Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Miscellaneous Measures)
Bill 2013
No. , 2013
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' affairs and military rehabilitation and
compensation, and for other purposes
No. , 2013
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Australian Participants in British Nuclear Tests (Treatment) Act 2006
3
Defence Service Homes Act 1918
3
Military Rehabilitation and Compensation Act 2004
3
Social Security Act 1991
7
Veterans' Entitlements Act 1986
7
War Precautions Act Repeal Act 1920
11
No. , 2013
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
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 Legislation
6
Amendment (Miscellaneous Measures) Act 2013.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
No. , 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments Schedule 1
No. , 2013
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
3
Schedule 1
--
Amendments
1
2
Australian Participants in British Nuclear Tests (Treatment)
3
Act 2006
4
1 Subsection 19(2)
5
Omit "the person", substitute "the attendant".
6
2 After subsection 19(2)
7
Insert:
8
(2A) An approval under paragraph (1)(b) or an authorisation under
9
paragraph (2)(b) may be given before or after the travel is
10
completed.
11
3 Paragraph 20(1)(a)
12
Omit "this section", substitute "section 19".
13
Defence Service Homes Act 1918
14
4 Subsection 4(1) (paragraph (gb) of the definition of
15
Australian Soldier)
16
Omit "or 14", substitute ", 14 or 15".
17
5 Application provision
18
The amendment made by item 4 applies for the purposes of determining
19
a person's status as an eligible person for the purposes of the Defence
20
Service Homes Act 1918 on or after the commencement of that item.
21
Military Rehabilitation and Compensation Act 2004
22
6 Subsection 8(4)
23
Omit "disallowable instrument for the purposes of section 46A of the
24
Acts Interpretation Act 1901", substitute "legislative instrument".
25
Schedule 1 Amendments
4
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
No. , 2013
7 Subsection 11(2)
1
Omit "disallowable instrument for the purposes of section 46A of the
2
Acts Interpretation Act 1901", substitute "legislative instrument".
3
8 Section 65
4
Omit:
5
Part 7 provides for additional compensation and benefits to be
6
provided, such as compensation to modify vehicles, and
7
compensation for household and attendant care services and
8
damage to a member's medical aid. Part 7 also provides for an
9
allowance to pay for a current or former member's home phone.
10
substitute:
11
Part 7 provides for additional compensation and benefits to be
12
provided, such as compensation to modify vehicles, and
13
compensation for household and attendant care services and
14
damage to a member's medical aid. Part 7 also provides for the
15
payment of MRCA supplement.
16
9 Subsection 67(4)
17
Omit "disallowable instrument for the purposes of section 46A of the
18
Acts Interpretation Act 1901", substitute "legislative instrument".
19
10 Subsection 79(3)
20
Omit "in writing by the Minister", substitute "by the Minister by
21
legislative instrument".
22
11 Subsection 79(4)
23
Repeal the subsection.
24
12 Subsection 210(4)
25
Omit "disallowable instrument for the purposes of section 46A of the
26
Acts Interpretation Act 1901", substitute "legislative instrument".
27
Amendments Schedule 1
No. , 2013
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
5
13 Section 211
1
Omit:
2
An allowance to pay for a home phone is provided under
3
Division 4 for those who have suffered a serious impairment from
4
a service injury or disease.
5
substitute:
6
MRCA supplement is provided under Division 4.
7
14 Subsection 212(4)
8
Omit "disallowable instrument for the purposes of section 46A of the
9
Acts Interpretation Act 1901", substitute "legislative instrument".
10
15 Section 232
11
Omit:
12
The partner might be entitled to an allowance to pay for his or her
13
home phone under Division 5.
14
substitute:
15
The partner might be entitled to MRCA supplement under
16
Division 5.
17
16 Subsection 258(5)
18
After "the determination", insert ", variation or revocation".
19
17 Subsection 258(6)
20
Omit "that has been approved by the Minister is a disallowable
21
instrument for the purposes of section 46A of the Acts Interpretation
22
Act 1901", substitute "prepared by the Commission and approved by the
23
Minister is a legislative instrument made by the Minister on the day on
24
which the determination, variation or revocation is approved".
