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This is a Bill, not an Act. For current law, see the Acts databases.

VETERANS' AFFAIRS AND OTHER LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) BILL 2010

2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs and Other Legislation
Amendment (Miscellaneous Measures)
Bill 2010
No. , 2010
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' affairs and military rehabilitation and
compensation, and for other purposes
i Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010
No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Australian participants in British nuclear tests
3
Australian Participants in British Nuclear Tests (Treatment) Act 2006
3
Part 2--Payments for State Emergency Services
5
Defence Service Homes Act 1918
5
Part 3--Claims for travel expenses
6
Veterans' Entitlements Act 1986
6
Part 4--Giving of notices or other documents
7
Military Rehabilitation and Compensation Act 2004
7
Veterans' Entitlements Act 1986
7
Part 5--Aggravation etc. of war-caused or defence-caused
injury or disease
9
Veterans' Entitlements Act 1986
9
Part 6--Dependants of veterans who were prisoners of war
10
Veterans' Entitlements Act 1986
10
Part 7--Statements of Principles
11
Veterans' Entitlements Act 1986
11
Part 8--Other amendments
13
Military Rehabilitation and Compensation Act 2004
13
Social Security Act 1991
14
Veterans' Entitlements Act 1986
14
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 1
A Bill for an Act to amend the law relating to
1
veterans' affairs and military rehabilitation and
2
compensation, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Veterans' Affairs and Other
6
Legislation Amendment (Miscellaneous Measures) Act 2010.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010
No. , 2010
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 this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 41
The day this Act receives the Royal Assent.
3. Schedule 1,
items 42 to 44
The day after this Act receives the Royal
Assent.
4. Schedule 1,
items 45 to 48
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in Column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Australian participants in British nuclear tests Part 1
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 3
Schedule 1--Amendments
1
Part 1--Australian participants in British nuclear
2
tests
3
Australian Participants in British Nuclear Tests (Treatment)
4
Act 2006
5
1 Paragraph 5(3A)(b)
6
Omit "was, at that time, either", substitute "was at that time".
7
2 Subparagraph 5(3A)(b)(ii)
8
Omit "and", substitute "or".
9
3 At the end of paragraph 5(3A)(b)
10
Add:
11
(iii) a protective service officer, or a special protective
12
service officer, within the meaning of the Australian
13
Protective Service Act 1987; or
14
(iv) a protective service officer, or a special protective
15
service officer, in a Department of the Commonwealth;
16
and
17
4 Treatment before commencement but on or after 19 June
18
2006
19
(1)
The Repatriation Commission may approve, under subsection 13(1) of
20
the Australian Participants in British Nuclear Tests (Treatment) Act
21
2006, treatment for a person that was provided before the
22
commencement of this item but on or after 19 June 2006 if:
23
(a) the person makes a claim under that Act within 6 months
24
after that commencement for a determination that the person
25
is an eligible person; and
26
(b) the Commission determines under that Act that the person is
27
an eligible person because of subparagraph 5(3A)(b)(iii) or
28
(iv) of that Act (as inserted by this Part).
29
(2)
This item has effect despite subsection 13(2) of that Act.
30
Schedule 1 Amendments
Part 1 Australian participants in British nuclear tests
4 Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010
No. , 2010
5 Expenses of travel before commencement but on or after
1
19 June 2006
2
(1)
This item applies to travel undertaken before the commencement of this
3
item but on or after 19 June 2006 for the purpose of:
4
(a) obtaining treatment for a person who:
5
(i) makes a claim under the Australian Participants in
6
British Nuclear Tests (Treatment) Act 2006 within 6
7
months after that commencement for a determination
8
that the person is an eligible person; and
9
(ii) is determined by the Commission under that Act to be
10
an eligible person because of subparagraph 5(3A)(b)(iii)
11
or (iv) of that Act (as inserted by this Part); or
12
(b) accompanying a person described in paragraph (a) travelling
13
for the purpose described in that paragraph as his or her
14
attendant.
