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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Compensation
(Japanese Internment) Bill 2001
No. ,
2001
(Veterans’
Affairs)
A Bill for an Act to provide for
compensation payments in respect of certain persons interned by Japanese
military forces, and for other purposes
ISBN:
0642 457867
Contents
A Bill for an Act to provide for compensation payments in
respect of certain persons interned by Japanese military forces, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Compensation (Japanese Internment) Act
2001.
This Act commences on the day on which it receives the Royal
Assent.
In this Act, unless the contrary intention appears:
civilian means a person who is not a veteran.
Commission means the Repatriation Commission referred to in
the Veterans’ Entitlements Act.
compensation payment means a payment under this
Act.
designated war period means the period beginning on
7 December 1941 and ending at the end of 29 October 1945.
eligible person means a person who is eligible for a
compensation payment.
interned means:
(a) confined in a camp, building, prison or other place (including a
vehicle); or
(b) restricted to residing within specified limits.
Japanese military forces means air forces, naval forces, land
forces or other military forces of Japan (however described).
partner, in relation to a veteran or civilian,
means:
(a) a person who is legally married to the veteran or civilian;
or
(b) a person who is a partner (within the meaning of the Veterans’
Entitlements Act) of the veteran or civilian.
Regulations payment means a payment under the Veterans’
Entitlements (Compensation—Japanese Internment) Regulations 2001,
including a payment made before the commencement of this Act.
Note: These regulations are made for the purposes of
section 106 of the Veterans’ Entitlements Act.
Review Tribunal means:
(a) the Administrative Appeals Tribunal; or
(b) the Administrative Review Tribunal (if that tribunal replaces the
Administrative Appeals Tribunal).
Secretary means the Secretary of the Department.
social security law means:
(a) the Social Security Act 1991; and
(b) the Social Security (Administration) Act 1999; and
(c) any other Act that is expressed to form part of the social security
law.
veteran means a person covered by subsection 6A(1) of the
Veterans’ Entitlements Act.
Veterans’ Entitlements Act means the Veterans’
Entitlements Act 1986.
Partner of deceased veteran
(1) A person is eligible for a compensation payment in respect of a
deceased veteran if the following conditions are satisfied:
(a) the person was alive at the beginning of 1 January
2001;
(b) the veteran died before 1 January 2001;
(c) the person was a partner of the veteran immediately before the
veteran’s death;
(d) the veteran was interned by Japanese military forces at any time
during the designated war period.
Civilian (in own right)
(2) A person is eligible for a compensation payment in the person’s
own right as a civilian if the following conditions are satisfied:
(a) the person was alive at the beginning of 1 January
2001;
(b) the person was interned by Japanese military forces at any time during
the designated war period;
(c) the person was domiciled in Australia immediately before the
commencement of that internment.
Partner of deceased civilian
(3) A person is eligible for a compensation payment in respect of a
deceased civilian if the following conditions are satisfied:
(a) the person was alive at the beginning of 1 January
2001;
(b) the civilian died before 1 January 2001;
(c) the person was a partner of the civilian immediately before the
civilian’s death;
(d) the civilian was interned by Japanese military forces at any time
during the designated war period;
(e) the civilian was domiciled in Australia immediately before the
commencement of that internment.
One payment only
(4) A person is not eligible for a compensation payment if the person is
eligible for a Regulations payment.
(5) A person is not entitled to more than one compensation
payment.
A compensation payment is a one-off payment of $25,000.
(1) Claims for compensation payments must be made in accordance with
procedures determined by the Secretary under subsection (2).
(2) The Secretary may, in writing, determine the procedures for making
claims.
(1) Claims are to be decided by the Commission.
(2) A person who is dissatisfied with the Commission’s decision on a
claim may apply to the Review Tribunal for review of the decision.
If an eligible person dies or died before receiving a compensation
payment, then the payment is to be made to the person’s estate.
Note: A claim will still be required under
section 6.
The following provisions of the Veterans’ Entitlements Act apply as
if this Act were part of the Veterans’ Entitlements Act:
(a) subsection 119(1) and sections 128, 208, 213 and 214;
(b) any other provisions of that Act that are incidental to the provisions
mentioned in paragraph (a).
Any overpayment under this Act may be recovered by the Commonwealth as a
debt in a court of competent jurisdiction.
Compensation payments are exempt from income tax.
Veterans’ Entitlements Act
(1) The value of a person’s assets for the purposes of the
Veterans’ Entitlements Act is reduced by any compensation payment or
Regulations payment received by the person.
Social security law
(2) The value of a person’s assets for the purposes of the social
security law is reduced by any compensation payment or Regulations payment
received by the person.
The Consolidated Revenue Fund is appropriated for the purposes of
compensation payments, to the extent of $133,975,000.