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VETERANS' AFFAIRS LEGISLATION AMENDMENT (2010 BUDGET MEASURES) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (2010 Budget Measures) Bill
2010
No. , 2010
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' affairs, and for related purposes
i Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. ,
2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Service relating to British nuclear tests
3
Veterans' Entitlements Act 1986
3
Schedule 2--Service on submarine special operations
9
Part 1--Veterans' Entitlements Act 1986
9
Part 2--Safety, Rehabilitation and Compensation Act 1988
11
Part 3--Defence Service Homes Act 1918
12
Schedule 3--Service in Thailand
13
Defence Service Homes Act 1918
13
Veterans' Entitlements Act 1986
13
Schedule 4--Domicile
15
Veterans' Entitlements Act 1986
15
Schedule 5--Effect of widows and widowers entering into
de facto relationships
17
Veterans' Entitlements Act 1986
17
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
1
A Bill for an Act to amend the law relating to
1
veterans' affairs, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Veterans' Affairs Legislation
5
Amendment (2010 Budget Measures) Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Veterans' Affairs Legislation Amendment (2010 Budget 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. Schedules 1 to
4
1 July 2010.
1 July 2010
3. Schedule 5
1 October 2010.
1 October 2010
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
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
Service relating to British nuclear tests Schedule 1
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
3
Schedule 1--Service relating to British
1
nuclear tests
2
3
Veterans' Entitlements Act 1986
4
1 Section 5 (index of definitions)
5
Insert the following entry in its appropriate alphabetical position,
6
determined on a letter-by-letter basis:
7
British nuclear test defence service
5Q(1A), 68(1), 69B(2), (3),
(4)
2 Subsection 5Q(1A)
8
Insert:
9
British nuclear test defence service has the same meaning as in
10
Part IV.
11
3 Subsection 68(1)
12
Insert:
13
British nuclear test defence service has the meaning given by
14
subsections 69B(2), (3) and (4).
15
4 Subsection 68(1) (definition of defence service)
16
Repeal the definition, substitute:
17
defence service means service, except peacekeeping service, of any
18
of the following kinds:
19
(a) continuous full-time service rendered as a member of the
20
Defence Force on or after 7 December 1972 and before the
21
terminating date;
22
(b) continuous full-time service that was rendered by a person
23
who:
24
(i) was rendering continuous full-time service as a member
25
of the Defence Force immediately before the
26
commencement of this Act; and
27
(ii) continued to render continuous full-time service as such
28
a member until and including the day immediately
29
before the terminating date; and
30
Schedule 1 Service relating to British nuclear tests
4 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. ,
2010
(iii) was, immediately before the terminating date, bound to
1
render continuous full-time service as such a member
2
for a term expiring on or after the terminating date;
3
and that was rendered by the person as a member of the
4
Defence Force on and after the terminating date and before
5
the earlier of the following:
6
(iv) the expiration of that term or, if that term is deemed to
7
have been extended by subsection (4), (5) or (6), the
8
expiration of the extension of that term;
9
(v) the lawful termination of the person's service as a
10
member of the Defence Force otherwise than by reason
11
of the expiration of the term for which the person is
12
bound to serve;
13
(c) hazardous service rendered before or after the terminating
14
date;
15
(d) British nuclear test defence service.
16
5 Subsection 68(1) (definition of member of the Forces)
17
Omit "or 69A", substitute ", 69A or 69B".
18
6 At the end of Division 1 of Part IV
19
Add:
20
69B Application of Part to persons who rendered British nuclear
21
test defence service
22
(1) This Part applies to a person who has rendered British nuclear test
23
defence service.