15
(2)
If a claim for a determination of entitlement to be paid travelling
16
expenses in connection with the travel is made under that Act
17
(disregarding subsection 21(2) of that Act) within 6 months after the
18
commencement of this item, the Repatriation Commission may:
19
(a) approve or authorise the travel, for the purposes of section 19
20
of that Act; and
21
(b) determine the claim under that Act.
22
23
Amendments Schedule 1
Payments for State Emergency Services Part 2
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 5
Part 2--Payments for State Emergency Services
1
Defence Service Homes Act 1918
2
6 After section 38G
3
Insert:
4
38GA Payments for State Emergency Services
5
(1) Where under a law of a State a person carrying on in that State the
6
business of insuring against the risk of loss of, or damage to,
7
property is liable to make payments to the State, or to an authority
8
of the State, to assist in meeting the cost of the State Emergency
9
Service of the State, the Commonwealth may make payments to
10
the State, or authority, for that purpose.
11
(2) The amount of a payment under this section must not be more than
12
the amount that the Commonwealth would be liable to pay under
13
the law of the State if the law applied to the Commonwealth.
14
7 Subparagraph 40(4)(a)(ii)
15
After "section 38G", insert "or 38GA".
16
17
Schedule 1 Amendments
Part 3 Claims for travel expenses
6 Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010
No. , 2010
Part 3--Claims for travel expenses
1
Veterans' Entitlements Act 1986
2
8 Paragraph 132(11)(e)
3
Repeal the paragraph, substitute:
4
(e) must be made within:
5
(i) 12 months after the completion of that travel; or
6
(ii) if the Commission thinks that there are exceptional
7
circumstances that justify extending that period--such
8
further period as the Commission allows.
9
9 Paragraph 170B(5)(b)
10
Repeal the paragraph, substitute:
11
(b) be made within:
12
(i) 12 months after the completion of the travel; or
13
(ii) if the Commission thinks that there are exceptional
14
circumstances that justify extending that period--such
15
further period as the Commission allows; and
16
10 Paragraph 196ZO(5)(b)
17
Repeal the paragraph, substitute:
18
(b)
made
within:
19
(i) 12 months after the completion of the travel; or
20
(ii) if the Commission thinks that there are exceptional
21
circumstances that justify extending that period--such
22
further period as the Commission allows; and
23
11 Application
24
The amendments made by this Part apply in relation to travel completed
25
on or after the commencement of this item (regardless of whether the
26
travel commenced before, on or after that commencement).
27
28
Amendments Schedule 1
Giving of notices or other documents Part 4
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 7
Part 4--Giving of notices or other documents
1
Military Rehabilitation and Compensation Act 2004
2
12 After section 408
3
Insert:
4
408A Manner of giving notice or other document
5
(1) If a provision of this Act requires or permits a notice or other
6
document to be given to a person by:
7
(a) the Commission; or
8
(b) the Board; or
9
(c) the person's service chief;
10
then the notice or other document must be given:
11
(d) in accordance with section 28A of the Acts Interpretation Act
12
1901; or
13
(e) in a manner approved in writing by:
14
(i) in relation to paragraph (a)--the Commission; or
15
(ii) in relation to paragraph (b)--the Principal Member of
16
the Board; or
17
(iii) in relation to paragraph (c)--the person's service chief.
18
(2) This section does not limit the Electronic Transactions Act 1999.
19
Veterans' Entitlements Act 1986
20
13 After section 129
21
Insert:
22
129A Manner of giving notice or other document
23
(1)
If:
24
(a) a provision of this Act requires or permits a notice or other
25
document to be given to a person by:
26
(i) the Secretary, the Department, an officer of the
27
Department or the Commission; or
28
(ii) the Board; or
29
Schedule 1 Amendments
Part 4 Giving of notices or other documents
8 Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010
No. , 2010
(iii) the Repatriation Medical Authority; or
1
(iv) the Review Council; and
2
(b) the provision does not specify how the notice or other
3
document is to be given;
4
then the notice or other document must be given:
5
(c) in accordance with section 28A of the Acts Interpretation Act
6
1901; or
7
(d) in a manner approved in writing by:
8
(i) in relation to subparagraph (a)(i)--the Commission; or
9
(ii) in relation to subparagraph (a)(ii)--the Principal
10
Member of the Board; or
11
(iii) in relation to subparagraph (a)(iii)--the Chairperson of
12
the Repatriation Medical Authority; or
13
(iv) in relation to subparagraph (a)(iv)--the Convener of the
14
Review Council.
