EXPLANATORY STATEMENT
Minute No. 10 of 1986 - Minister for Veterans’ Affairs
Subject - Veterans’ Entitlements Act 1986
Veterans’ Entitlements Regulations (Amendment)
1986 No. 202
Section 216 of the Veterans’ Entitlements Act 1986 (Act No. 21, Assented to 19 May 1986) (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
These regulations provide for the correction of an error in the existing Veterans’ Entitlements Regulations (the regulations) and for increases in the rates of travelling expenses payable in accordance with sections 110 and 132 of the Act.
Details of the regulations are set out below.
Regulation 1 - Commencement
Regulation 1 provides that the regulations came into effect on 1 August 1986. In relation to regulation 3, which increases rates of travelling expenses, a commencement date of 1 August 1986 provides for administrative simplicity in implementing the increased rates and will save confusion in the ex-service community.
Regulation 2 - Exempt class of persons for the purposes of sub-section 84(6) of the Act
Sections 87 and 88 of the Act enable the Repatriation Commission to provide treatment, at Repatriation hospitals and institutions, to veterans who are not otherwise entitled to treatment under the Act or to members of the general community, subject to spare capacity in those hospitals or institutions.
Sub-section 84(6) of the Act provides that charges may be levied on a person, other than a person included in a prescribed class of persons, who is provided with treatment under section 87 or 88 of the Act.
Regulation 5 declares two classes of persons to be exempt from charges under sub-section 84(6) of the Act in respect of treatment provided under section 87 or 88 of the Act.
Regulation 2 amends regulation 5 to correct a drafting error. Regulation 5 had refered to sub-section 84(7) of the Act. Sub-clause 84(7) of the Veterans’ Entitlements Bill was deleted during Parliamentary debate on the Bill and the general effect of sub-clauses 84(6) and (7) combined into the one sub-section - sub-section 84(6).
Regulation 2 deletes the reference to sub-section 84(7) of the Act and substitutes a reference to sub-section 84(6).
Regulation 3 - Travelling expenses under section 110 and 132 of the Act
Sections 110 and 132 of the Act provide for the payment of such travelling expenses as are prescribed, subject to the provisions of those sections of the Act and such other conditions as are prescribed. Travelling expenses are payable where a Veteran is required to travel for the purpose of obtaining treatment or for the investigation of
or consideration of a claim or application for a pension, benefit or allowance. Existing regulation 9 specifies the rates of travelling expenses and the conditions subject to which travelling expenses are payable.
Regulation 3 amends sub-regulations 9(7), (8) and (10) substituting new higher rates of travelling expenses that will be met where travel is undertaken in accordance with sections 110 and 132 of the Act.
Paragraph 3(a) increases the amount deemed to be the cost of transport by private motor vehicle from 11.16 cents per kilometre to 12.28 cents per kilometre; paragraph 3(b) provides for an increase in the maximum amount payable in respect of commercial accommodation from $40 each night to $43 each night; paragraph 3(c) provides for an increase in the amount payable for breakfast and lunch from $5 to $5.50; and paragraph 3(d) provides for an increase in the amount payable for dinner from $12 to $13.
| Authority: | Section 216 of the Veterans’ Entitlements Act 1986 |
|