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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Veterans’
Affairs Legislation Amendment (Budget and Compensation Measures) Bill
1997
No. ,
1997
(Veterans’
Affairs)
A Bill for an Act to amend the
Veterans’ Entitlements Act 1986, the Defence Service Homes Act
1918 and the Safety, Rehabilitation and Compensation Act 1988, and
for related purposes
9711220—1,149/24.6.1997—(112/97) Cat.
No. 96 9291 6 ISBN 0644 505877
Contents
Part 1—Operational
service 7valach1.html
Part 2—Advance payments of
pension 7valach1.html
Part 3—War-caused and defence-caused injuries, diseases and deaths:
use of tobacco products after 31 December
1997 7valach1.html
Part 4—Miscellaneous 7valach1.html
A Bill for an Act to amend the Veterans’
Entitlements Act 1986, the Defence Service Homes Act 1918 and the
Safety, Rehabilitation and Compensation Act 1988, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Veterans’ Affairs Legislation
Amendment (Budget and Compensation Measures) Act 1997.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Part 1, and items 36, 37, 38 and 41, of Schedule 1 are taken to have
commenced on 13 May 1997.
(3) Parts 2 and 3 of Schedule 1 commence on 1 January 1998.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Section 5 (index, entry relating to
operational service)
Omit the entry, substitute:
|
operational service |
6 to 6F |
2 Section 5 (index)
Insert the following entries in their appropriate alphabetical positions
(determined on a letter-by-letter basis):
|
non-warlike service |
5C(1) |
|
warlike service |
5C(1) |
3 Subsection 5C(1)
Insert:
non-warlike service means service in the Defence Force of a
kind determined in writing by the Minister for Defence to be non-warlike
service.
4 Subsection 5C(1) (definition of operational
service)
Omit “section 6”, substitute “sections 6 to
6F”.
5 Subsection 5C(1)
Insert:
warlike service means service in the Defence Force of a kind
determined in writing by the Minister for Defence to be warlike
service.
6 Section 6
Repeal the section, substitute:
Sections 6A to 6F deal with operational service as set out in the
following table:
|
Operational service |
||
|---|---|---|
|
|
Section number |
|
|
1 |
6A |
Operational service—world wars |
|
2 |
6B |
Operational service—Australian mariners |
|
3 |
6C |
Operational service—post World War 2 service in operational
areas |
|
4 |
6D |
Operational service—other post World War 2 service |
|
5 |
6E |
Operational service—Korean demilitarised zone and Vietnam |
|
6 |
6F |
Operational service—warlike and non-warlike service |
(1) Subject to subsection (3), a person referred to in column 2 of an item
in the following table is taken to have been rendering operational service
during any period during which the person was rendering continuous full-time
service of a kind referred to in column 3 of that item.
|
Operational service |
||
|---|---|---|
|
Item |
Person |
Nature of service |
|
1 |
A member of the Defence Force |
(a) continuous full-time service outside Australia during a war to which
this Act applies (b) continuous full-time service for a period of at least 3 months in that
part of the Northern Territory that is north of the parallel 14 degrees 30
minutes south latitude (including any of the islands adjoining the Northern
Territory) between 19 February 1942 and 12 November 1943 (both dates
inclusive) (c) continuous full-time service during a war to which this Act applies
rendered within Australia immediately before, or immediately after, a period of
continuous full-time service of the kind referred to in paragraph (a) or
(b) (d) continuous full-time service rendered within Australia during World War
2 in such circumstances that the service should, in the opinion of the
Commission, be treated as service in actual combat against the enemy |
|
2 |
A member of the Defence Force who enlisted in the Defence Force while
living on a Torres Strait Island |
(a) continuous full-time service for a period of at least 3 months on that
island between 14 March 1942 and 18 June 1943 (both dates
inclusive) (b) continuous full-time service during a war to which this Act applies
rendered within Australia immediately before, or immediately after, a period of
continuous full-time service of the kind referred to in paragraph (a) |
|
3 |
A member of the naval, military or air forces of a Commonwealth country or
of an allied country who was domiciled in Australia or an external Territory
immediately before his or her appointment or enlistment in those
forces |
Continuous full-time service during a war to which this Act applies
rendered: (a) outside that country; or (b) within that country but in such circumstances that the service should,
in the opinion of the Commission, be treated as service in actual combat against
the enemy |
(2) A person referred to in column 2 of an item in the following table is
taken to have been rendering operational service during the period, or at the
time, specified in column 3 of that item.