24
(2) A person rendered British nuclear test defence service while the
25
person was a member of the Defence Force and rendered service in
26
an area described in the table at any time during a period described
27
in the table for that area:
28
29
British nuclear test defence service in an area within a period
Item Area
Period
1
The area within 10
kilometres of Main Beach
on Trimouille Island in the
Monte Bello Archipelago
The period:
(a) starting at the start of 3 October 1952;
and
(b) ending at the end of 19 June 1958
Service relating to British nuclear tests Schedule 1
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
5
British nuclear test defence service in an area within a period
Item Area
Period
2
The area within 25
kilometres of the Totem test
sites at Emu Field
The period:
(a) starting at the start of 15 October 1953;
and
(b) ending at the end of 25 October 1955
3
The area within 40
kilometres of any of the
Buffalo or Antler test sites
near Maralinga
The period:
(a) starting at the start of 27 September
1956; and
(b) ending at the end of 30 April 1965
(3) A person rendered British nuclear test defence service while the
1
person was a member of the Defence Force and was involved at
2
any time during a period described in the table in the transport,
3
recovery, maintenance or cleaning of a vessel, vehicle, aircraft or
4
equipment that was contaminated as a result of its use in an area
5
described in the table for that period:
6
7
British nuclear test defence service relating to work on contaminated things
Item
Period in which involvement occurred
Area where thing was
contaminated
1 The
period:
(a) starting at the start of 3 October 1952;
and
(b) ending at the end of 19 July 1956
The area within 10
kilometres of Main Beach on
Trimouille Island in the
Monte Bello Archipelago
2 The
period:
(a) starting at the start of 15 October 1953;
and
(b) ending at the end of 25 November 1953
The area within 25
kilometres of the Totem test
sites at Emu Field
3 The
period:
(a) starting at the start of 27 September
1956; and
(b) ending at the end of 30 May 1963
The area within 40
kilometres of any of the
Buffalo or Antler test sites
near Maralinga
(4) A person rendered British nuclear test defence service while the
8
person was a member of the Defence Force and, at a time between
9
the start of 3 October 1952 and the end of 31 October 1957, flew in
10
an aircraft of the Royal Australian Air Force or the Royal Air
11
Force that was at that time:
12
Schedule 1 Service relating to British nuclear tests
6 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. ,
2010
(a) used in measuring fallout from nuclear tests conducted in an
1
area described in the table in subsection (2); and
2
(b) contaminated by the fallout.
3
7 At the end of paragraph 120(2)(b)
4
Add "or".
5
8 After paragraph 120(2)(b)
6
Insert:
7
(c) in respect of the incapacity from injury or disease of a
8
member of the Forces, or of the death of such a member,
9
relates to British nuclear test defence service rendered by the
10
member;
11
9 Subsection 120(2) (note 1)
12
Omit "and hazardous service", substitute ", hazardous service and
13
British nuclear test defence service".
14
10 At the end of paragraph 120A(1)(b)
15
Add:
16
; or (iii) the British nuclear test defence service rendered by a
17
member of the Forces.
18
11 Subsection 120A(1) (note 2)
19
Omit "and member of the Forces", substitute ", member of the Forces
20
and British nuclear test defence service".
21
12 Paragraph 120B(1)(b)
22
After "hazardous service", insert "and British nuclear test defence
23
service".
24
13 Subsection 120B(1) (note 2)
25
Omit "and member of the Forces", substitute ", member of the Forces
26
and British nuclear test defence service".
27
14 Subparagraph 180A(2)(b)(iii)
28
Omit "and", substitute "or".
29
15 At the end of paragraph 180A(2)(b)
30
Service relating to British nuclear tests Schedule 1
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
7
Add:
1
(iv) British nuclear test defence service rendered by a
2
member of the Forces; and
3
16 Subsection 180A(2) (note 1)
4
Omit "and hazardous service", substitute ", member of a Peacekeeping
5
Force, hazardous service, member of the Forces and British nuclear
6
test defence service".
7
17 Subparagraph 180A(3)(b)(ii)
8
After "hazardous service", insert "and British nuclear test defence
9
service".
10
18 Subsection 180A(3) (note 1)
11
Omit "and hazardous service", substitute ", hazardous service, British
12
nuclear test defence service and member of the Forces".
13
19 After paragraph 196B(2)(c)
14
Insert:
15
(caa) British nuclear test defence service rendered by members of
16
the Forces; or
17
20 Subsection 196B(2) (note 2)
18
Omit "and member of the Forces referred to in paragraphs (2)(b) and
19
(c)", substitute ", member of the Forces and British nuclear test
20
defence service referred to in paragraphs (2)(b), (c) and (caa)".
21
21 Paragraph 196B(3)(b)
22
After "hazardous service", insert "and British nuclear test defence
23
service".
24
22 Subsection 196B(3) (note 2)
25
Omit "and hazardous service", substitute ", hazardous service, British
26
nuclear test defence service and member of the Forces".
27
23 Application
28
Schedule 1 Service relating to British nuclear tests
8 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. ,
2010
The amendments of the Veterans' Entitlements Act 1986 made by this
1
Schedule apply for the purposes of determining a person's eligibility on
2
or after the commencement of this Schedule for entitlements under that
3
Act.
4
24 Transitional provision for Statements of Principles
5
(1)
This item deals with the effect, on and after the commencement of this
6
Schedule, of Statements of Principles that were in force under
7
section 196B of the Veterans' Entitlements Act 1986 immediately
8
before that commencement.
9
Statements under subsection 196B(2) or (11) of that Act
10
(2)
A statement under subsection 196B(2) or (11) of that Act has effect as if
11
a reference in the statement to operational service, peacekeeping service
12
or hazardous service included a reference to British nuclear test defence
13
service.
