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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Partner Service Pension
and Other Measures) Bill 2019
No. , 2019
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' affairs, and for related purposes
No. , 2019
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Extended eligibility for partner service pension
3
Veterans' Entitlements Act 1986
3
Schedule 2--Extended service on submarine special operations
11
Veterans' Entitlements Act 1986
11
Schedule 3--Other amendments
12
Defence Service Homes Act 1918
12
Veterans' Entitlements Act 1986
12
No. , 2019
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
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 is the Veterans' Affairs Legislation Amendment (Partner
5
Service Pension and Other Measures) Act 2019.
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 (Partner Service Pension and
Other Measures) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
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. Schedule 1
20 September 2019.
20 September
2019
3. Schedule 2
1 July 2019.
1 July 2019
4. Schedule 3
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.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
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
10
according to its terms.
11
Extended eligibility for partner service pension Schedule 1
No. , 2019
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
3
Schedule 1--Extended eligibility for partner
1
service pension
2
3
Veterans' Entitlements Act 1986
4
1 Paragraph 38(1)(b)
5
After "is a person", insert "in relation to whom the following apply".
6
2 Subparagraph 38(1)(b)(i)
7
Repeal the subparagraph, substitute:
8
(i) subsection (1AA) applies to the person;
9
3 Subparagraph 38(1)(b)(ii)
10
Omit "whose non-illness separated spouse", substitute "the veteran".
11
4 Paragraph 38(1)(c)
12
After "is a person", insert "in relation to whom the following apply".
13
5 Subparagraph 38(1)(c)(i)
14
Repeal the subparagraph, substitute:
15
(i) the person is an eligible person in relation to a veteran
16
who has died (see subsection (1AB));
17
6 Subparagraph 38(1)(c)(ia)
18
Omit "whose partner or non-illness separated spouse", substitute "the
19
veteran".
20
7 Subparagraph 38(1)(c)(ia)
21
Omit "and".
22
8 Subparagraph 38(1)(c)(ii)
23
Omit "who", substitute "the person".
24
9 Paragraph 38(1)(d)
25
After "is a person", insert "in relation to whom the following apply".
26
Schedule 1 Extended eligibility for partner service pension
4
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
No. , 2019
10 Subparagraph 38(1)(d)(i)
1
Repeal the subparagraph, substitute:
2
(i) the person is an eligible person in relation to a veteran
3
who has died (see subsection (1AB));
4
11 Subparagraph 38(1)(d)(ii)
5
Omit "who", substitute "the person".
6
12 Subparagraph 38(1)(d)(ii)
7
Omit "and".
8
13 Subparagraph 38(1)(d)(iii)
9
Omit "whose partner or non-illness separated spouse", substitute "the
10
veteran".
11
14 Paragraph 38(1)(e)
12
After "is a person", insert "in relation to whom the following apply".
13
15 Subparagraph 38(1)(e)(i)
14
Repeal the subparagraph, substitute:
15
(i) the person is an eligible person in relation to a veteran
16
who has died (see subsection (1AB)) and who has
17
rendered qualifying service;
18
16 Subparagraph 38(1)(e)(ii)
19
Omit "who", substitute "the person".
20
17 Paragraph 38(1)(g)
21
After "is a person", insert "in relation to whom the following apply".
22
18 Subparagraph 38(1)(g)(i)
23
Repeal the subparagraph, substitute:
24
(i) subsection (1AA) applies to the person;
25
19 Subparagraph 38(1)(g)(ii)
26
Omit "whose non-illness separated spouse", substitute "the veteran".
27
Extended eligibility for partner service pension Schedule 1
No. , 2019
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
5
20 Paragraph 38(1)(h)
1
After "is a person", insert "in relation to whom the following apply".
2
21 Subparagraph 38(1)(h)(i)
3
Repeal the subparagraph, substitute:
4
(i) the person is an eligible person in relation to a veteran
5
who has died (see subsection (1AB));
6
22 Subparagraph 38(1)(h)(ii)
7
Omit "whose partner or non-illness separated spouse", substitute "the
8
veteran".
9
23 Subparagraph 38(1)(h)(ii)
10
Omit "and".
11
24 Subparagraph 38(1)(h)(iii)
12
Omit "who", substitute "the person".
13
25 Paragraph 38(1)(i)
14
After "is a person", insert "in relation to whom the following apply".
15
26 Subparagraph 38(1)(i)(i)
16
Repeal the subparagraph, substitute:
17
(i) the person is an eligible person in relation to a veteran
18
who has died (see subsection (1AB));
19
27 Subparagraph 38(1)(i)(ii)
20
Omit "who", substitute "the person".
21
28 Subparagraph 38(1)(i)(ii)
22
Omit "and".
23
29 Subparagraph 38(1)(i)(iii)
24
Omit "whose partner or non-illness separated spouse", substitute "the
25
veteran".
