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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Omnibus) Bill 2017
No. , 2017
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' entitlements and military rehabilitation
and compensation, and for related purposes
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Veterans' Review Board
4
Part 1--Main amendments
4
Veterans' Entitlements Act 1986
4
Part 2--Consequential amendments
7
Military Rehabilitation and Compensation Act 2004
7
Schedule 2--Specialist Medical Review Council
8
Veterans' Entitlements Act 1986
8
Schedule 3--International agreements
14
Part 1--Main amendments
14
Australian Participants in British Nuclear Tests (Treatment) Act 2006
14
Military Rehabilitation and Compensation Act 2004
14
Veterans' Entitlements Act 1986
14
Part 2--Contingent amendments
17
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
17
Veterans' Entitlements Act 1986
17
Schedule 4--Employer Incentive Scheme payments
18
Part 1--Main amendments
18
Military Rehabilitation and Compensation Act 2004
18
Veterans' Entitlements Act 1986
19
Part 2--Contingent amendments
20
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
20
Schedule 5--Disclosure of information
21
Part 1--Main amendments
21
Military Rehabilitation and Compensation Act 2004
21
ii
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Part 2--Contingent amendments
22
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
22
Schedule 6--Delegation
24
Military Rehabilitation and Compensation Act 2004
24
Schedule 7--Legislative instruments
25
Australian Participants in British Nuclear Tests (Treatment) Act 2006
25
Military Rehabilitation and Compensation Act 2004
26
Veterans' Entitlements Act 1986
28
Schedule 8--Minor amendments
45
Part 1--Removal of spent veterans' affairs payments
45
Division 1--Main amendments
45
Veterans' Entitlements Act 1986
45
Division 2--Other amendments
46
Income Tax Assessment Act 1997
46
Social Security Act 1991
46
Social Security (Administration) Act 1999
47
Division 3--Saving provisions
47
Part 2--Removal of spent military rehabilitation and
compensation payments
49
Division 1--Main amendments
49
Military Rehabilitation and Compensation Act 2004
49
Division 2--Other amendments
49
Income Tax Assessment Act 1997
49
Division 3--Saving provisions
50
Part 3--Other amendments
51
Veterans' Entitlements Act 1986
51
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
1
A Bill for an Act to amend the law relating to
1
veterans' entitlements and military rehabilitation
2
and compensation, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Veterans' Affairs Legislation Amendment
6
(Omnibus) Act 2017.
7
2 Commencement
8
(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 2017
No. , 2017
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
The day after this Act receives the Royal
Assent.
3. Schedule 2
The 28th day after this Act receives the
Royal Assent.
4. Schedule 3,
Part 1
The day after this Act receives the Royal
Assent.
5. Schedule 3,
Part 2
The later of:
(a) immediately after the start of the day
after this Act receives the Royal Assent;
and
(b) immediately after the commencement of
Part 2 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Defence Force)
Act 2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedule 4,
Part 1
The day after this Act receives the Royal
Assent.
7. Schedule 4,
Part 2
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Part 2 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Defence Force)
Act 2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
8. Schedule 5,
Part 1
The day after this Act receives the Royal
Assent.
9. Schedule 5,
Part 2
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Part 2 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Defence Force)
Act 2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
10. Schedules 6
to 8
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
Schedule 1 Veterans' Review Board
Part 1 Main amendments
4
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Schedule 1--Veterans' Review Board
1
Part 1--Main amendments
2
Veterans' Entitlements Act 1986
3
1 Section 133A
4
Repeal the section, substitute:
5
133A Board's objective
6
In carrying out its functions, the Board must pursue the objective
7
of providing a mechanism of review that:
8
(a) is accessible; and
9
(b) is fair, just, economical, informal and quick; and
10
(c) is proportionate to the importance and complexity of the
11
matter; and
12
(d) promotes public trust and confidence in the decision-making
13
of the Board.
14
2 After section 137
15
Insert:
16
137A Ongoing requirement for lodging material documents with
17
Board
18
If:
19
(a) an application for a review is made under section 135; and
20
(b) before the Board determines the review:
21
(i) a party to the review obtains possession of a document;
22
and
23
(ii) the document is relevant to the review; and
24
(iii) a copy of the document has not already been lodged
25
with the Board;
26
the party must, subject to any directions given under
27
subsection 142(2), lodge a copy of the document with the Board as
28
soon as practicable after obtaining possession.
29
Veterans' Review Board Schedule 1
Main amendments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
5
3 At the end of subsection 142(2)
1
Add:
2
; and (h) the provision of documents under section 137A, including
3
documents that are or are not required to be lodged under that
4
section.
