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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Veterans’
Affairs Legislation Amendment Bill (No. 1)
1999
No. ,
1999
(Veterans’
Affairs)
A Bill for an Act to amend the
Veterans’ Entitlements Act 1986 and other legislation, and for
related purposes
ISBN: 0642 404596
Contents
Veterans’ Entitlements Act
1986 3
Veterans’ Entitlements Act
1986 6
Veterans’ Entitlements Act
1986 7
Veterans’ Entitlements Act
1986 8
Defence Service Homes Act
1918 9
Defence Service Homes Act
1918 14
Veterans’ Entitlements Act
1986 14
A Bill for an Act to amend the Veterans’
Entitlements Act 1986 and other legislation, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Veterans’ Affairs Legislation
Amendment Act (No. 1) 1999.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedules 1 and 3 commence, or are taken to have commenced, on 1
January 2000.
(3) Schedule 4 is taken to have commenced immediately after the
commencement of item 132 of Schedule 1 to the Veterans’ Affairs
Legislation Amendment (Budget and Compensation Measures) Act 1997.
(4) Items 6 and 7 of Schedule 6 are taken to have commenced immediately
after the commencement of item 126 of Schedule 1 to the Veterans’
Affairs Legislation Amendment (Budget and Compensation Measures) Act
1997.
(5) Item 8 of Schedule 6 is taken to have commenced immediately after the
commencement of section 7 of the Veterans’ Affairs Legislation
Amendment Act (No. 2) 1994.
(6) Items 9 to 13 of Schedule 6 are taken to have commenced immediately
after the commencement of section 67 of the Veterans’ Affairs
Legislation Amendment Act 1990.
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Act is amended or repealed as set out in the applicable items in the Schedule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.
The Governor-General may make regulations providing for matters of a
transitional nature (including providing for any saving or application
provision) arising out of amendments of the Veterans’ Entitlements Act
1986 made by this Act.
Veterans’
Entitlements Act 1986
1 Paragraph 37(1)(c)
Repeal the paragraph, substitute:
(c) is permanently incapacitated for work in accordance with a
determination under section 37AA.
2 Subsection 37(2)
Repeal the subsection.
3 After section 37
Insert:
(1) The Commission must, by written determination, specify the
circumstances in which persons are permanently incapacitated for work for the
purposes of paragraph 37(1)(c).
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a
determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
4 Subparagraph
45A(1)(b)(iii)
Repeal the subparagraph, substitute:
(iii) is permanently incapacitated for work in accordance with a
determination under section 45AA; or
5 Subsection 45A(3)
Repeal the subsection.
6 After section 45A
Insert:
(1) The Commission must, by written determination, specify the
circumstances in which persons are permanently incapacitated for work for the
purposes of subparagraph 45A(1)(b)(iii).
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a
determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
7 At the end of section 53A
Add:
(2) If:
(a) a person is receiving an invalidity service pension; and
(b) the person ceases to be eligible for that pension because the person
ceases to be permanently incapacitated for work; and
(c) the circumstances in which the person ceases to be permanently
incapacitated for work are continued fringe benefits eligibility circumstances
in accordance with a determination under section 53B;
the person remains eligible for fringe benefits for the shorter of the
following periods:
(d) the period those continued fringe benefits eligibility circumstances
continue to exist;
(e) the period of 12 months beginning on the day the person ceased to be
eligible for that pension.
8 After section 53A
Insert:
(1) The Commission must, by written determination, state that specified
circumstances in which persons cease to be permanently incapacitated for work
are continued fringe benefits eligibility circumstances for the purposes of
subsection 53A(2).
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a
determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Veterans’
Entitlements Act 1986
1 After section 88
Insert:
(1) The Commission may, by written determination, state that a veteran
included in a specified class is eligible to be provided with treatment of a
specified kind under this Part.
Variation or revocation
(2) The Commission may, by written determination, vary or revoke a
determination under subsection (1).
Disallowable instrument
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
2 Subsection 90(8)
Omit “87 or 88”, substitute “87, 88 or
88A”.
Veterans’
Entitlements Act 1986
1 Subsection 116(1) (paragraph (b) of the
definition of eligible child of a member of the Forces, or of a member
of a Peacekeeping Force)
Repeal the paragraph, substitute:
(b) a child of a member of the Forces, or of a member of a Peacekeeping
Force, being a member:
(i) to whom subsection 22(4) or section 24 applies; or
(ii) who is in receipt of a pension under Part IV in respect of incapacity
of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection
27(1).
