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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Omnibus) Bill 2018
No. , 2018
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' affairs and military rehabilitation and
compensation, and for related purposes
No. , 2018
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Claims by Chief of Defence Force on behalf of
persons
3
Military Rehabilitation and Compensation Act 2004
3
Schedule 2--Obtaining information
4
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
4
Schedule 3--Exempt lump sums
7
Veterans' Entitlements Act 1986
7
No. , 2018
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018
1
A Bill for an Act to amend the law relating to
1
veterans' affairs and military rehabilitation and
2
compensation, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Veterans' Affairs Legislation Amendment
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(Omnibus) Act 2018.
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2 Commencement
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(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 Legislation Amendment (Omnibus) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after 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.
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Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation 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
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according to its terms.
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Claims by Chief of Defence Force on behalf of persons Schedule 1
No. , 2018
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018
3
Schedule 1--Claims by Chief of Defence
1
Force on behalf of persons
2
3
Military Rehabilitation and Compensation Act 2004
4
1 Subsection 319(3)
5
After "in respect of a person", insert "(except a claim made by the Chief
6
of the Defence Force on behalf of the person)".
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2 After subsection 320(2)
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Insert:
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(2A) Without limiting paragraph (2)(a), the person may approve the
10
Chief of the Defence Force making a claim on behalf of the person
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if:
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(a) the person is a member of the Defence Force; and
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(b) the claim is for acceptance of liability by the Commission for
14
a service injury sustained by the person or a service disease
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contracted by the person.
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(2B) However, if the person approves the Chief of the Defence Force
17
making a claim as mentioned in subsection (2A), the Chief of the
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Defence Force is not required to make the claim on behalf of the
19
person.
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3 Application provision
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The amendment of section 320 of the Military Rehabilitation and
22
Compensation Act 2004 made by this Schedule applies in relation to a
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service injury sustained by the person, or a service disease contracted by
24
the person, on or after the commencement of this item.
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Schedule 2 Obtaining information
4
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018
No. , 2018
Schedule 2--Obtaining information
1
2
Safety, Rehabilitation and Compensation (Defence-related
3
Claims) Act 1988
4
1 Section 151
5
Repeal the section, substitute:
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151 MRCC may obtain information etc.
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(1) The MRCC may give a written notice to any person requiring the
8
person, for the purposes of this Act:
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(a) to provide the MRCC (or a specified staff member assisting
10
the MRCC) such information as the MRCC requires; or
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(b) to produce to the MRCC (or a specified staff member
12
assisting the MRCC) any documents in the custody or under
13
the control of the person; or
14
(c) to appear before a specified staff member assisting the
15
MRCC to answer questions.
16
(2) To avoid doubt, the person given the notice may be:
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(a) the Secretary of the Defence Department; or
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(b) the Secretary of the Department; or
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(c) the Chief of the Defence Force; or
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(d) a person employed:
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(i) in or in connection with a Department of the
22
Commonwealth, a State or Territory; or
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(ii) by any authority of the Commonwealth, a State or
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Territory.
25
(3) The notice must specify:
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(a) if paragraph (1)(a) or (b) applies:
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(i) the period within which the person must comply with
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the notice; and
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(ii) the manner in which the person must comply with the
30
notice; or
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(b) if paragraph (1)(c) applies:
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Obtaining information Schedule 2
No. , 2018
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018
5
(i) the time at which the person must appear before the
1
staff member; and
2
(ii) the place at which the person must appear before the
3
staff member.
4
(4) The specified period or the specified time mentioned in
5
subsection (3) must be at least 14 days after the notice is given.
6
(5) The MRCC may require the information or answers to be verified
7
by, or given on, oath or affirmation and either orally or in writing.
8
(6) A staff member to whom information or answers are verified or
9
given may administer the oath or affirmation.
10
(7) This section does not require a person to give information, produce
11
a document or give evidence to the extent that, in doing so, the
12
person would contravene a law of the Commonwealth (not being a
13
law of a Territory).
14
Note:
A law of a State or Territory cannot prevent a person from giving
15
information, producing documents or giving evidence for the purposes
16
of this Act (see section 151A).
17
(8) This section binds the Crown in each of its capacities, but does not
18
make the Crown liable to be prosecuted for an offence.
19
(9) A person commits an offence if the person fails to comply with a
20
notice under this section.
21
Penalty: 10 penalty units.
22
(10) An offence against subsection (9) is an offence of strict liability.
23
(11) Subsection (9) does not apply to the extent that the person is not
24
capable of complying with the notice.
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Note:
The defendant bears an evidential burden in relation to the matter in
26
subsection (11) (see subsection 13.3(3) of the Criminal Code).
27
151AA Self-incrimination
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(1) An individual is not excused from giving information or evidence,
29
or producing a document, under section 151 on the ground that the
30
information or evidence, or the production of the document, might
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tend to incriminate the individual or expose the individual to a
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penalty.
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Schedule 2 Obtaining information
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Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018
No. , 2018
(2) However:
1
(a) the information or evidence given or the document produced;
2
and
3
(b) giving the information or evidence or producing the
4
document; and
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(c) any information, document or thing obtained as a direct or
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indirect consequence of giving the information or evidence or
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producing the document;
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are not admissible in evidence against the individual in any
9
proceedings, other than proceedings for an offence against
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section 137.1 or 137.2 of the Criminal Code that relates to this Act.
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2 Before subsection 151A(1)
12
Insert:
13
(1AA) Nothing in a law of a State or Territory operates to prevent a
14
person from giving information, producing documents or giving
15
evidence for the purposes of this Act.
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3 Application provision
17
The amendments made by this Schedule apply in relation to a notice
18
given under subsection 151(1) of the Safety, Rehabilitation and
19
Compensation (Defence-related Claims) Act 1988 on or after the
20
commencement of this item.
21
Exempt lump sums Schedule 3
No. , 2018
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018
7
Schedule 3--Exempt lump sums
1
2
Veterans' Entitlements Act 1986
3
1 Subsection 5H(1) (definition of exempt lump sum)
4
Omit "subsection (12)", substitute "subsections (12) and (12A)".
5
2 Subsection 5H(1) (note 1 to the definition of ordinary
6
income)
7
Omit "subsection (12)", substitute "subsections (12) and (12A)".
8
3 After subsection 5H(12)
9
Insert:
10
(12A) An amount received by a person is also an exempt lump sum if the
11
amount is an exempt lump sum within the meaning of
12
subsection 8(11) of the Social Security Act 1991.
13
4 Subsection 5Q(1) (definition of exempt lump sum)
14
Omit "subsection 5H(12)", substitute "subsections 5H(12) and (12A)".
15
5 Subparagraph 52ZZM(1)(c)(iii)
16
Repeal the subparagraph, substitute:
17
(iii) subsections 5H(12) and (12A);
18
6 Subparagraph 52ZZZM(2)(c)(iii)
19
Repeal the subparagraph, substitute:
20
(iii) subsections 5H(12) and (12A);
21
7 Application provision
22
The amendments made by this Schedule apply in relation to an amount
23
received on or after the commencement of this item.
24