5
4 At the end of section 145C
6
Add:
7
Variation or revocation of decision
8
(4) The Board may vary or revoke so much of a decision as it made in
9
accordance with subsection (2) or (3) if:
10
(a) the parties, or their representatives, reach agreement on the
11
variation or revocation; and
12
(b) the terms of the agreement are reduced to writing, signed by
13
or on behalf of the parties and lodged with the Board; and
14
(c) the variation or revocation appears appropriate to the Board;
15
and
16
(d) in the case of a variation--the Board is satisfied that it would
17
have been within the powers of the Board to have made the
18
decision as varied.
19
5 Subsection 148(9)
20
Repeal the subsection, substitute:
21
(9) A party to a review of a decision of the Commission, and any
22
person representing such a party, must use their best endeavours to
23
assist the Board to fulfil the objective in section 133A.
24
6 After subsection 155(8)
25
Insert:
26
Dismissal if application for review is frivolous, vexatious etc.
27
(8A) The Principal Member may dismiss an application for the review
28
of a decision if the Principal Member is satisfied that the
29
application:
30
(a) is frivolous, vexatious, misconceived or lacking in substance;
31
or
32
Schedule 1 Veterans' Review Board
Part 1 Main amendments
6
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
(b) has no reasonable prospect of success; or
1
(c) is otherwise an abuse of the process of the Board.
2
If the Principal Member dismisses the application, he or she must
3
notify each party to the review of the dismissal.
4
7 Subsection 155A(1)
5
Omit "or (8)", substitute ", (8) or (8A)".
6
8 Application provisions
7
(1)
Section 137A of the Veterans' Entitlements Act 1986, as inserted by this
8
Part, applies in relation to an application for review that is made on or
9
after the commencement of this item.
10
(2)
Subsection 145C(4) of the Veterans' Entitlements Act 1986, as added by
11
this Part, applies in relation to a decision the Board made on or after the
12
commencement of this item.
13
(3)
Subsection 148(9) of the Veterans' Entitlements Act 1986, as substituted
14
by this Part, applies in relation to an application for review that is made
15
on or after the commencement of this item.
16
(4)
Subsection 155(8A) of the Veterans' Entitlements Act 1986, as inserted
17
by this Part, applies in relation to an application for review that is made
18
on or after the commencement of this item.
19
Veterans' Review Board Schedule 1
Consequential amendments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
7
Part 2--Consequential amendments
1
Military Rehabilitation and Compensation Act 2004
2
9 Subsection 353(1)
3
After "137,", insert "137A,".
4
10 Subsection 353(2) (after table item 8)
5
Insert:
6
8A
Section 137A
The reference to section 135 has effect as a
reference to section 352 of this Act
Schedule 2 Specialist Medical Review Council
8
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Schedule 2--Specialist Medical Review
1
Council
2
3
Veterans' Entitlements Act 1986
4
1 At the end of subsection 196V(1)
5
Add:
6
Note:
All references in this Part to the Review Council are references to the
7
Specialist Medical Review Council: see the definition of Review
8
Council in subsection 5AB(1).
9
2 Paragraph 196Y(3)(a)
10
Repeal the paragraph.
11
3 Paragraph 196Y(3)(c)
12
Repeal the paragraph, substitute:
13
(c) be lodged with the Review Council in accordance with the
14
directions of the Convener under section 196ZR.
15
4 Subsections 196Y(3A) and (4)
16
Repeal the subsections, substitute:
17
(4) The Review Council must notify the Secretary and the Repatriation
18
Medical Authority of the request within 28 days of the request
19
being lodged.
20
5 Paragraph 196Z(2)(a)
21
Repeal the paragraph.
22
6 Paragraph 196Z(2)(d)
23
Repeal the paragraph, substitute:
24
(d) be lodged with the Review Council in accordance with the
25
directions of the Convener under section 196ZR.
26
7 Subsections 196Z(2A) and (3)
27
Repeal the subsections, substitute:
28
Specialist Medical Review Council Schedule 2
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
9
(3) The Review Council must notify the Secretary and the Repatriation
1
Medical Authority of the request within 28 days of the request
2
being lodged.
3
8 Subsection 196ZB(2)
4
Repeal the subsection, substitute:
5
(2) A notice must specify the date by which all submissions must be
6
received by the Council.
7
9 Subsection 196ZE(3)
8
Omit "In respect of each of those branches, the Minister must ensure
9
that, at any time, the number (not less than 2) of councillors having
10
experience in that branch is sufficient for the proper exercise of the
11
functions of the Council.".
12
10 Subsection 196ZE(4)
13
Repeal the subsection, substitute:
14
(4) One of the councillors must be a person having at least 5 years'
15
experience in the field of epidemiology.
16
11 Subsection 196ZN(1)
17
Omit "relevant documentary medical evidence obtained for the
18
purposes of the review", substitute "medical evidence relevant to, and
19
obtained by the applicant for the purposes of, the review".
