Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Military Rehabilitation and Compensation Act 2004
1 Subsection 430(2)
Repeal the subsection.
2 At the end of subsection 430(3)
Add:
Note: For rules about nomination of accounts, see subsections ( 3D) to (3F).
3 Before subsection 430(3A)
Insert:
Compensation must be paid into an account
4 Subsection 430(3B)
Repeal the subsection.
5 After subsection 430(3C)
Insert:
Nomination of accounts
(3D) The account referred to in subsection ( 1) or (3A) must be one that is:
(a) nominated, at any time by the person, for the purposes of this section; and
(b) maintained by the person (including an account maintained jointly or in common with another person).
(3E) However, if:
(a) there is no nomination of an account by the person in force for the purposes of this section; and
(b) there is a nomination of an account (the existing account ) by the person in force for the purposes of subsection 122A(1) of the Veterans' Entitlements Act 1986 ;
the existing account is taken to be an account nominated by the person for the purposes of this section.
(3F) Subsection ( 3E) ceases to apply in relation to the person if, in accordance with subsection ( 3D), the person nominates an account for the purposes of this section.
6 Before subsection 430(4)
Insert:
Definitions
7 After section 430
Insert:
430A Use and disclosure of account details
Use
(1) The Commission, a member of the Commission or a staff member assisting the Commission may use the details of an account referred to in paragraph 430(3E)(b) for the purposes of section 430.
(2) A person to whom the details of an account are disclosed under subsection 122AA(3) of the Veterans' Entitlements Act 1986 may use those details for the purposes of section 430 of this Act.
Disclosure
(3) The Commission, a member of the Commission or a staff member assisting the Commission may disclose the details of an account obtained for the purposes of section 430 to the Repatriation Commission, a commissioner of the Repatriation Commission or a staff member assisting the Repatriation Commission for the purposes of section 122A of the Veterans' Entitlements Act 1986 .
Interaction with Privacy Act 1988
(4) For the purposes of the Privacy Act 1988 :
(a) the use of the details of an account in accordance with subsection ( 1) or (2) is taken to be a use that is authorised by this Act; and
(b) the disclosure of the details of an account in accordance with subsection ( 3) is taken to be a disclosure that is authorised by this Act.
8 Application and transitional provision--accounts
(1) Paragraph 430(3E)(b) of the Military Rehabilitation and Compensation Act 2004 , as inserted by this Schedule, applies in relation to nominations made before, on or after the commencement of this item.
(2) If a nomination of an account by a person for the purposes of subsection 430(2) or (3B) of the Military Rehabilitation and Compensation Act 2004 is in force immediately before the commencement of this item, then, on and after that commencement, the nomination of the account by the person is taken to be in force for the purposes of section 430 of that Act (as amended by this Schedule).
(3) Subsections 430A(1) and (3) of the Military Rehabilitation and Compensation Act 2004 , as inserted by this Schedule, apply in relation to details of an account obtained before, on or after the commencement of this item.
Veterans' Entitlements Act 1986
9 After subsection 122A(1D)
Insert:
(1E) If:
(a) there is no nomination of an account by the person in force for the purposes of subsection ( 1); and
(b) there is a nomination of an account (the existing account ) by the person in force for the purposes of section 430 of the Military Rehabilitation and Compensation Act 2004 ;
the existing account is taken to be an account nominated by the person for the purposes of subsection ( 1) of this section.
(1F) Subsection ( 1E) ceases to apply in relation to the person if, in accordance with subsection ( 1), the person nominates an account for the purposes of subsection ( 1).
10 Subsection 122A(2) (definition of pension )
Repeal the definition, substitute:
"pension" means a pension, allowance or other pecuniary benefit payable under this Act, and includes an instalment of such a pension, allowance or other benefit.
11 After section 122A
Insert:
122AA Use and disclosure of account details
Use
(1) The Commission, a commissioner of the Commission or a staff member assisting the Commission may use the details of an account referred to in paragraph 122A(1E)(b) for the purposes of section 122A.
(2) A person to whom the details of an account are disclosed under subsection 430A(3) of the Military Rehabilitation and Compensation Act 2004 may use those details for the purposes of section 122A of this Act.
Disclosure
(3) The Commission, a commissioner of the Commission or a staff member assisting the Commission may disclose the details of an account obtained for the purposes of section 122A to the Military Rehabilitation and Compensation Commission (the MRCC ), a member of the MRCC or a staff member assisting the MRCC for the purposes of section 430 of the Military Rehabilitation and Compensation Act 2004 .
Interaction with Privacy Act 1988
(4) For the purposes of the Privacy Act 1988 :
(a) the use of the details of an account in accordance with subsection ( 1) or (2) is taken to be a use that is authorised by this Act; and
(b) the disclosure of the details of an account in accordance with subsection ( 3) is taken to be a disclosure that is authorised by this Act.
12 Application provision--accounts
(1) Paragraph 122A(1E)(b) of the Veterans' Entitlements Act 1986 , as inserted by this Schedule, applies in relation to nominations made before, on or after the commencement of this item.
(2) Subsections 122AA(1) and (3) of the Veterans' Entitlements Act 1986 , as inserted by this Schedule, apply in relation to details of an account obtained before, on or after the commencement of this item.