2 Subsection 116(1) (paragraph (b) of the
definition of eligible child of a veteran)
Repeal the paragraph, substitute:
(b) a child of a veteran, being a veteran:
(i) to whom subsection 22(4) or section 24 applies; or
(ii) who is in receipt of a pension under Part II in respect of incapacity
of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
or
Veterans’
Entitlements Act 1986
1 Subsection 68(1) (definition of
Peacekeeping Force)
Repeal the definition, substitute:
Peacekeeping Force means:
(a) a Peacekeeping Force described in an item of Schedule 3; or
(b) a force raised or organised for the purpose of:
(i) peacekeeping in an area outside Australia; or
(ii) observing or monitoring any activities of persons in an area outside
Australia that may lead to an outbreak of hostilities;
being a force that is designated by the Minister, by notice published in
the Gazette, as a Peacekeeping Force for the purposes of this
Part.
2 After subsection 68(3)
Insert:
(3A) A force designated by notice published in the Gazette, in
accordance with paragraph (b) of the definition of Peacekeeping
Force in subsection 68(1), as a Peacekeeping Force is taken to
have become a Peacekeeping Force for the purposes of this Part on the date
specified in the notice as the date on which it is to become, or is taken to
have become, a Peacekeeping Force for the purposes of this Part.
Defence
Service Homes Act 1918
1 At the end of the title
Add “, or for other purposes”.
2 Subsection 4(1)
Insert:
eligible veteran means:
(a) a person covered by paragraph (a) of the definition of
veteran in subsection 5C(1) of the Veterans’ Entitlements
Act 1986; or
(b) a member of the Forces (within the meaning of subsection 68(1) of that
Act); or
(c) a member of a Peacekeeping Force (within the meaning of subsection
68(1) of that Act); or
(d) a widow or widower (within the meaning of subsection 5E(1) of that
Act) of a person covered by paragraph (a), (b) or (c) of this
definition.
3 Subsection 4(1)
Insert:
home support advance means a subsidised advance to a person
referred to in section 21A for a purpose referred to in that section.
4 Subsection 4(1) (definition of further
advance)
Omit “or an advance for essential repairs”, substitute “,
an advance for essential repairs or a home support advance”.
5 Subsection 16(1)
After “eligible person”, insert “or is an eligible
veteran”.
6 Subsection 16(2)
After “eligible person”, insert “or eligible veteran, as
the case may be”.
7 Subsection 18(6)
Omit “or an advance for essential repairs”, substitute “,
an advance for essential repairs or a home support advance”.
Note: The heading to section 18 is altered by omitting
“and advances for essential repairs” and substituting
“, advances for essential repairs and home support
advances”.
8 Section 19
After “subsidised advance”, insert “(other than a home
support advance)”.
9 After section 21
Insert:
The Secretary must not issue a certificate of entitlement in relation to
subsidy on a home support advance that a person may seek from the Bank unless
the Secretary is satisfied that:
(a) the person is an eligible person (disregarding subsection 4(2C)) or is
an eligible veteran; and
(b) either:
(i) the person is the owner of a dwelling-house; or
(ii) the person has a right of residence in a retirement village;
and
(c) the advance is for a purpose related to the dwelling-house or the
right of residence in the retirement village (other than for a purpose mentioned
in paragraph 18(2)(a), (b), (c), (d), (f), (h) or (k)) that will assist the
person to remain independently housed; and
(d) if a certificate of entitlement has been issued to the person in
relation to an initial advance, an additional advance or a further
advance—an advance has been made by the Bank in accordance with the
certificate or an advance that would be in accordance with the certificate has
been refused by the Bank; and
(e) if the person is liable to pay the outstanding amount of any one or
more of the following:
(i) an initial advance;
(ii) an additional advance;
(iii) a further advance;
the sum of those outstanding amounts is less than $10,000; and
(f) a certificate of entitlement that relates to an initial advance, an
additional advance or a further advance could not be issued to the person in
respect of the application concerned.
10 Subsection 22(3)
After “section”, insert “(other than one that relates to
a home support advance)”.
11 After subsection 22(3)
Insert:
(3A) A certificate of entitlement under this section that relates to a
home support advance may be issued only to a proposed transferee who is an
eligible person or an eligible veteran.
12 Subsection 22(6)
After “eligible person”, insert “or an eligible
veteran”.
13 Paragraph 23(1)(b)
After “eligible person”, insert “or is an eligible
veteran”.
14 Subparagraph
23A(2)(a)(i)
After “eligible persons”, insert “or eligible
veterans”.
15 Subparagraph
23A(2)(c)(i)
After “paragraph 18(2)(l) or (3)(g)”, insert “or
21A(c)”.
16 Paragraph 23A(5)(a)
Repeal the paragraph, substitute:
(a) specify the maximum amount in respect of which subsidy is payable,
being the amount specified under paragraph 17(3)(a) in the certificate of
entitlement mentioned in paragraph (2)(c) of this section.