20
12 Subsection 196ZN(2)
21
Repeal the subsection, substitute:
22
(2) The applicant is not to be paid more than the amount prescribed by,
23
or worked out in accordance with, the regulations.
24
13 Subsection 196ZN(3)
25
Omit "Commission" (wherever occurring), substitute "Review
26
Council".
27
14 Paragraph 196ZN(4)(a)
28
Repeal the paragraph.
29
Schedule 2 Specialist Medical Review Council
10
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
15 Paragraph 196ZN(4)(b)
1
Omit "relevant documentary".
2
16 Paragraph 196ZN(4)(d)
3
Repeal the paragraph, substitute:
4
(d) be lodged with the Review Council in accordance with the
5
directions of the Convener under section 196ZR.
6
17 Subsections 196ZN(4A) and (5)
7
Repeal the subsections.
8
18 Subsection 196ZO(1)
9
Omit "relevant documentary medical evidence submitted to the Review
10
Council", substitute "medical evidence submitted to the Review
11
Council as mentioned in subsection 196ZN(1)".
12
19 Paragraph 196ZO(2)(b)
13
Omit "Commission", substitute "Review Council".
14
20 Subsection 196ZO(4)
15
Omit "Commission" (wherever occurring), substitute "Review
16
Council".
17
21 Paragraph 196ZO(5)(a)
18
Repeal the paragraph.
19
22 Subparagraph 196ZO(5)(b)(i)
20
Omit "12", substitute "3".
21
23 Subparagraph 196ZO(5)(b)(ii)
22
Omit "Commission" (wherever occurring), substitute "Review
23
Council".
24
24 Paragraph 196ZO(5)(d)
25
Repeal the paragraph, substitute:
26
(d) be lodged with the Review Council in accordance with the
27
directions of the Convener under section 196ZR.
28
Specialist Medical Review Council Schedule 2
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
11
25 Subsection 196ZO(5A)
1
Repeal the subsection.
2
26 Section 196ZP (heading)
3
Repeal the heading, substitute:
4
196ZP Advance of travelling expenses for obtaining medical
5
evidence
6
27 Subsection 196ZP(1)
7
Omit "Commission" (wherever occurring), substitute "Review
8
Council".
9
28 At the end of Division 4 of Part XIB
10
Add:
11
196ZQ Travelling expenses for making oral submissions
12
(1) If:
13
(a) either:
14
(i) the Review Council is carrying out a review under
15
subsection 196W(2) and an individual, or an
16
organisation referred to in paragraph 196Y(1)(c), has
17
made a written submission in relation to the review; or
18
(ii) the Review Council is carrying out a review under
19
subsection 196W(6) at the request of an individual or an
20
organisation; and
21
(b) a person who is one of the following appears before the
22
Review Council to make an oral submission in relation to the
23
review:
24
(i) the individual or his or her representative;
25
(ii) a representative of the organisation;
26
the person is, subject to this section, entitled to be paid, for travel
27
that the person undertook to appear, the travelling expenses that are
28
prescribed.
29
(2) If:
30
(a) the person is accompanied by an attendant when travelling to
31
appear before the Review Council; and
32
Schedule 2 Specialist Medical Review Council
12
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
(b) the Review Council is of the view that it is reasonable for the
1
person to be so accompanied by an attendant;
2
the attendant is, subject to this section, entitled to be paid for that
3
travel the travelling expenses that are prescribed.
4
(3) Travelling expenses are not payable in respect of travel outside
5
Australia.
6
(4) Travelling expenses are not payable unless:
7
(a) the person who has incurred the expenses; or
8
(b) any person approved by that person or by the Review
9
Council;
10
applies in writing to the Review Council for payment and the
11
Review Council approves the application.
12
(5) The application for payment must be:
13
(a) made within 3 months after the completion of the travel; and
14
(b) accompanied by any document that the applicant considers
15
relevant; and
16
(c) lodged with the Review Council in accordance with the
17
directions of the Convener under section 196ZR.
18
(6) The Commonwealth is to pay the travelling expenses to which a
19
person is entitled under this section.
20
29 At the end of Part XIB
21
Add:
22
Division 5--Lodgement of requests and applications
23
196ZR Lodgement of requests and applications
24
(1) The Convener may give written directions:
25
(a) as to the manner of lodging requests or applications,
26
including in electronic form, with the Review Council for the
27
purposes of paragraphs 196Y(3)(c), 196Z(2)(d),
28
196ZN(4)(d), 196ZO(5)(d) and 196ZQ(5)(c); and
29
(b) as to the time at which such requests or applications are taken
30
to have been lodged.
31
(2) A direction under subsection (1) is not a legislative instrument.