25
Schedule 1 Amendments
6
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
No. , 2013
18 Section 288
1
Omit:
2
Division 4 provides for an allowance to pay for pharmaceutical
3
benefits for those who are entitled to treatment under Part 3 of this
4
Chapter.
5
substitute:
6
Division 4 provides for MRCA supplement for those who are
7
entitled to treatment under Part 3 of this Chapter.
8
19 Subsection 328(6)
9
Omit "notice in writing", substitute "legislative instrument".
10
20 Subsection 328(7)
11
Repeal the subsection.
12
21 Subsection 340(4) (heading)
13
Repeal the heading, substitute:
14
Determination is a legislative instrument
15
22 Subsection 340(4)
16
Omit "disallowable instrument for the purposes of section 46A of the
17
Acts Interpretation Act 1901", substitute "legislative instrument".
18
23 Subsection 424(1)
19
Omit "prescribed by the regulations", substitute "prescribed in a
20
legislative instrument made by the Commission for the purposes of this
21
subsection".
22
24 Subsection 431(4)
23
Omit "disallowable instrument for the purposes of section 46A of the
24
Acts Interpretation Act 1901", substitute "legislative instrument".
25
Amendments Schedule 1
No. , 2013
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
7
Social Security Act 1991
1
25 Paragraphs 87(1)(b) and (2)(b)
2
After "Part III", insert "or IIIA".
3
26 Paragraphs 146L(1)(b) and (2)(b)
4
After "Part III", insert "or IIIA".
5
27 Paragraphs 514F(1)(b) and (2)(b)
6
After "Part III", insert "or IIIA".
7
28 Paragraphs 567E(1)(b) and (2)(b)
8
After "Part III", insert "or IIIA".
9
29 Paragraphs 592E(1)(b) and (2)(b)
10
After "Part III", insert "or IIIA".
11
30 Paragraphs 660LF(1)(b) and (2)(b)
12
After "Part III", insert "or IIIA".
13
31 Paragraphs 728PF(1)(b) and (2)(b)
14
After "Part III", insert "or IIIA".
15
32 Paragraphs 768F(1)(b) and (2)(b)
16
After "Part III", insert "or IIIA".
17
33 Paragraphs 771NZ(1)(b) and (2)(b)
18
After "Part III", insert "or IIIA".
19
34 Paragraphs 827(1)(b) and (2)(b)
20
After "Part III", insert "or IIIA".
21
Veterans' Entitlements Act 1986
22
35 Section 5 (index of definitions, entry dealing with
23
capitalised maintenance income)
24
Repeal the entry.
25
Schedule 1 Amendments
8
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
No. , 2013
36 Section 5 (index of definitions, entry dealing with cash
1
maintenance)
2
Repeal the entry.
3
37 Section 5 (index of definitions, entry dealing with child
4
support)
5
Repeal the entry.
6
38 Section 5 (index of definitions, entry dealing with
7
disability
expenses maintenance)
8
Omit "5K(5)", substitute "5K".
9
39 Section 5 (index of definitions, entry dealing with in-kind
10
housing maintenance)
11
Repeal the entry.
12
40 Section 5 (index of definitions, entry dealing with
13
investment)
14
Omit "5J(6), (6A)", substitute "5J(1), (6), (6A) and (6B)".
15
41 Section 5 (index of definitions, entry dealing with
16
maintained child)
17
Repeal the entry.
18
42 Section 5 (index of definitions, entry dealing with
19
maintenance)
20
Omit "5K(1)", substitute "5K".
21
43 Section 5 (index of definitions, entry dealing with
22
maintenance agreement)
23
Repeal the entry.
24
44 Section 5 (index of definitions, entry dealing with
25
maintenance income)
26
Omit "5K(1)", substitute "5K".
27
Amendments Schedule 1
No. , 2013
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
9
45 Section 5 (index of definitions)
1
Insert:
2
social security law
5Q(1)
46 Section 5 (index of definitions, entry dealing with special
3
maintenance income)
4
Repeal the entry.
5
47 Subsection 5H(1) (note 1 at the end of the definition of
6
ordinary income)
7
Omit "subsection 5K(1)", substitute "section 5K".