17 At the end of subsection
25(1)
Add:
; or (e) in the case of a home support advance—such amount as the
Secretary determines is necessary to give effect to the purpose for which the
advance is made, being an amount that is not more than:
(i) if no previous home support advances have been made to the
person—$10,000; or
(ii) if any previous home support advances have been made to the
person—$10,000 reduced by the sum of those previous advances.
18 After section 35
Insert:
The rate of interest that must be specified under paragraph 17(3)(d) in a
certificate of entitlement in relation to a home support advance that a person
may seek from the Bank is 6.85% per year.
19 Paragraph 36(1)(a)
After “initial advance”, insert “or of a home support
advance”.
20 Paragraph 38C(1)(ga)
After “eligible person”, insert “or an eligible
veteran”.
21 Subparagraph
38E(1)(a)(iii)
After “eligible person”, insert “or an eligible
veteran”.
22 Subsection 38E(4)
Omit “If subparagraph (1)(a)(iii) applies, and the person who
died”, substitute “If this section applies where an eligible person
dies, and the person”.
23 At the end of section
38E
Add:
(5) If this section applies where an eligible veteran dies, and he or she
is survived by a widow or widower (within the meaning of subsection 5E(1) of the
Veterans’ Entitlements Act 1986), the Secretary must not give a
notice under paragraph (2)(b) in relation to the dwelling-house.
Defence
Service Homes Act 1918
1 Subsection 4D(2)
Omit “23A(2)”, substitute “23AA(2)”.
2 Section 23A (second
occurring)
Renumber as section 23AA.
3 Section 23E
Omit “23A”, substitute “23AA”.
4 Subsection 23G(1)
Omit “23A”, substitute “23AA”.
5 Subsections 23J(1) and
(2)
Omit “23A”, substitute “23AA”.
Veterans’
Entitlements Act 1986
6 Subsection 37(2A)
Repeal the subsection.
Insert:
If:
(a) a person is receiving an invalidity service pension; and
(b) the person ceases to be permanently incapacitated for work while, or
as a result of, undertaking a rehabilitation program under the Veterans’
Vocational Rehabilitation Scheme;
the person does not cease to be eligible for the invalidity service pension
from the time at which the person ceases to be permanently incapacitated for
work until the end of the period of 5 years mentioned in subsection
115G(2).
8 Subsection 37E(1)
Repeal the subsection, substitute:
(1) A veteran may not claim an invalidity service pension if he has turned
65 or she has reached pension age (within the meaning of subsections 5QB(3), (4)
and (5)).
9 Subsection 116(1) (at the end of subparagraph
(a)(i) of the definition of eligible child of a member of the Forces,
or of a member of a Peacekeeping Force)
Add “or”.
10 Subsection 116(1) (subparagraph (a)(ii) of
the definition of eligible child of a member of the Forces, or of a
member of a Peacekeeping Force)
Repeal the subparagraph, substitute:
(ii) who was, immediately before his or her death, a member to whom
subsection 22(4) or section 24 applied; or
11 Subsection 116(1) (at the end of subparagraph
(a)(i) of the definition of eligible child of a
veteran)
Add “or”.
12 Subsection 116(1) (subparagraph (a)(ii) of
the definition of eligible child of a
veteran)
Repeal the subparagraph, substitute:
(ii) who was, immediately before his or her death, a veteran to whom
subsection 22(4) or section 24 applied; or
13 Subsections 116(2) and
(3)
Repeal the subsections, substitute:
(2) If, after the death of a member of the Forces, or of a member of a
Peacekeeping Force, a pension is granted in respect of the member under Part IV,
or the rate of the pension granted to the member under Part IV is increased, as
from a date before the death of the member in circumstances where:
(a) subsection 22(4) or section 24 applied to the member; or
(b) the member was suffering from an incapacity of a kind described in
item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
then, the member is taken, for the purposes of the definition of
eligible child of a member of the Forces, or of a member of a Peacekeeping
Force in subsection (1), to have been:
(c) if paragraph (a) applies—a member to whom subsection 22(4) or
section 24 applied immediately before his or her death; or
(d) if paragraph (b) applies—in receipt of that pension or of
pension at that increased rate, as the case may be, immediately before his or
her death.
(3) If, after the death of a veteran, a pension is granted in respect of
the veteran under Part II, or the rate of the pension granted to the veteran
under Part II is increased, as from a date before the death of the veteran in
circumstances where:
(a) subsection 22(4) or section 24 applied to the veteran; or
(b) the veteran was suffering from an incapacity of a kind described in
item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1);
then, the veteran is taken, for the purposes of the definition of
eligible child of a veteran in subsection (1), to have
been:
(c) if paragraph (a) applies—a veteran to whom subsection 22(4) or
section 24 applied immediately before his or her death; or
(d) if paragraph (b) applies—in receipt of that pension or of
pension at that increased rate, as the case may be, immediately before his or
her death.