32
Specialist Medical Review Council Schedule 2
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
13
30 Application provisions
1
(1)
The amendments of sections 196Y and 196Z of the Veterans'
2
Entitlements Act 1986 made by this Schedule apply in relation to
3
requests made on or after the commencement of this item.
4
(2)
The amendment of section 196ZB of the Veterans' Entitlements Act
5
1986 made by this Schedule applies in relation to notices published on
6
or after the commencement of this item.
7
(3)
The amendments of section 196ZN of the Veterans' Entitlements Act
8
1986 made by this Schedule apply in relation to applications made on or
9
after the commencement of this item.
10
(4)
The amendments of section 196ZO of the Veterans' Entitlements Act
11
1986 made by this Schedule apply in relation to travel undertaken on or
12
after the commencement of this item.
13
(5)
The amendment of subsection 196ZP(1) of the Veterans' Entitlements
14
Act 1986 made by this Schedule applies in relation to authorisations
15
given on or after the commencement of this item.
16
(6)
Section 196ZQ of the Veterans' Entitlements Act 1986, as added by this
17
Schedule, applies in relation to travel undertaken on or after the
18
commencement of this item.
19
Schedule 3 International agreements
Part 1 Main amendments
14
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Schedule 3--International agreements
1
Part 1--Main amendments
2
Australian Participants in British Nuclear Tests (Treatment)
3
Act 2006
4
1 At the end of subsection 7(1)
5
Add:
6
Note:
Under section 203 of the Veterans' Entitlements Act 1986, the
7
Minister may enter into an agreement with a foreign country providing
8
for the provision of treatment that is, or the making of payments that
9
are, comparable to treatment or payments under this Act.
10
Military Rehabilitation and Compensation Act 2004
11
2 At the end of section 3
12
Add:
13
Note:
Under section 203 of the Veterans' Entitlements Act 1986, the
14
Minister may enter into an agreement with a foreign country providing
15
for the making of payments that are, or the provision of treatment or
16
rehabilitation that is, comparable to payments or treatment or
17
rehabilitation under this Act.
18
Veterans' Entitlements Act 1986
19
3 Paragraph 199(f)
20
Omit "Arrangements with Governments of other countries", substitute
21
"International agreements".
22
4 Section 203
23
Repeal the section, substitute:
24
203 International agreements
25
(1) The Minister may, on behalf of the Commonwealth, enter into an
26
agreement with a foreign country, being an agreement:
27
(a) that relates to reciprocity in veterans' affairs matters; and
28
International agreements Schedule 3
Main amendments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
15
(b) that makes provision for and in relation to the making of
1
payments, or the provision of treatment or rehabilitation, to
2
or in relation to classes of persons specified in the agreement.
3
(2) Without limiting subsection (1), the agreement may make
4
provision for and in relation to the making of payments that are, or
5
the provision of treatment or rehabilitation that is, comparable to
6
payments or treatment or rehabilitation under any of the following:
7
(a) this Act;
8
(b) the Military Rehabilitation and Compensation Act 2004;
9
(c) the Australian Participants in British Nuclear Tests
10
(Treatment) Act 2006.
11
Provisions of agreement have full effect
12
(3) The provisions of an agreement that is in force under this section
13
have effect despite anything in any of the Acts referred to in
14
subsection (2).
15
Administration of agreement
16
(4) The Commission, or the Military Rehabilitation and Compensation
17
Commission, may give effect to and administer an agreement that
18
is in force under this section.
19
Variation or revocation of agreement
20
(5) An agreement that is in force under this section may be varied or
21
revoked by the Minister on behalf of the Commonwealth.
22
Publication of agreement
23
(6) The Minister must arrange for a copy of an agreement entered into
24
under subsection (1), or of any variations to such an agreement, to
25
be published on the Department's website.
26
5 Transitional provisions
27
(1)
An arrangement that:
28
(a) was entered into under section 203 of the Veterans'
29
Entitlements Act 1986 before the commencement of this item
30
(including an arrangement having effect as if it were entered
31
into under that section because of section 56 of the Veterans'
32
Schedule 3 International agreements
Part 1 Main amendments
16
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Entitlements (Transitional Provisions and Consequential
1
Amendments) Act 1986); and
2
(b) was in force immediately before the commencement of this
3
item;
4
continues in force on and after that commencement as if it were an
5
agreement entered into under section 203 of the Veterans' Entitlements
6
Act 1986 as substituted by this Part.
7
(2)
Subitem (1) does not prevent a variation or revocation, on or after the
8
commencement of this item, of an arrangement continued in force under
9
this item.