8
48 Paragraph 5H(12)(a)
9
Omit "subsection 5K(1A)", substitute "subsection (13)".
10
49 At the end of section 5H
11
Add:
12
(13) An amount is a periodic amount if it is:
13
(a) the amount of one payment in a series of related payments,
14
even if the payments are irregular in time and amount; or
15
(b) the amount of a payment making up for arrears in such a
16
series.
17
50 Section 5K
18
Repeal the section, substitute:
19
5K Maintenance income definitions
20
In this Act, the expressions disability expenses maintenance,
21
maintenance and maintenance income have the same respective
22
meanings as in the Family Assistance Act.
23
51 Subsection 5Q(1)
24
Insert:
25
social security law means:
26
(a) the Social Security Act 1991; and
27
Schedule 1 Amendments
10
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
No. , 2013
(b) the Social Security (Administration) Act 1999; and
1
(c) any other Act that is expressed to form part of the social
2
security law.
3
52 Division 10 of Part IIIB
4
Repeal the Division.
5
53 Subsection 86(5)
6
After "for that injury", insert "or disease".
7
54 Paragraph 98(4B)(b)
8
Repeal the paragraph, substitute:
9
(b) would be payable to a person because the person is caring for
10
the veteran, apart from:
11
(i) the payment being suspended under the social security
12
law; or
13
(ii) the rate of the payment being nil because of action taken
14
in relation to the payment under Chapter 5 of the Social
15
Security Act 1991 (about overpayments and debt
16
recovery).
17
55 Subsection 106(1)
18
Omit "prescribed", substitute "prescribed in a legislative instrument
19
made by the Commission for the purposes of this subsection".
20
56 Paragraph 110(2)(b)
21
Omit "authorizes", substitute "authorises".
22
57 After subsection 110(2)
23
Insert:
24
(2A) An approval under subsection (1) or an authorisation under
25
paragraph (2)(b) may be given before or after the travel is
26
completed.
27
58 Subsection 110(4)
28
Omit "authorize", substitute "authorise".
29
Amendments Schedule 1
No. , 2013
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
11
59 Paragraph 205(1)(a)
1
Omit "a provision of this Act or of the Regulations", substitute "this
2
Act, the regulations or any other legislative instrument made under this
3
Act".
4
60 Point SCH6-C13 of Schedule 6 (method statement, step 6)
5
Omit "0.4", substitute "0.5".
6
61 Application and saving provisions
7
(1)
The amendment made by item 54 applies in relation to working out if
8
attendant allowance is payable to a veteran in respect of days occurring
9
on or after the day that item commences.
10
(2)
Regulations in force for the purposes of subsection 106(1) of the
11
Veterans' Entitlements Act 1986 immediately before the
12
commencement of this item have effect after that commencement as if
13
they were a legislative instrument made by the Commission under that
14
subsection.
15
(3)
The amendment made by item 59 applies in relation to failures or
16
omissions occurring on or after the day after that item commences.
17
War Precautions Act Repeal Act 1920
18
62 Title
19
Omit "repeal the War Precautions Act 1914-1918 and to provide for
20
certain matters arising out of such repeal, and for other purposes",
21
substitute "provide for the protection of the word 'Anzac', and for
22
related purposes".
23
63 Section 1
24
Omit "War Precautions Act Repeal Act 1920", substitute "Protection of
25
Word 'Anzac' Act 1920".
26
Note:
This item amends the short title of the Act. If another amendment of the Act is
27
described by reference to the Act's previous short title, that other amendment has effect
28
after the commencement of this item as an amendment of the Act under its amended
29
short title (see section 10 of the Acts Interpretation Act 1901).
30
Schedule 1 Amendments
12
Veterans' Affairs Legislation Amendment (Miscellaneous Measures)
Bill 2013
No. , 2013
64 Section 2
1
Repeal the section.
2
65 Before section 11
3
Omit:
4
Amendments of Crimes Act 1914-1915
5
66 Sections 11 to 13
6
Repeal the sections.
7
67 Before section 22
8
Omit:
9
Loans
10
Miscellaneous
11
[Index] [Search] [Download] [Related Items] [Help]