|
Operational service |
||
|---|---|---|
|
Item |
Person |
Relevant period or time |
|
1 |
A person who was, during a war to which this Act applies, employed by the
Commonwealth on a special mission outside Australia |
The period during which the person was so employed by the
Commonwealth |
|
2 |
An eligible civilian who was killed, during the invasion of the Territory
of Papua or the Territory of New Guinea during World War 2, as a result of
action by the enemy |
The time of the event as a result of which the person was killed |
|
3 |
An eligible civilian who was detained by the enemy during World War
2 |
The period during which the person was so detained |
|
4 |
A person who, while rendering continuous full-time service as a member of
the Defence Force within Australia during World War 2, was injured, or
contracted a disease, as a result of enemy action |
The time of the event as a result of which the person was injured or
contracted the disease |
(3) Any continuous full-time service that was rendered during World War 2
by a member of the Defence Force (other than a member of the Interim Forces) on
or after the cut off date for the member is not taken to be operational
service.
(4) For the purposes of subsection (3), the cut off date for
a member of the Defence Force is the date applicable to the member in accordance
with the following table:
|
Cut off date |
||
|---|---|---|
|
Item |
Member |
Date |
|
1 |
A member who was appointed or enlisted for war service in any part of the
Defence Force that was raised during World War 2 for war service, or solely for
service during that war or during that war and a definite period immediately
following that war |
1 July 1951 |
|
2 |
A member who was appointed or enlisted in the Citizen Forces and was called
up for continuous full-time service for the duration of, or directly in
connection with, World War 2 |
1 July 1951 |
|
3 |
A member who served in the British Commonwealth Occupation Force in
Japan |
1 July 1951, or the day on which the member arrived back in Australia on
the completion of his or her service in that Force, whichever is the
later |
|
4 |
Any other member |
3 January 1949 |
(1) A person is taken to have been rendering operational service
during:
(a) any period of employment outside Australia as an Australian mariner on
a ship; or
(b) any period of employment within Australia as an Australian mariner on
a ship if that period of employment ended immediately before, or started
immediately after, the period of employment referred to in paragraph
(a).
(2) A person who, while employed within Australia as an Australian mariner
on a ship, was injured, or contracted a disease, as a result of enemy action is
taken to have been rendering operational service at the time of the event as a
result of which the person was injured or contracted the disease.
(3) A person who was employed within Australia as an Australian mariner on
a ship in such circumstances that the employment should, in the opinion of the
Commission, be treated as employment in actual combat against the enemy is taken
to have been rendering operational service while the person was so
employed.
(4) Without limiting subsection (1), a person is taken to have been
employed outside Australia as an Australian mariner on a ship in each of the
following circumstances:
(a) at any time when the person was at a place outside Australia on leave
from the ship while the ship was at a port outside Australia;
(b) at any time when the person was outside Australia while on his or her
way to take up employment as an Australian mariner on a ship;
(c) while the person was awaiting return to Australia from employment as
an Australian mariner on a ship;
(d) while the person was returning to Australia from employment as an
Australian mariner on a ship.
(5) For the purposes of this section, if a person was employed as an
Australian mariner on a ship undertaking a voyage for the purpose of going from
a place within Australia to another place within Australia, the member is taken
to have been employed within Australia during the whole of the voyage.
(6) In this section:
Australia does not include an external territory.
(1) Subject to this section, a member of the Defence Force who has
rendered continuous full-time service in an operational area as:
(a) a member who was allotted for duty in that area; or
(b) a member of a unit of the Defence Force that was allotted for duty in
that area;
is taken to have been rendering operational service in the operational area
while the member was so rendering continuous full-time service.