10
International agreements Schedule 3
Contingent amendments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
17
Part 2--Contingent amendments
1
Safety, Rehabilitation and Compensation (Defence-related
2
Claims) Act 1988
3
6 At the end of subsection 4AA(5)
4
Add:
5
Note:
Under section 203 of the Veterans' Entitlements Act 1986, the
6
Minister may enter into an agreement with a foreign country providing
7
for the making of payments that are, or the provision of treatment or
8
rehabilitation that is, comparable to payments or treatment or
9
rehabilitation under this Act.
10
Veterans' Entitlements Act 1986
11
7 At the end of subsection 203(2)
12
Add:
13
; (d) the Safety, Rehabilitation and Compensation
14
(Defence-related Claims) Act 1988.
15
Schedule 4 Employer Incentive Scheme payments
Part 1 Main amendments
18
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Schedule 4--Employer Incentive Scheme
1
payments
2
Part 1--Main amendments
3
Military Rehabilitation and Compensation Act 2004
4
1 At the end of section 60
5
Add:
6
The employers providing civilian work may be entitled to
7
payments under a scheme determined by the Commission.
8
2 At the end of Part 4 of Chapter 3
9
Add:
10
62A Scheme may provide for payments to employers
11
(1) The Commission may, in writing, determine a scheme for and in
12
relation to the making of payments to employers in respect of the
13
provision by the employers of suitable civilian work to persons as
14
mentioned in paragraph 61(3)(c) and subsection 62(3).
15
Scheme must be approved by the Minister
16
(2) The scheme has no effect unless the Minister has approved it in
17
writing.
18
Variation or revocation of scheme
19
(3) The Commission may, by written determination, vary or revoke the
20
scheme that is in force under this section.
21
(4) A determination under subsection (3) has no effect unless the
22
Minister has approved it in writing.
23
Legislative instruments
24
(5) A determination under subsection (1) or (3) made by the
25
Commission and approved by the Minister is a legislative
26
Employer Incentive Scheme payments Schedule 4
Main amendments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
19
instrument made by the Minister on the day on which the
1
determination is approved.
2
3 After paragraph 423(b)
3
Insert:
4
(ba) payments under the scheme referred to in section 62A;
5
Veterans' Entitlements Act 1986
6
4 At the end of subsection 115B(5)
7
Add:
8
; and (h) the payment of financial assistance, under the scheme, to
9
specified employers in respect of the provision by the
10
employers of employment to veterans as mentioned in
11
subsection (1).
12
5 After paragraph 199(d)
13
Insert:
14
(da) payments under the Veterans' Vocational Rehabilitation
15
Scheme; and
16
Schedule 4 Employer Incentive Scheme payments
Part 2 Contingent amendments
20
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Part 2--Contingent amendments
1
Safety, Rehabilitation and Compensation (Defence-related
2
Claims) Act 1988
3
6 After section 40
4
Insert:
5
40A Scheme may provide for payments to employers
6
(1) The MRCC may, in writing, determine a scheme for and in relation
7
to the making of payments to employers in respect of the provision
8
by the employers of suitable employment to employees as
9
mentioned in subsection 40(1).
10
Scheme must be approved by the Minister
11
(2) The scheme has no effect unless the Minister has approved it in
12
writing.
13
Variation or revocation of scheme
14
(3) The MRCC may, by written determination, vary or revoke the
15
scheme that is in force under this section.
16
(4) A determination under subsection (3) has no effect unless the
17
Minister has approved it in writing.
18
Legislative instruments
19
(5) A determination under subsection (1) or (3) made by the MRCC
20
and approved by the Minister is a legislative instrument made by
21
the Minister on the day on which the determination is approved.
22
7 After subsection 160(1)
23
Insert:
24
(1A) The Consolidated Revenue Fund is appropriated for the purposes
25
of making payments under the scheme referred to in section 40A.
26
Disclosure of information Schedule 5
Main amendments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
21
Schedule 5--Disclosure of information
1
Part 1--Main amendments
2
Military Rehabilitation and Compensation Act 2004
3
1 Subsection 409(2) (after table item 2)
4
Insert:
5
2A
The Commonwealth
Superannuation
Corporation
A purpose relating to the performance of a
function, or the exercise of a power, by that
Corporation under:
(a) an Act administered by CSC; or
(b) an instrument under an Act administered by
CSC
2 At the end of section 409
6
Add:
7
(5) In this section:
8
Act administered by CSC has the meaning given by the
9
Governance of Australian Government Superannuation Schemes
10
Act 2011.
11
3 Application provision
12
The amendment of subsection 409(2) of the Military Rehabilitation and
13
Compensation Act 2004 made by this Part applies in relation to the
14
provision of information on or after the commencement of this item
15
(whether the information was obtained before, on or after that
16
commencement).
