Veterans' Entitlements Income Exempt Lump Sum Determination No. 1 of 2002

Overview

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 1 of 2002 is a legislative instrument enacted to address the need for defining certain lump sum payments as exempt from income assessment under the Veterans’ Entitlements Act 1986. This instrument was introduced to provide clarity and legal framework for the specific situation where licence holders in New South Wales were compensated by the Department of New South Wales Fisheries for being excluded from commercial fishing in protected areas. The objective, as stated in the text, is to ensure that these payments are recognised as exempt lump sums for the purposes of veterans' entitlements, thereby not affecting the income support received by veterans. Enacted by Roger Winzenberg, a delegate of the Repatriation Commission, this determination came into effect on the date it was signed, providing a structured approach to handling the compensation payments in a way that aligns with existing legislative provisions.

Scope and Application

The Veterans’ Entitlements Income Exempt Lump Sum Determination No. 1 of 2002 applies to the specified amounts or classes of amounts paid by the Department of New South Wales Fisheries to licence holders who have been excluded from commercial fishing in certain protected areas within New South Wales. This determination classifies such payments as exempt lump sums under the Veterans’ Entitlements Act 1986, thereby excluding them from the income assessment for veterans' entitlements. This legislative instrument operates within the jurisdiction of the Commonwealth of Australia and is specifically targeted at individuals who hold a fishing licence under the Fisheries Management Act 1994 and the Fisheries Management (General) Regulations 1995, both of which are NSW statutes. The geographic reach of this determination is limited to New South Wales, where the protected fishing areas are located. The determination does not extend to any other states or territories, nor does it apply to any other types of payments or circumstances outside the scope specified. The application of this legislation can be extended or modified through subordinate instruments, although no such extensions or modifications are mentioned in this particular determination.

Key Provisions

The Veterans' Entitlements Income Exempt Lump Sum Determination No. 1 of 2002, signed by Roger Winzenberg, the delegate of the Repatriation Commission, specifies the amounts that are exempt lump sums under paragraph 5H(12)(c) of the Veterans' Entitlements Act 1986. These amounts are defined in Part 2 of the attached Schedule, which outlines the specific payments made by the Department of New South Wales Fisheries to licence holders. These payments are intended to compensate licence holders for being excluded from commercial fishing in designated protected areas within New South Wales. Under the Act, the obligations imposed on parties include the requirement for the Department of New South Wales Fisheries to establish protected areas within New South Wales where commercial fishing is prohibited. Licence holders affected by these exclusions are entitled to compensation, which is provided in the form of ex gratia lump sum payments. These payments are made under a deed of arrangement, ensuring that the compensation is clearly defined and legally binding. There are no explicit offences, penalties, or civil/criminal consequences detailed in the text for breaches of this Determination. However, any failure to comply with the terms of the deed of arrangement or the payment process could potentially lead to legal disputes or claims by affected licence holders. The lack of specific penalties in the text suggests that the primary recourse would be through the courts to enforce the terms of the deed of arrangement. The determination focuses primarily on clarifying the nature of the lump sum payments as exempt under the Veterans’ Entitlements Act 1986.