14
Statements under subsection 196B(3) or (12) of that Act
15
(3)
A statement under subsection 196B(3) or (12) of that Act has effect as if
16
a reference in the statement to eligible war service (other than
17
operational service) or defence service (other than hazardous service)
18
excluded British nuclear test defence service.
19
Statements of Principles may be revoked or amended
20
(4)
This item does not prevent a legislative instrument from amending or
21
revoking a Statement of Principles that was in force under section 196B
22
of the Veterans' Entitlements Act 1986 immediately before the
23
commencement of this Schedule.
24
25
Service on submarine special operations Schedule 2
Veterans' Entitlements Act 1986 Part 1
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
9
Schedule 2--Service on submarine special
1
operations
2
Part 1--Veterans' Entitlements Act 1986
3
1 Section 6 (after table item 4A)
4
Insert:
5
4B 6DB Operational
service--service on submarine special
operations from 1978 to 1992
2 After section 6DA
6
Insert:
7
6DB Operational service--service on submarine special operations
8
from 1978 to 1992
9
A member of the Defence Force is taken to have been rendering
10
operational service during any period of continuous full-time
11
service for which the following conditions are met:
12
(a) the period started on or after 1 January 1978 and ended on or
13
before the end of 31 December 1992;
14
(b) the service was on submarine special operations;
15
(c)
the
member:
16
(i) has been awarded the Australian Service Medal with
17
Clasp "SPECIAL OPS" for the service; or
18
(ii) has become eligible for that award for the service; or
19
(iii) would have been eligible for that award for the service
20
if the member had not already been awarded it for other
21
service.
22
3 At the end of paragraph 7A(1)(a)
23
Add:
24
(v) rendered continuous full-time service on submarine
25
special operations, at some time in the period starting on
26
1 January 1978 and ending at the end of 31 December
27
1992, for which the person has been awarded, or has
28
become eligible to be awarded, the Australian Service
29
Medal with Clasp "SPECIAL OPS"; or
30
Schedule 2 Service on submarine special operations
Part 1 Veterans' Entitlements Act 1986
10 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No.
, 2010
(vi) rendered continuous full-time service on submarine
1
special operations, at some time in the period starting on
2
1 January 1978 and ending at the end of 31 December
3
1992, for which the person would have been eligible to
4
be awarded the Australian Service Medal with Clasp
5
"SPECIAL OPS" if the person had not already been
6
awarded it for other service; or
7
4 Paragraph 85(4B)(b)
8
Omit "or (iv)", substitute ", (iv), (v) or (vi)".
9
5 Application
10
The amendments of the Veterans' Entitlements Act 1986 made by this
11
Part apply for the purposes of determining a person's eligibility on or
12
after the commencement of this Part for entitlements under that Act.
13
14
Service on submarine special operations Schedule 2
Safety, Rehabilitation and Compensation Act 1988 Part 2
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
11
Part 2--Safety, Rehabilitation and Compensation Act
1
1988
2
6 Subsection 5(10)
3
Omit "and (10C)", substitute ", (10C) and (10D)".
4
7 After subsection 5(10C)
5
Insert:
6
(10D) Despite subsection (10), this Act applies to a claim lodged before
7
the commencement of this subsection for compensation in respect
8
of an injury of a member of the Defence Force that arose out of, or
9
in the course of, service that:
10
(a) was rendered by the member; and
11
(b) is taken under section 6DB of the Veterans' Entitlements Act
12
1986 to have been rendered as operational service.
13
Note:
Part II of that Act provides for payment of pension in respect of that
14
service.
15
8 Application
16
The amendments of the Safety, Rehabilitation and Compensation Act
17
1988 made by this Part apply for the purposes of determining a person's
18
eligibility on or after the commencement of this Part for compensation
19
under that Act.
20
21
Schedule 2 Service on submarine special operations
Part 3 Defence Service Homes Act 1918
12 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No.
, 2010
Part 3--Defence Service Homes Act 1918
1
9 Subsection 4(1) (subparagraph (gd)(ii) of the definition of
2
Australian Soldier)
3
After "section", insert "6DB or".
4
10 Application
5
The amendment of the Defence Service Homes Act 1918 made by this
6
Part applies for the purposes of determining a person's status as an
7
eligible person for the purposes of that Act on or after the
8
commencement of this Part.
9
10
Service in Thailand Schedule 3
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
13
Schedule 3--Service in Thailand
1
2
Defence Service Homes Act 1918
3
1 Subsection 4(1) (paragraph (g) of the definition of
4
Australian Soldier)
5
Omit "items", substitute "item 3A, 3B,".
6
Veterans' Entitlements Act 1986
7
2 Paragraph 5B(2)(b)
8
After "item", insert "3A, 3B,".
9
3 Subparagraph 6D(1)(a)(iii)
10
Omit "31 May 1962", substitute "28 July 1962".
