Veterans' Entitlements Income Exempt Lump Sum Determination No. 2 of 2003

Commonwealth of Australia

VETERANS’ ENTITLEMENT ACT 1986

Veterans’ Entitlements Income Exempt Lump Sum

Determination No. 2 of 2003

I, ROBERT TURNER, Acting Branch Head, Income Support Branch and delegate of the Repatriation Commission, hereby determine the “amount or one of a class of amounts” specified in Part 2 of the attached Schedule to this instrument to be an “exempt lump sum” in accordance with paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

Dated this 25th day of March 2003

ROBERT TURNER

Delegate

Veterans’ Entitlements Income Exempt Lump Sum

Determination No.2 of 2003

Schedule

Part 1:  Preliminary and Interpretation

1.1                                      NAME OF DETERMINATION

This determination is the Veterans’ Entitlements Income Exempt Lump Sum Determination No. 2 of 2003

1.2                                      COMMENCEMENT

This determination commences on the date it is signed.

1.3                                      DEFINITIONS

In this determination:

“Act” means the Veterans’ Entitlements Act 1986

“Queensland Government Indigenous Wages and Savings Reparations Process” means a process by the Queensland Government to offer monetary compensation to certain individual Aboriginal and Torres Strait Islander (and any other) persons whose wages and salaries were controlled under a Queensland Government legislative regime known as the Protection Acts during the period 1897 and 1965.

PART 2: Exempt Lump Sums

2.1                                      Amount or Class of Amounts

(1)                                       Paragraph 5H(12)(c) of the Act provides that an amount, or class of amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.

Reparation payment

(2)                                       If:

(a)               a person accepts a reparation payment made by the Queensland Department of Aboriginal and Torres Strait Islander Policy; and

(b)               the payment is made, or has been made, under the Queensland Government Indigenous Wages and Savings Reparations Process to the person;

then, subject to clause 2.2:

(c)               the payment is an exempt lump sum

2.2                                      Application- Exempt Lump Sums

It is appropriate to determine that an amount, or class of amounts paid, to a person under the Queensland Government Indigenous Wages and Savings Reparations Process is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the Act from the date that the payment is made.