(2) A member of the naval, military or air forces of a Commonwealth
country or of an allied country who:
(a) was domiciled in Australia or an external Territory immediately before
his or her appointment or enlistment in those forces; and
(b) has rendered continuous full-time service in an operational
area;
is taken to have been rendering operational service in the operational area
while the member was so rendering continuous full-time service.
(3) For the purposes of subsection (1), a member of the Defence Force is,
subject to subsection (4), taken to have rendered continuous full-time service
in an operational area during the period commencing on:
(a) if the member was in Australia on the day (relevant day)
from which the member, or the unit of the member, was allotted for duty in that
area—on the day on which the member left the last port of call in
Australia for that service; or
(b) if the member was outside Australia on the relevant day—on that
day;
and ending at the end of:
(c) if the member, or the unit of the member, ceased to be allotted for
duty—the day from which the member, or the unit, ceased to be allotted for
duty; or
(d) if the member, or the unit of the member, was assigned for duty from
the operational area to another area outside Australia (not being an operational
area)—the day from which the member, or the unit, was assigned to that
other area, or the day on which the member, or the unit, arrived at that other
area, whichever is the later; or
(e) in any other case—the day on which the member arrived at the
first port of call in Australia on returning from operational service.
(4) If, while rendering continuous full-time service in an operational
area, a member of the Defence Force has:
(a) returned to Australia in accordance with the Rest and Recuperation
arrangements of the naval, military or air forces; or
(b) returned to Australia on emergency or other leave granted on
compassionate grounds; or
(c) returned to Australia on duty; or
(d) returned to Australia for the purpose of receiving medical or surgical
treatment as directed by the medical authorities of the Defence Force;
only so much of the period of service of the member within Australia after
his or her return and while the member:
(e) continued to be allotted for duty in an operational area; or
(f) continued to be a member of a unit of the Defence Force allotted for
duty in an operational area;
as does not exceed 14 days is taken, for the purposes of subsection (1), to
be a period when the member was rendering continuous full-time service in the
operational area.
(1) This section applies to a member of the Defence Force who, or a member
of a unit of the Defence Force that:
(a) was assigned for service:
(i) in Singapore at any time during the period from and including
29 June 1950 to and including 31 August 1957; or
(ii) in Japan at any time during the period from and including
28 April 1952 to and including 19 April 1956; or
(iii) in North East Thailand (including Ubon) at any time during the
period from and including 31 May 1962 to and including 31 August 1968;
or
(b) was attached to the Far East Strategic Reserve at any time during the
period from and including 2 July 1955 to and including 27 May
1963;
but so applies only if the member, or the unit of the member, is included
in a written instrument issued by the Defence Force for use by the Commission in
determining a person’s eligibility for entitlements under this
Act.
(2) A person to whom this section applies is taken to have been rendering
operational service during any period during which he or she was rendering
continuous full-time service as:
(a) a member of the Defence force; or
(b) a member of a unit of the Defence Force;
while the person was in the area described in paragraph (1)(a) or attached
to the Far East Strategic Reserve (as the case may be).
(3) For the purposes of subsection (2), the operational service of a
person to whom this section applies:
(a) is taken to have started:
(i) if the person was in Australia on the day (relevant day)
from which his or her unit was assigned for service as described in paragraph
(1)(a) or attached to the Far East Strategic Reserve (as the case may
be)—on the day on which the member left the last port of call in Australia
for that service; or
(ii) if the person was outside Australia on the relevant day—on that
day; and
(b) is taken to have ended:
(i) if the member was assigned for service in another country or area
outside Australia (not being an operational area)—the day from which the
member was assigned to that other country or area, or the day on which the
member arrived at that other area, whichever is the later; or
(ii) in any other case—the day on which the member arrived at the
first port of call in Australia on returning from operational service.