11
4 At the end of paragraph 6D(1)(a)
12
Add:
13
(iv) in North East Thailand (not including Ubon) at any time
14
during the period from and including 31 May 1962 to
15
and including 27 July 1962; or
16
5 At the end of subsection 6D(1)
17
Add:
18
Note:
Service in Ubon in Thailand between 31 May 1962 and 27 July 1962
19
is taken to be operational service because of section 6C and item 3A in
20
Schedule 2.
21
6 Schedule 2 (after table item 3)
22
Insert:
23
24
3A. Ubon in Thailand.
The period from and
including 31 May 1962 to
and including 27 July 1962
3B. North East Thailand (including Ubon).
The period from and
including 25 June 1965 to
and including 31 August
1968
Schedule 3 Service in Thailand
14 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No.
, 2010
7 Application
1
The amendments made by items 2 to 6 apply for the purposes of
2
determining a person's eligibility on or after the commencement of
3
those items for entitlements under the Veterans' Entitlements Act 1986.
4
5
Domicile Schedule 4
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
15
Schedule 4--Domicile
1
2
Veterans' Entitlements Act 1986
3
1 Section 5 (index of definitions)
4
Insert the following entry in its appropriate alphabetical position,
5
determined on a letter-by-letter basis:
6
domiciled 5Q(1)
2 Subsection 5Q(1)
7
Insert:
8
domiciled has a meaning affected by section 11B.
9
3 At the end of subsection 6A(1)
10
Add:
11
Note:
Section 11B may affect a person's domicile immediately before
12
appointment or enlistment.
13
4 At the end of subsection 6C(2)
14
Add:
15
Note:
Section 11B may affect a person's domicile immediately before
16
appointment or enlistment.
17
5 At the end of Part I
18
Add:
19
11B Domicile
20
(1) A person is taken for the purposes of this Act to have been capable
21
of having an independent domicile at a time before 1 July 1982 if
22
the person had turned 18 at or before that time.
23
Note:
Subsection 8(1) of the Domicile Act 1982 has a similar effect for a
24
time occurring on or after 1 July 1982.
25
(2) Subsection (1) has effect despite any rule of law to the contrary.
26
6 At the end of subsection 53D(2)
27
Add:
28
Schedule 4 Domicile
16 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No.
, 2010
Note:
Section 11B may affect a person's domicile immediately before
1
appointment or enlistment.
2
7 At the end of subsection 80(2)
3
Add:
4
Note:
Section 11B may affect a person's domicile immediately before
5
appointment or enlistment.
6
8 Application
7
Section 11B of the Veterans' Entitlements Act 1986 applies for the
8
purposes of determining a person's eligibility on or after the
9
commencement of that section for entitlements under that Act.
10
11
Effect of widows and widowers entering into de facto relationships Schedule 5
Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No. , 2010
17
Schedule 5--Effect of widows and widowers
1
entering into de facto relationships
2
3
Veterans' Entitlements Act 1986
4
1 Section 5 (index of definitions)
5
Omit:
6
marriage-like relationships
11A
2 Subsection 11(1) (paragraph (c) of the definition of
7
dependant)
8
Omit "or re-marries", substitute ", re-marries or enters into a de facto
9
relationship".
10
3 Subsection 11(1) (at the end of the definition of dependant)
11
Add:
12
Note 4:
Section 11A affects formation of an opinion as to whether 2 people
13
are living together in a de facto relationship.
14
4 Subsection 13(8)
15
Omit "or marries", substitute ", marries or enters into a de facto
16
relationship".
17
5 Subparagraph 13(8)(a)(ii)
18
Omit "or marriage", substitute ", marriage or entry into the de facto
19
relationship".
20
6 Paragraph 13(8)(b)
21
Omit "or marriage" (wherever occurring), substitute ", marriage or
22
entry into the de facto relationship".
23
7 Subsection 70(11)
24
Omit "or marries", substitute ", marries or enters into a de facto
25
relationship".
26
8 Subparagraph 70(11)(a)(ii)
27
Omit "or marriage", substitute ", marriage or entry into the de facto
28
relationship".
29
Schedule 5 Effect of widows and widowers entering into de facto relationships
18 Veterans' Affairs Legislation Amendment (2010 Budget Measures) Bill 2010 No.
, 2010
9 Paragraph 70(11)(b)
1
Omit "or marriage" (wherever occurring), substitute ", marriage or
2
entry into the de facto relationship".
3
10 Application
4
The amendments made by this Schedule apply in relation to:
5
(a) claims for pension under Part II or IV of the Veterans'
6
Entitlements Act 1986 made on or after the commencement
7
of this Schedule; and
8
(b) the payment of pension under section 13A of that Act in
9
relation to veterans who die on or after the commencement of
10
this Schedule.
11

 

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