15
(2) This section does not limit the Electronic Transactions Act 1999.
16
14 Application
17
The amendments made by this Part apply in relation to notices or other
18
documents given on or after the commencement of this item.
19
20
Amendments Schedule 1
Aggravation etc. of war-caused or defence-caused injury or disease Part 5
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 9
Part 5--Aggravation etc. of war-caused or
1
defence-caused injury or disease
2
Veterans' Entitlements Act 1986
3
15 Subsection 9A(2)
4
Omit "An injury or disease of a veteran that has been aggravated, or
5
materially contributed to, by service is taken not to be war-caused if",
6
substitute "If an injury or disease of a veteran has been aggravated, or
7
materially contributed to, by service, the aggravation or material
8
contribution is taken not to be war-caused if".
9
16 Paragraph 9A(2)(a)
10
After "after the", insert "MRCA".
11
17 Subsection 9A(2) (note)
12
Omit "Note", substitute "Note 1".
13
18 At the end of subsection 9A(2)
14
Add:
15
Note 2:
Compensation remains payable under this Act for the original injury
16
or original disease.
17
19 Subsection 70A(2)
18
Omit "An injury or disease of a member of the Forces, or any other
19
member or former member of the Defence Force, that has been
20
aggravated, or materially contributed to, by service is taken not to be
21
defence-caused if", substitute "If an injury or disease of a member of
22
the Forces, or any other member or former member of the Defence
23
Force, has been aggravated, or materially contributed to, by service, the
24
aggravation or material contribution is taken not to be defence-caused
25
if".
26
20 Subsection 70A(2) (after note 1)
27
Insert:
28
Note 1A: Compensation remains payable under this Act for the original injury
29
or original disease.
30
31
Schedule 1 Amendments
Part 6 Dependants of veterans who were prisoners of war
10 Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill
2010 No. , 2010
Part 6--Dependants of veterans who were prisoners
1
of war
2
Veterans' Entitlements Act 1986
3
21 Paragraph 13(2A)(c)
4
After "time", insert "before 1 July 2004".
5
22 Subsection 13(2AA)
6
Repeal the subsection.
7
8
Amendments Schedule 1
Statements of Principles Part 7
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 11
Part 7--Statements of Principles
1
Veterans' Entitlements Act 1986
2
23 Subsection 196J(1)
3
After "review", insert "or not to amend".
4
24 After paragraph 196K(b)
5
Insert:
6
(ba) its decision not to amend a Statement of Principles in respect
7
of a particular kind of injury, disease or death; or
8
25 Paragraph 196K(e)
9
After "determine", insert ", or not to amend,".
10
26 After paragraph 196W(2)(b)
11
Insert:
12
or (ba) a decision of the Repatriation Medical Authority not to
13
amend a Statement of Principles in respect of a particular
14
kind of injury, disease or death;
15
27 Paragraph 196W(2)(d)
16
After "determine", insert ", or not to amend,".
17
28 After subsection 196W(3)
18
Insert:
19
(3A)
If:
20
(a) the Council has been asked to review some or all of the
21
contents of a Statement of Principles in respect of a particular
22
kind of injury, disease or death; and
23
(b) there is another Statement of Principles in force in respect of
24
that kind of injury, disease or death, but the Council has not
25
been asked to review some or all of the contents of that other
26
Statement of Principles;
27
then the Council must also review that other Statement of
28
Principles by reviewing the information subsection (2) requires it
29
to review in reviewing the Statement of Principles it has been
30
asked to review.
31
Schedule 1 Amendments
Part 7 Statements of Principles
12 Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill
2010 No. , 2010
29 Paragraphs 196W(4)(a) and (c)
1
Omit "the Statement of Principles", substitute "either or both of the
2
Statements of Principles".