26
Schedule 1 Extended eligibility for partner service pension
6
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
No. , 2019
30 After subsection 38(1)
1
Insert:
2
(1AA) This subsection applies to a person if:
3
(a) the person is the non-illness separated spouse of a veteran; or
4
(b) the following apply:
5
(i) a relationship between the person and a veteran
6
(whether of the same sex or a different sex) is registered
7
under a law of a State or Territory prescribed for the
8
purposes of section 2E of the Acts Interpretation Act
9
1901 as a kind of relationship prescribed for the
10
purposes of that section;
11
(ii) the person and the veteran have separated and the
12
person is living separately and apart from the veteran on
13
a permanent basis;
14
(iii) the separation has not resulted in a determination under
15
subsection 5R(5); or
16
(c) the following apply:
17
(i) the person and a veteran were, in the Commission's
18
opinion (formed as mentioned in section 11A), in a de
19
facto relationship;
20
(ii) the person and the veteran have separated and the
21
person is living separately and apart from the veteran on
22
a permanent basis;
23
(iii) the separation has not resulted in a determination under
24
subsection 5R(5);
25
(iv) the person and the veteran are not within a prohibited
26
relationship; or
27
(d) the following apply:
28
(i) the person becomes divorced from a veteran;
29
(ii) immediately before the divorce, paragraph (a) applied in
30
relation to the person and the veteran; or
31
(e) the following apply:
32
(i) a relationship, described in subparagraph (b)(i), between
33
the person and a veteran ceases to be registered under a
34
law of the State or Territory concerned;
35
(ii) immediately before the cessation, paragraph (b) applied
36
in relation to the person and the veteran.
37
Extended eligibility for partner service pension Schedule 1
No. , 2019
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
7
(1AB) For the purposes of this section, a person is an eligible person in
1
relation to a veteran who has died if:
2
(a) the person is the widow or widower of the veteran; or
3
(b) the following apply:
4
(i) immediately before the veteran died, a relationship
5
between the person and the veteran (whether of the
6
same sex or a different sex) was registered under a law
7
of a State or Territory prescribed for the purposes of
8
section 2E of the Acts Interpretation Act 1901 as a kind
9
of relationship prescribed for the purposes of that
10
section;
11
(ii) immediately before the veteran died, the person was
12
living separately and apart from the veteran on a
13
permanent basis;
14
(iii) the person has not been a member of a couple at any
15
time on or after the first day on which the person was
16
living separately and apart from the veteran on a
17
permanent basis and before the veteran's death; or
18
(c) the following apply:
19
(i) at any time before the veteran's death, the person and
20
the veteran were, in the Commission's opinion (formed
21
as mentioned in section 11A), in a de facto relationship;
22
(ii) immediately before the veteran died, the person was
23
living separately and apart from the veteran on a
24
permanent basis;
25
(iii) immediately before the veteran died, the person and the
26
veteran were not within a prohibited relationship;
27
(iv) the person has not been a member of a couple at any
28
time on or after the first day on which the person was
29
living separately and apart from the veteran on a
30
permanent basis and before the veteran's death; or
31
(d) the following apply:
32
(i) at any time before the veteran's death, the person
33
became divorced from the veteran;
34
(ii) immediately before the divorce, paragraph (1AA)(a)
35
applied in relation to the person and the veteran;
36
(iii) the person has not been a member of a couple at any
37
time on or after the first day on which the person was
38
Schedule 1 Extended eligibility for partner service pension
8
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
No. , 2019
living separately and apart from the veteran on a
1
permanent basis and before the veteran's death; or
2
(e) the following apply:
3
(i) at any time before the veteran's death, a relationship,
4
described in subparagraph (b)(i), between the person
5
and the veteran ceased to be registered under a law of
6
the State or Territory concerned;
7
(ii) immediately before the cessation, paragraph (1AA)(b)
8
applied in relation to the person and the veteran;
9
(iii) the person has not been a member of a couple at any
10
time on or after the first day on which the person was
11
living separately and apart from the veteran on a
12
permanent basis and before the veteran's death.
13
31 Subsection 38(2A)
14
Repeal the subsection, substitute:
15
(2A) A person's eligibility under paragraph (1)(b), (c), (d), (e), (g), (h)
16
or (i) ceases if the person becomes a member of a couple.
17
Note:
The person may become eligible for partner service pension under
18
paragraph (1)(a), (aa) or (f).
19
32 Subsections 38(2B), (3) and (3A)
20
Repeal the subsections.
21
33 Application provisions
22
(1)
The amendments made by this Schedule apply in relation to working
23
out eligibility for partner service pension for days on or after the
24
commencement of this item.
25
(2)
For the purposes of subitem (1), paragraph 38(1AA)(b) of the Veterans'
26
Entitlements Act 1986, as inserted by this Schedule, applies in relation
27
to:
28
(a) a relationship registered before, on or after the
29
commencement of this item; and
30
(b) a separation occurring on or after the commencement of this
31
item.