A member of the Defence Force who was assigned for service:
(a) in the demilitarised zone between North Korea and South Korea after
18 April 1956; or
(b) on HMA Ship Vampire or Quickmatch in Vietnam during the period from
and including 25 January 1962 to and including 29 January
1962;
is taken to have been rendering operational service while he or she was so
rendering continuous full-time service in that zone or in Vietnam (as the case
may be) during the period in which he or she was so assigned for
service.
A member of the Defence Force is taken to have been rendering operational
service during any period of warlike service or non-warlike service of the
member.
7 Subsection 7(1 ) (note 2)
Omit “section 6”, substitute “sections 6 to
6F”.
8 Schedule 2 (table item
13)
After “1992”, insert “to and including 24 January
1997”.
Part
2—Advance payments of
pension
9 Paragraph 5H(8)(zm)
Omit “IIID”, substitute “IVA”.
10 Subsection 30(1)
Omit “subsections (3) and (4)”, substitute “subsection
(3)”.
11 Subsection 30(4)
Repeal the subsection.
12 Subsection 36A(4)
Omit “Part IIID”, substitute “Part IVA”.
13 Subsection 37A(4)
Omit “Part IIID”, substitute “Part IVA”.
14 Subsection 38A(4)
Omit “Part IIID”, substitute “Part IVA”.
15 Subsection 39A(4)
Omit “Part IIID”, substitute “Part IVA”.
16 Paragraph 57(2)(e)
Omit “or”.
17 Paragraph 57(2)(f)
Repeal the paragraph.
18 Part IIID
Repeal the Part.
19 After Part IV
Insert:
In this Part:
pension means a pension payable under Part II, III or IV or
an income support supplement.
(1) Subject to subsection (2), a person is eligible for an advance payment
of an amount of pension only if:
(a) the pension is payable to the person; and
(b) throughout the 3 months immediately before the person’s
application for the advance payment, the person was receiving a pension, a
social security pension or a social security benefit; and
(c) the Commission is satisfied that the person will not suffer financial
hardship from the reductions to be made in future instalments of the pension to
recover the advance payment.
(2) A person is not eligible for an advance payment if:
(a) the person has received an advance payment of a pension and has not
fully repaid the advance payment; or
(b) an advance payment of:
(i) an amount of pension; or
(ii) a social security entitlement under Part 2.22 of the Social
Security Act 1991;
was paid to the person within the period of 12 months immediately before
the person’s application for the advance payment; or
(c) the person owes a debt to the Commonwealth under section 205 or
205A.
A person who wants an advance payment of an amount of pension must make a
proper application for the advance payment.
(1) Subject to subsection (2), the application must be made by:
(a) the person who wants to receive the advance payment; or
(b) with the approval of that person—another person on the
person’s behalf.
(2) If a person is unable, because of physical or mental incapacity, to
approve another person to make the application on his or her behalf, the
Commission may approve another person to make the application.
To be a proper application, the application must:
(a) be made in writing; and
(b) be in accordance with a form approved by the Commission.
(1) To be a proper application, the application must be lodged:
(a) at an office of the Department in Australia; or
(b) at a place approved for this purpose by the Commission; or
(c) with a person approved for this purpose by the Commission.
(2) An application is taken to have been lodged on the day on which it is
received:
(a) at an office of the Department in Australia; or
(b) at a place approved under subsection (1); or
(c) by a person approved under subsection (1);
as the case may be.
An application is not a proper application unless the person who wants to
receive the advance payment is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the application is lodged.
Note: For Australian resident see section
5G.
(1) An applicant, or a person approved by the applicant, may withdraw an
application that has not been determined.
(2) An application that is withdrawn is taken to have not been
made.
(3) A withdrawal may be made orally or in writing.
If an application for an advance payment of an amount of pension is made,
the Commission must grant the application if it is satisfied that the person is
eligible for the advance payment.
(1) Subject to subsection (3), if the application is granted, the advance
payment of the pension is to be paid on the next day on which:
(a) the person is paid an instalment of the pension; and
(b) it is practicable to pay the advance payment.
(2) The advance payment is to be paid as a lump sum.
(3) The Commission may determine that an advance payment is to be paid on
a day stated in the determination.