17
Schedule 5 Disclosure of information
Part 2 Contingent amendments
22
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Part 2--Contingent amendments
1
Safety, Rehabilitation and Compensation (Defence-related
2
Claims) Act 1988
3
4 Subsection 151A(1)
4
Repeal the subsection, substitute:
5
(1) The MRCC (or a staff member assisting the MRCC) may provide
6
any information obtained in the performance of duties under this
7
Act to a person specified in the following table for the purposes
8
specified in the table:
9
10
Giving information
Person
Purpose
1
The Secretary of the Department
administered by the Minister who
administers the National Health Act 1953
The purposes of that Department
2
The Secretary of the Department
administered by the Minister who
administers the Aged Care Act 1997
The purposes of that Department
3
The Secretary of the Department
administered by the Minister who
administers the Human Services
(Centrelink) Act 1997
The purposes of that Department
4
The Chief Executive Centrelink (within
the meaning of the Human Services
(Centrelink) Act 1997)
The purposes of Centrelink
5
The Chief Executive Medicare (within the
meaning of the Human Services
(Medicare) Act 1973)
The purposes of Medicare
Disclosure of information Schedule 5
Contingent amendments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
23
Giving information
Person
Purpose
6
The Commonwealth Superannuation
Corporation
A purpose relating to the
performance of a function, or the
exercise of a power, by that
Corporation under:
(a) an Act administered by CSC;
or
(b) an instrument under an Act
administered by CSC
5 Subsection 151A(2)
1
Omit "The Secretary or Chief Executive", substitute "The person".
2
6 At the end of section 151A
3
Add:
4
(4) In this section:
5
Act administered by CSC has the meaning given by the
6
Governance of Australian Government Superannuation Schemes
7
Act 2011.
8
7 Application provision
9
The repeal and substitution of subsection 151A(1) of the Safety,
10
Rehabilitation and Compensation (Defence-related Claims) Act 1988
11
made by this Part applies in relation to the provision of information on
12
or after the commencement of this item (whether the information was
13
obtained before, on or after that commencement).
14
Schedule 6 Delegation
24
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Schedule 6--Delegation
1
2
Military Rehabilitation and Compensation Act 2004
3
1 After section 437
4
Insert:
5
437A Delegation by Minister
6
The Minister may, by writing, delegate any of his or her functions
7
or powers under this Act, under the regulations or under any other
8
legislative instrument made under this Act to:
9
(a) a Commission member; or
10
(b) a person appointed or engaged under the Public Service Act
11
1999.
12
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
25
Schedule 7--Legislative instruments
1
2
Australian Participants in British Nuclear Tests (Treatment)
3
Act 2006
4
1 Subsection 4(1) (definition of approved pharmaceutical
5
scheme)
6
Repeal the definition.
7
2 Subsection 4(1)
8
Insert:
9
Repatriation Pharmaceutical Benefits Scheme means the
10
Repatriation Pharmaceutical Benefits Scheme in force under
11
section 91 of the Veterans' Entitlements Act 1986.
12
3 Section 18 (heading)
13
Repeal the heading, substitute:
14
18 Application and modification of Repatriation Pharmaceutical
15
Benefits Scheme
16
4 Subsection 18(1)
17
Omit "An approved pharmaceutical scheme, or, if such a scheme",
18
substitute "The Repatriation Pharmaceutical Benefits Scheme, or, if that
19
scheme".
20
5 Subsection 18(2)
21
Omit "an approved pharmaceutical scheme", substitute "the
22
Repatriation Pharmaceutical Benefits Scheme".
23
6 Transitional provisions
24
(1)
An approved pharmaceutical scheme as modified and applying under
25
section 18 of the Australian Participants in British Nuclear Tests
26
(Treatment) Act 2006 immediately before the commencement of this
27
item continues to apply on and after that commencement as if it were
28
the Repatriation Pharmaceutical Benefits Scheme as modified and
29
applying under that section as amended by this Schedule.
30
Schedule 7 Legislative instruments
26
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
(2)
Subitem (1) does not prevent the exercise of powers under that section
1
in relation to the Repatriation Pharmaceutical Benefits Scheme on or
2
after the commencement of this item.
3
Military Rehabilitation and Compensation Act 2004
4
7 Subsection 5(1)
5
Insert:
6
pharmaceutical benefits determination: see subsection 286(3).
7
treatment determination: see subsection 286(4).
8
8 At the end of section 67
9
Add:
10
(5) Despite subsection 14(2) of the Legislation Act 2003, the guide, or
11
an amendment of the guide, may make provision in relation to a
12
matter by applying, adopting or incorporating, with or without
13
modification, any matter contained in an instrument or other
14
writing as in force or existing from time to time.
