act 1986. Specifically, it modifies the eligibility criteria for the seniors concession allowance by introducing new conditions and expanding the scope of who can qualify for this allowance. The Act is designed to provide more comprehensive support to veterans by ensuring that those who meet certain criteria can access the seniors concession allowance, even if they are temporarily absent from Australia or if they hold a Repatriation Health Card – For All Conditions (gold card). The Act applies across the Commonwealth of Australia and does not specify any exclusions or exemptions beyond those already outlined in the Veterans’ Entitlements Act 1986. The application of this Act may be further refined or expanded through subordinate instruments, but these are not specified in the text provided.
Key Provisions
The Veterans’ Entitlements Amendment (2005 Budget Measure) Act 2005 amends the Veterans' Entitlements Act 1986 to alter provisions regarding seniors concession allowance. Specifically, the Act modifies section 118PA of the Veterans' Entitlements Act 1986 to expand eligibility criteria for the seniors concession allowance. The key changes are detailed in Schedule 1 of the amending Act. Under the original provision, the seniors concession allowance was available to veterans who met certain conditions, such as being in Australia and not eligible for other concessions. The amendments introduce new conditions that allow the allowance to be provided to veterans who are temporarily absent from Australia for up to 13 weeks, provided they were eligible for the allowance before their absence. Additionally, the new conditions include eligibility for veterans who hold a gold card and meet specific criteria, such as not being eligible for other concessions under the Social Security Act.
The Veterans’ Entitlements Amendment (2005 Budget Measure) Act 2005 imposes obligations on the parties involved, primarily the Department of Veterans' Affairs, which administers the concessions. The Department must ensure that veterans who meet the new eligibility criteria are identified and provided with the seniors concession allowance. This involves verifying the veteran's status, including their temporary absence from Australia and their eligibility under the gold card provisions. The Department must also maintain records of these assessments and ensure that the allowance is disbursed in accordance with the new provisions. Additionally, the Department must update its systems and processes to reflect the changes in the eligibility criteria, ensuring that all relevant staff are informed of the new requirements.
Breaches of the provisions in the Veterans’ Entitlements Amendment (2005 Budget Measure) Act 2005, particularly in relation to the administration of the seniors concession allowance, may result in penalties. While the Act does not explicitly state penalties for non-compliance, breaches of the Veterans' Entitlements Act 1986, which is amended by this Act, could result in civil or criminal consequences. For instance, knowingly providing incorrect information to the Department of Veterans' Affairs could be considered a breach of the Act, potentially leading to legal action. The penalties for such breaches can vary, but they may include fines or imprisonment, depending on the severity and intent behind the breach. The specifics of the penalties are governed by other relevant legislation, such as the Commonwealth Criminal Code, which outlines the potential sanctions for various offences.