(4) An advance payment of a pension is not payable if the pension is
cancelled or reduced to nil before the day on which the advance payment would be
paid apart from this subsection.
(1) The maximum amount of an advance payment is the smaller of:
(a) the amount worked out under subsection (2) or (3) (whichever is
applicable); and
(b) $500.
(2) If the advance payment is in respect of a pension payable to a person
under Part II or IV, the amount for the purposes of paragraph (1)(a) is the
amount worked out by using the following formula:
where:
fortnightly rate of pension is the rate last determined by
the Commission to be the fortnightly rate of pension payable to the person
before the application for the advance payment was determined.
(3) If the advance payment is in respect of a pension payable to a person
under Part III or an income support supplement, the amount for the purposes of
paragraph (1)(a) is the amount worked out by using the following
formula:
where:
annual payment rate is the rate last determined by the
Commission to be the rate of pension or income support supplement payable to the
person before the application for the advance payment was determined, excluding
any amount payable by way of remote area allowance.
(4) If the amount worked out under subsection (2) or (3) is not a multiple
of 10 cents, the amount is, subject to subsection (5), to be increased or
decreased to the nearest multiple of 10 cents.
(5) If the amount worked out under subsection (2) or (3) is a multiple of
5 cents, but is not a multiple of 10 cents, the amount is to be increased by 5
cents.
(1) Subject to subsection (2) and section 79O, an advance payment
deduction is to be made from the rate of a pension that is payable to a person
if:
(a) the person has received an advance payment of that pension or of
another pension that was previously payable to the person; and
(b) the person has not yet fully repaid the advance payment; and
(c) the amount of the advance payment that has not been repaid is not a
debt under subsection 205(1AB).
(2) An advance payment deduction is not to be made from a person’s
rate of pension on the payday on which the advance payment is paid.
Subject to sections 79N, 79O, 79P and 79Q, the advance payment deduction
for an advance payment of a pension is the amount of the advance payment divided
by 13.
(1) Subject to subsection (2) and sections 79O, 79P and 79Q, a
person’s advance payment deduction may be increased to a larger amount if
the person asks the Commission in writing for the advance payment deduction to
be the larger amount.
(2) Subsection (1) does not apply if the Commission is satisfied that the
person would suffer severe financial hardship if the advance payment deduction
were the larger amount.
(1) Subject to subsection (2) and sections 79P and 79Q, if:
(a) a person applies in writing to the Commission for an advance payment
deduction to be decreased, or to be stopped, because of severe financial
hardship; and
(b) the Commission is satisfied that:
(i) the person’s circumstances are exceptional and could not
reasonably have been foreseen at the time of the person’s application for
the advance payment; and
(ii) the person would suffer severe financial hardship if the advance
payment deduction that would otherwise apply were to continue;
the Commission may determine in writing that, for the period stated in the
determination, the advance payment deduction is to be the lesser amount (which
may be a nil amount) stated in the determination.
(2) At any time while the determination is in force, the Commission
may:
(a) vary the determination so as to require to be deducted from the
person’s rate of pension an advance payment deduction larger than
the deduction (if any) previously applying under the determination, but smaller
than the deduction applying immediately before the determination; or
(b) revoke the determination;
but only if the Commission is satisfied that the person would not suffer
severe financial hardship because of the variation or revocation.
(3) A variation or revocation of a determination must be in
writing.
If an advance payment deduction that would otherwise be deducted from a
person’s rate of pension exceeds the part of the advance payment that the
person has not yet repaid (by previous deductions under this Division or
otherwise), the amount of that advance payment deduction equals the part that
the person has not yet repaid.
Example:
Facts: Anne has been paid an advance of $450. Anne’s
payment deduction is worked out under section 79M as
follows:
This amount is rounded under section 79R to
$34.60.
Anne has requested that the advance payment deduction be
the larger amount of $55 (see section 79N), so that the advance will be repaid
sooner.
Result: If $55 is deducted from Anne’s fortnightly
rate of pension, $440 will have been repaid after 8 successive fortnights,
leaving $10 unpaid. Under this section, the final advance payment deduction will
be $10.