15
9 Section 286 (heading)
16
Repeal the heading, substitute:
17
286 Determination for providing treatment or pharmaceutical
18
benefits
19
10 Subsections 286(2) to (6)
20
Repeal the subsections, substitute:
21
Determination must be approved by the Minister
22
(2) A determination under subsection (1) has no effect unless the
23
Minister has approved it in writing.
24
(3) A determination under subsection (1), so far as it relates to
25
paragraph (1)(c), approved by the Minister and as in force from
26
time to time is a pharmaceutical benefits determination.
27
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
27
(4) Any other determination under subsection (1) approved by the
1
Minister and as in force from time to time is a treatment
2
determination.
3
Variation or revocation of determinations
4
(5) The Commission may, by written determination, vary or revoke a
5
pharmaceutical benefits determination or treatment determination.
6
(6) A determination under subsection (5) has no effect unless the
7
Minister has approved it in writing.
8
Legislative instruments
9
(6A) A determination under subsection (1) or (5) made by the
10
Commission and approved by the Minister is a legislative
11
instrument made by the Minister on the day on which the
12
determination is approved.
13
Incorporation of other instruments
14
(6B) Despite subsection 14(2) of the Legislation Act 2003:
15
(a) a determination under subsection (1); or
16
(b) a determination under subsection (5) varying a
17
pharmaceutical benefits determination or treatment
18
determination;
19
may make provision in relation to a matter by applying, adopting
20
or incorporating, with or without modification, any matter
21
contained in an instrument or other writing as in force or existing
22
from time to time.
23
11 Transitional provisions
24
(1)
A determination in force under section 286 of the Military
25
Rehabilitation and Compensation Act 2004 immediately before the
26
commencement of this item continues in force on and after that
27
commencement as if it were:
28
(a) if the determination related to paragraph 286(1)(c) of that
29
Act--a pharmaceutical benefits determination in force under
30
that section; or
31
(b) otherwise--a treatment determination in force under that
32
section.
33
Schedule 7 Legislative instruments
28
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
(2)
Subitem (1) does not prevent a variation or revocation of a
1
pharmaceutical benefits determination or treatment determination on or
2
after the commencement of this item.
3
12 Paragraph 287(1)(b)
4
Omit "the determination made under section 286", substitute "a
5
treatment determination under section 286".
6
13 Paragraph 287(2A)(b)
7
Omit "determined under subparagraph 286(1)(h)(i)", substitute
8
"mentioned in subparagraph 286(1)(h)(i) and specified in a treatment
9
determination".
10
14 Subsection 287(2A)
11
After "in accordance with", insert "the treatment determination as it
12
relates to".
13
Veterans' Entitlements Act 1986
14
15 Subsection 5Q(1) (definition of approved Guide to the
15
Assessment of Rates of Veterans' Pensions)
16
Repeal the definition.
17
16 Subsection 5Q(1)
18
Insert:
19
Approved Guide to the Assessment of Rates of Veterans'
20
Pensions: see subsection 29(3).
21
17 Subsection 5Q(1) (definition of approved Treatment
22
Principles)
23
Repeal the definition.
24
18 Subsection 5Q(1)
25
Insert:
26
Repatriation Pharmaceutical Benefits Scheme: see
27
subsection 91(3).
28
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
29
19 Subsection 5Q(1) (definition of Repatriation Private
1
Patient Principles)
2
Repeal the definition, substitute:
3
Repatriation Private Patient Principles: see subsection 90A(4).
4
20 Subsection 5Q(1)
5
Insert:
6
Treatment Principles: see subsection 90(4).
7
Vehicle Assistance Scheme: see subsection 105(9).
8
Veterans' Children Education Scheme: see subsection 117(7).
9
Veterans' Vocational Rehabilitation Scheme: see
10
subsection 115B(7).
11
21 Paragraph 13(7)(h)
12
Omit "scheme known as the".
13
22 Subsection 21A(1)
14
Omit "approved", substitute "Approved".
15
23 Paragraph 22(4)(c)
16
Omit "approved", substitute "Approved".
17
24 Section 29 (heading)
18
Repeal the heading, substitute:
19
29 Approved Guide to the Assessment of Rates of Veterans'
20
Pensions
21
25 Subsection 29(1)
22
Omit all the words from and including "from time to time" to and
23
including "setting out", substitute "in writing, determine a guide setting
24
out".
25
26 Subsections 29(2) and (3)
26
Repeal the subsections, substitute:
27
Schedule 7 Legislative instruments
30
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Determination must be approved by the Minister
1
(2) A determination under subsection (1) has no effect unless the
2
Minister has approved it in writing.
3
(3) A determination under subsection (1) approved by the Minister and
4
as in force from time to time is the Approved Guide to the
5
Assessment of Rates of Veterans' Pensions.