32
Extended eligibility for partner service pension Schedule 1
No. , 2019
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
9
(3)
For the purposes of subitem (1), paragraph 38(1AA)(c) of the Veterans'
1
Entitlements Act 1986, as inserted by this Schedule, applies in relation
2
to:
3
(a) a de facto relationship entered into before, on or after the
4
commencement of this item; and
5
(b) a separation occurring on or after the commencement of this
6
item.
7
(4)
For the purposes of subitem (1), paragraph 38(1AA)(d) of the Veterans'
8
Entitlements Act 1986, as inserted by this Schedule, applies in relation
9
to:
10
(a) a divorce occurring on or after the commencement of this
11
item; and
12
(b) a separation occurring before, on or after the commencement
13
of this item.
14
(5)
For the purposes of subitem (1), paragraph 38(1AA)(e) of the Veterans'
15
Entitlements Act 1986, as inserted by this Schedule, applies in relation
16
to:
17
(a) a relationship ceasing to be registered on or after the
18
commencement of this item; and
19
(b) a separation occurring on or after the commencement of this
20
item.
21
(6)
For the purposes of subitem (1), paragraph 38(1AB)(b) of the Veterans'
22
Entitlements Act 1986, as inserted by this Schedule, applies in relation
23
to:
24
(a) the death of a veteran occurring on or after the
25
commencement of this item; and
26
(b) a relationship registered before, on or after the
27
commencement of this item; and
28
(c) a separation occurring on or after the commencement of this
29
item.
30
(7)
For the purposes of subitem (1), paragraph 38(1AB)(c) of the Veterans'
31
Entitlements Act 1986, as inserted by this Schedule, applies in relation
32
to:
33
(a) the death of a veteran occurring on or after the
34
commencement of this item; and
35
Schedule 1 Extended eligibility for partner service pension
10
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
No. , 2019
(b) a de facto relationship entered into before, on or after the
1
commencement of this item; and
2
(c) a separation occurring on or after the commencement of this
3
item.
4
(8)
For the purposes of subitem (1), paragraph 38(1AB)(d) of the Veterans'
5
Entitlements Act 1986, as inserted by this Schedule, applies in relation
6
to:
7
(a) the death of a veteran occurring on or after the
8
commencement of this item; and
9
(b) a divorce occurring on or after the commencement of this
10
item; and
11
(c) a separation occurring before, on or after the commencement
12
of this item.
13
(9)
For the purposes of subitem (1), paragraph 38(1AB)(e) of the Veterans'
14
Entitlements Act 1986, as inserted by this Schedule, applies in relation
15
to:
16
(a) the death of a veteran occurring on or after the
17
commencement of this item; and
18
(b) a relationship ceasing to be registered on or after the
19
commencement of this item; and
20
(c) a separation occurring on or after the commencement of this
21
item.
22
Extended service on submarine special operations Schedule 2
No. , 2019
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
11
Schedule 2--Extended service on submarine
1
special operations
2
3
Veterans' Entitlements Act 1986
4
1 Section 6 (table item 4B)
5
Omit "from 1978 to 1992".
6
2 Section 6DB (heading)
7
Omit "from 1978 to 1992".
8
3 Paragraphs 6DB(a) and (b)
9
Omit "31 December 1992", substitute "12 May 1997".
10
4 Subparagraphs 7A(1)(a)(v) and (vi)
11
Omit "31 December 1992", substitute "12 May 1997".
12
Schedule 3 Other amendments
12
Veterans' Affairs Legislation Amendment (Partner Service Pension and
Other Measures) Bill 2019
No. , 2019
Schedule 3--Other amendments
1
2
Defence Service Homes Act 1918
3
1 Subsection 4(1) (definition of widow)
4
Omit "includes a woman who was a de facto partner of", substitute
5
"means a woman who was legally married to, or a de facto partner of,".
6
2 Subsection 4(1) (definition of widower)
7
Omit "includes a man who was a de facto partner of", substitute "means
8
a man who was legally married to, or a de facto partner of,".
9
3 At the end of subsections 20(1) and 23(1)
10
Add:
11
Note:
Paragraph (a)--see the definitions of widow and widower in
12
subsection 4(1). Widowed parent has a corresponding meaning: see
13
section 18A (parts of speech and grammatical forms) of the Acts
14
Interpretation Act 1901.
15
Veterans' Entitlements Act 1986
16
4 Subsection 5E(1) (paragraph (b) of the definition of
17
non-illness separated spouse)
18
Omit "direction", substitute "determination".
19
5 Subsection 5E(1) (paragraph (b) of the definition of widow)
20
Repeal the paragraph, substitute:
21
(b) a woman who was legally married to a person, but living
22
separately and apart from the person on a permanent basis,
23
immediately before the person died.
24
6 Subsection 5E(1) (paragraph (b) of the definition of
25
widower)
26
Repeal the paragraph, substitute:
27
(b) a man who was legally married to a person, but living
28
separately and apart from the person on a permanent basis,
29
immediately before the person died.
30