If the rate of pension (excluding remote area allowance in the case of a
pension payable under Part III or income support supplement) is less than the
amount that would be the advance payment deduction apart from this section, the
advance payment deduction is taken to be equal to that rate of
pension.
(1) If an amount worked out under this Division is not a multiple of 10
cents, the amount is, subject to subsection (2), to be increased or decreased to
the nearest multiple of 10 cents.
(2) If the amount worked out under this Division is a multiple of 5 cents,
but is not a multiple of 10 cents, the amount is to be increased by 5
cents.
(1) In calculating, for the purposes of this Act, an amount of pension
(other than an amount of pension payable under Part II or IV) that would have
been paid to a deceased person if the person had not died, any advance payment
of pension that has been made to the person and has not been repaid is to be
disregarded.
(2) Subsection (1) does not affect the liability of the estate of the
deceased person to repay to the Commonwealth so much of the advance payment as
has not been repaid.
(1) A pensioner who is dissatisfied with a decision of the Commission in
relation to an advance payment of an amount of pension may request the
Commission to review the decision.
(2) The request must:
(a) be made within 3 months after the person seeking the review was
notified of the decision; and
(b) be in writing; and
(c) set out the grounds on which the request is made.
(3) If a request for review is made in accordance with subsection (2), the
Commission must review the decision.
(4) If the Commission has delegated its power under this section to the
person who made the decision under review, that person must not review the
decision.
If the Commission reviews a decision under this Division, the Commission
must:
(a) affirm the decision; or
(b) set it aside and substitute a new decision for it.
Note: For the Commission’s evidence-gathering powers
see section 79X.
(1) When the Commission reviews a decision under this Division, it must
make a written record of its decision upon review.
(2) The written record must include a statement that:
(a) sets out the Commission’s findings on material questions of
fact; and
(b) refers to the evidence or other material on which those findings are
based; and
(c) provides reasons for the Commission’s decision.
(1) When the Commission affirms or sets aside a decision under this
Division, it must give to the person who requested the review of the
decision:
(a) a copy of the Commission’s decision; and
(b) subject to subsection (2), a copy of the statement referred to in
subsection 79V(2) relating to the decision; and
(c) a statement giving particulars of the person’s right to apply to
the Administrative Appeals Tribunal for a review of the Commission’s
decision.
(2) If the statement referred to in paragraph (1)(b) contains any matter
that, in the opinion of the Commission:
(a) is of a confidential nature; or
(b) may, if communicated to the person who requested review, be
prejudicial to his or her physical or mental health or well-being;
the copy given to the person is not to contain that matter.
(1) For the purposes of a review, the Commission may:
(a) summon a person to appear at a hearing of the review to give evidence
and to produce such documents (if any) as are referred to in the summons;
and
(b) require a person appearing at a hearing of the review for the purpose
of giving evidence either to take an oath or to make an affirmation;
and
(c) administer an oath or affirmation to a person so appearing;
and
(d) adjourn a hearing of the review from time to time.
(2) The person who applied for the review under this Division is a
competent and compellable witness upon the hearing of the review.
(3) The Commission’s power under subsection (1) to take evidence on
oath or affirmation:
(a) may be exercised on behalf of the Commission by:
(i) the presiding member; or
(ii) by another person (whether a member or not) authorised by the
presiding member; and
(b) may be exercised within or outside Australia; and
(c) must be exercised subject to any limitations specified by the
Commission.
(4) If a person is authorised under subparagraph (3)(a)(ii) to take
evidence for the purposes of a review, the person has all the powers of the
Commission under subsection (1) for the purposes of taking that
evidence.
(1) A person who requests a review under section 79T may withdraw the
request at any time before it is determined by the Commission.
(2) To withdraw the request, the person must give written notice of
withdrawal to the Secretary and the notice must be lodged at an office of the
Department in Australia.
(3) Subject to subsection 79T(2), a person who withdraws a request for
review may subsequently make another request for review of the same
decision.