3
30 Paragraphs 196W(5)(a) and (b)
4
Omit "the Statement of Principles", substitute "either or both of the
5
Statements of Principles".
6
31 Paragraph 196Y(1)(e)
7
After "make", insert ", or not to amend,".
8
32 Paragraph 196ZB(1)(a)
9
Omit "to make or".
10
33 Paragraph 196ZB(1)(a)
11
After "not to make", insert ", or not to amend,".
12
34 Paragraph 196ZB(1)(a)
13
After "Principles", insert "in respect of a particular kind of injury,
14
disease or death".
15
35 Paragraph 196ZB(1)(b)
16
Omit "a review of".
17
36 Application
18
(1)
The amendments made by items 23, 24, 25, 26, 27, 31 and 33 apply in
19
relation to decisions made on or after the commencement of those items
20
not to amend a Statement of Principles.
21
(2)
The amendments made by items 28, 29 and 30 apply in relation to
22
requests for review made on or after the commencement of those items.
23
24
Amendments Schedule 1
Other amendments Part 8
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 13
Part 8--Other amendments
1
Military Rehabilitation and Compensation Act 2004
2
37 Subsection 234(1) (paragraph (a) of the note)
3
Repeal the paragraph.
4
38 Subsection 234(6)
5
Repeal the subsection.
6
39 Paragraph 339(3)(b)
7
Repeal the paragraph, substitute:
8
(b) there is in force:
9
(i) a Statement of Principles determined under subsection
10
196B(3) or (12) of the Veterans' Entitlements Act 1986;
11
or
12
(ii) a determination of the Commission under subsection
13
340(3) of this Act; and
14
(c) the material, and the Statement of Principles or the
15
determination (as the case may be), upholds the contention
16
that the injury, disease or death of the person is, on the
17
balance of probabilities, connected with that service.
18
40 Subparagraph 417(c)(i)
19
Omit "Subdivision C", substitute "Subdivision D".
20
41 Subparagraph 420(4)(b)(i)
21
Omit "Subdivision C", substitute "Subdivision D".
22
42 At the end of subsection 430(1)
23
Add "This subsection is subject to subsection (3A).".
24
43 After subsection 430(3)
25
Insert:
26
(3A) A person's compensation must be paid to the credit of an account
27
with a bank, or a foreign corporation that takes money on deposit,
28
in the circumstances specified under subsection (3C).
29
Schedule 1 Amendments
Part 8 Other amendments
14 Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill
2010 No. , 2010
Note:
Sections 432 and 433 deal with payments to trustees.
1
(3B) The account referred to in subsection (3A) must be nominated by
2
the person and must be an account maintained by the person
3
(including an account maintained jointly or in common with
4
another person).
5
(3C) The Commission may, by legislative instrument, specify
6
circumstances for the purposes of subsection (3A).
7
44 Application
8
The amendment made by item 43 applies in relation to amounts that are
9
payable on or after the commencement of that item.
10
Social Security Act 1991
11
45 After subparagraph 8(8)(y)(vi)
12
Insert:
13
(via) a payment, by a foreign country, of an allowance or
14
annuity that is of a similar kind to decoration allowance
15
payable under section 102 of that Act or to Victoria
16
Cross allowance payable under section 103 of that Act;
17
or
18
Veterans' Entitlements Act 1986
19
46 Before paragraph 5H(8)(fa)
20
Insert:
21
(faa) a payment, by a foreign country, of an allowance or annuity
22
that is of a similar kind to decoration allowance payable
23
under section 102 or to Victoria Cross allowance payable
24
under section 103;
25
Note:
However, a payment referred to in paragraph (faa) is counted in
26
working out a person's total income for the purposes of the
27
hardship rules (see section 52Z).
28
47 After paragraph 52Z(3A)(e)
29
Insert:
30
(f) a payment, by a foreign country, of an allowance or annuity
31
that is of a similar kind to decoration allowance payable
32
Amendments Schedule 1
Other amendments Part 8
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Bill 2010 No.
, 2010 15
under section 102 or to Victoria Cross allowance payable
1
under section 103;
2
48 Subsections 102(3) and 103(3)
3
Repeal the subsections.
4

 

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