Note: Subsection 79T(2) provides that a person who wants to
request a review of a decision must do so within 3 months after the person has
received notice of the decision.
20 After paragraph
119(1)(d)
Insert:
(da) a review, under Division 7 of Part IVA, of a decision of the
Commission with respect to an advance payment of an amount of pension;
21 After subsection 175(2)
Insert:
(2AAA) If the Commission under section 79U:
(a) affirms a decision of the Commission referred to in subsection 79T(1);
or
(b) sets it aside and substitutes another decision for it;
a person may apply to the Administrative Appeals Tribunal for a review of
the decision so affirmed or substituted.
22 Subsection 175(2A)
After “(2)”, insert “, (2AAA)”.
23 Paragraph 205(1)(g)
Omit “service pension”, substitute “pension under Part
II, III or IV”.
24 Paragraph 205(1AB)(a)
Omit “service pension”, substitute “pension under Part
II, III or IV”.
25 Paragraphs 205(1AB)(b) and
(c)
Omit “service”.
26 Module A of Part 2 of Schedule
6
Omit “Part IIID” (wherever occurring), substitute “Part
IVA”.
27 Application
The amendments of the Veterans’ Entitlements Act 1986 made by
this Part apply only to persons who make an application, or on whose behalf an
application is made, for an advance payment of an amount of pension or income
support supplement on or after 1 January 1998.
Part
3—War-caused and
defence-caused injuries, diseases and deaths: use of tobacco products after 31
December 1997
28 Section 5 (index)
Insert the following entries in their appropriate alphabetical positions
(determined on a letter-by-letter basis):
|
tobacco product |
5Q(1) |
|
use |
5Q(1) |
29 Subsection 5Q(1)
Insert:
tobacco product means:
(a) tobacco (in any form); or
(b) any product that:
(i) contains tobacco as its main or a substantial ingredient;
and
(ii) is not included in the Australian Register of Therapeutic Goods kept
under the Therapeutic Goods Act 1989.
30 Subsection 5Q(1)
Insert:
use, in relation to a tobacco product, includes smoke, chew
or inhale.
31 At the end of section 8
Add:
(6) Despite subsection (1), the death of a veteran is taken not to have
been war-caused if the veteran’s death is related to the veteran’s
eligible war service only because:
(a) in the case of a veteran who had not used tobacco products before 1
January 1998—the veteran used tobacco products after 31 December 1997;
or
(b) in the case of a veteran who had used tobacco products before 1
January 1998—the veteran increased his or her use of tobacco products
after 31 December 1997.
32 At the end of section 9
Add:
(7) Despite subsection (1), the injury or disease of a veteran is taken
not to have been war-caused if that injury or disease is related to the
veteran’s eligible war service only because:
(a) in the case of a veteran who had not used tobacco products before 1
January 1998—the veteran used tobacco products after 31 December 1997;
or
(b) in the case of a veteran who had used tobacco products before 1
January 1998—the veteran increased his or her use of tobacco products
after 31 December 1997.
33 After subsection 70(9)
Insert:
(9A) The Commonwealth is not liable under this section in respect
of:
(a) the death; or
(b) the incapacity from injury or disease;
of a member of the Forces, or a member of a Peacekeeping Force, if the
death, injury or disease is related to the relevant service of the member only
because:
(a) in the case of a member who had not used tobacco products before 1
January 1998—the member used tobacco products after 31 December 1997;
or
(b) in the case of a member who had used tobacco products before 1 January
1998—the member increased his or her use of tobacco products after 31
December 1997.
34 Section 5 (index)
Insert the following entry in its appropriate alphabetical position
(determined on a letter-by-letter basis):
|
Defence Force |
5C(1) |
35 Subsection 5C(1)
Insert:
Defence Force has the same meaning as in the Defence Act
1903.
36 Paragraph 7A(1)(a)
Add at the end:
(iv) rendered warlike service; or
37 Subsection 68(1) (definition of
Peacekeeping Force)
Repeal the definition, substitute:
Peacekeeping Force means a Peacekeeping Force described in an
item of Schedule 3.
38 Subsection 68(3)
Repeal the subsection, substitute:
(3) The Peacekeeping Force described in an item of Schedule 3 is
taken to have become a Peacekeeping Force for the purposes of this Part on the
day specified in column 3 of that item.
39 Paragraphs 74(3A)(a) and
(3B)(a)
Omit “Commonwealth Employees’ ” ,
substitute “Safety,”.
40 Subsection 76(6)
Omit “Commonwealth Employees’ ”, substitute
“Safety,”.
41 Schedule 3
Repeal the Schedule, substitute:
Note: See subsections 68(1) and (3).
|
Peacekeeping Forces |
||
|---|---|---|
|
|
|
Initial date as a Peacekeeping Force |
|
1 |
Security Council Commission of Investigation on the Balkans |
29 January 1947 |
|
2 |
Committee of Good Offices |
25 August 1947 |
|
3 |
United Nations Special Commission on the Balkans |
26 November 1947 |
|
4 |
United Nations Commission on Korea |
1 January 1949 |
|
5 |
United Nations Military Observer Group in India and Pakistan |
1 January 1949 |
|
6 |
United Nations Commission for Indonesia |
28 January 1949 |
|
7 |
United Nations Truce Supervision Organisation |
1 June 1956 |
|
8 |
United Nations Operations in the Congo |
1 August 1960 |
|
9 |
United Nations Yemen Observation Mission |
1 January 1963 |
|
10 |
United Nations Force in Cyprus |
14 May 1964 |
|
11 |
United Nations India-Pakistan Observation Mission |
20 September 1965 |
|
12 |
United Nations Disengagement Observer Force |
1 January 1974 |
|
13 |
United Nations Emergency Force Two |
1 July 1976 |
|
14 |
United Nations Interim Force in Lebanon |
23 March 1978 |
|
15 |
Commonwealth Monitoring Force in Zimbabwe |
24 December 1979 |
|
16 |
Sinai Multinational Force and Observers established by the Protocol between
the Arab Republic of Egypt and the State of Israel dated 3 August 1981 |
18 February 1982 |
|
17 |
United Nations Iran/Iraq Military Observer Group |
11 August 1988 |
|
18 |
United Nations Border Relief Operation in Cambodia |
1 February 1989 |
|
19 |
United Nations Transition Assistance Group Namibia |
18 February 1989 |
1 Subsection 4(1) (paragraph (f) of the
definition of Australian soldier)
Omit “lst July, 1947”, substitute “30 June
1951”.
2 Subsection 4(1) (after paragraph (gb) of the
definition of Australian soldier)
Insert:
(gc) a member of the Defence Force who is taken, because of section 6D of
the Veterans’ Entitlements Act 1986, to have rendered operational
service (within the meaning of that Act);
(gd) a member of the Defence Force:
(i) whose first service in the Defence Force began on or before
14 May 1985; and
(ii) who is taken, because of section 6E of the Veterans’
Entitlements Act 1986, to have rendered operational service (within the
meaning of that Act);
(ge) a member of the Defence Force:
(i) whose first service in the Defence Force began on or before
14 May 1985; and
(ii) who has rendered warlike service;
3 Subsection 4(1)
Insert:
warlike service has the same meaning as in the
Veterans’ Entitlements Act 1986.
1 Subsection 5(10)
Omit “and (10B)”, substitute “, (10B) and
(10C)”.
2 After subsection 5(10B)
Insert:
(10C) Despite subsection (10), this Act applies to a claim lodged before
the commencement of this subsection for compensation in respect of an injury of
a member of the Defence Force that arose out of, or in the course of, any
service that:
(a) the member rendered before 13 May 1997; but
(b) only became on that day service in respect of which provision for the
payment of pension is made by the Veterans’ Entitlements Act 1986
(because of the amendments made to that Act by Part 1 or 4 of Schedule 1 to
the Veterans’ Affairs Legislation Amendment (Budget and Compensation
Measures) Act 1997).