6
Variation or revocation of Approved Guide to the Assessment of
7
Rates of Veterans' Pensions
8
(3A) The Commission may, by written determination, vary or revoke the
9
Approved Guide to the Assessment of Rates of Veterans' Pensions.
10
(3B) A determination under subsection (3A) has no effect unless the
11
Minister has approved it in writing.
12
Guide is binding
13
27 Subsection 29(4)
14
Omit "approved" (wherever occurring), substitute "Approved".
15
28 Before subsection 29(5)
16
Insert:
17
Extent of incapacity
18
29 Subsections 29(8), (9) and (10)
19
Repeal the subsections, substitute:
20
Legislative instruments
21
(10) A determination under subsection (1) or (3A) made by the
22
Commission and approved by the Minister is a legislative
23
instrument made by the Minister on the day on which the
24
determination is approved.
25
30 Subsection 29(11)
26
Omit "the document or instrument", substitute "the legislative
27
instrument".
28
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
31
31 At the end of section 29
1
Add:
2
Incorporation of other instruments
3
(12) Despite subsection 14(2) of the Legislation Act 2003:
4
(a) a determination under subsection (1); or
5
(b) a determination under subsection (3A) varying the Approved
6
Guide to the Assessment of Rates of Veterans' Pensions;
7
may make provision in relation to a matter by applying, adopting
8
or incorporating, with or without modification, any matter
9
contained in an instrument or other writing as in force or existing
10
from time to time.
11
32 Transitional provisions
12
(1)
The approved Guide to the Assessment of Rates of Veterans' Pensions
13
in force under section 29 of the Veterans' Entitlements Act 1986
14
immediately before the commencement of this item continues in force
15
on and after that commencement as if it were the Approved Guide to the
16
Assessment of Rates of Veterans' Pensions in force under that section
17
as amended by this Schedule.
18
(2)
Subitem (1) does not prevent a variation or revocation of the Approved
19
Guide to the Assessment of Rates of Veterans' Pensions on or after the
20
commencement of this item.
21
33 Paragraph 52(1)(m)
22
Omit "the scheme administered by the Commonwealth known as".
23
34 Paragraph 70(10A)(e)
24
Omit "scheme known as the".
25
35 Paragraph 84(3A)(b)
26
Omit "specified under paragraph 90(1B)(a)", substitute "mentioned in
27
paragraph 90(1B)(a) and specified in the Treatment Principles".
28
36 Subsection 84(3A)
29
After "in accordance with", insert "the Treatment Principles as they
30
relate to".
31
Schedule 7 Legislative instruments
32
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
37 Section 90 (heading)
1
Repeal the heading, substitute:
2
90 Treatment Principles
3
38 Subsection 90(1)
4
Omit all the words from and including "from time to time" to and
5
including "setting out", substitute "in writing, determine principles
6
setting out".
7
39 At the end of subsection 90(1)
8
Add:
9
Note:
For eligible person, see subsection (8).
10
40 Subsections 90(1A) and (1B)
11
Omit "The Treatment Principles", substitute "A determination under
12
subsection (1)".
13
41 Subsection 90(2)
14
Omit "document referred to in", substitute "determination under".
15
42 Subsection 90(2)
16
Omit "the document", substitute "the determination".
17
43 Subsections 90(3) to (7)
18
Repeal the subsections, substitute:
19
Determination must be approved by the Minister
20
(3) A determination under subsection (1) has no effect unless the
21
Minister has approved it in writing.
22
(4) A determination under subsection (1) approved by the Minister and
23
as in force from time to time is the Treatment Principles.
24
Variation or revocation of Treatment Principles
25
(5) The Commission may, by written determination, vary or revoke the
26
Treatment Principles.
27
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
33
(6) A determination under subsection (5) has no effect unless the
1
Minister has approved it in writing.
2
Legislative instruments
3
(7) A determination under subsection (1) or (5) made by the
4
Commission and approved by the Minister is a legislative
5
instrument made by the Minister on the day on which the
6
determination is approved.
7
Incorporation of other instruments
8
(7A) Despite subsection 14(2) of the Legislation Act 2003:
9
(a) a determination under subsection (1); or
10
(b) a determination under subsection (5) varying the Treatment
11
Principles;
12
may make provision in relation to a matter by applying, adopting
13
or incorporating, with or without modification, any matter
14
contained in an instrument or other writing as in force or existing
15
from time to time.
16
Treatment Principles are binding on the Commission
17
(7B) The Treatment Principles are binding on the Commission in the
18
exercise of its powers and discretions under this Part.
19
Eligible person
20
44 Transitional provisions
21
(1)
The approved Treatment Principles in force under section 90 of the
22
Veterans' Entitlements Act 1986 immediately before the
23
commencement of this item continue in force on and after that
24
commencement as if they were the Treatment Principles in force under
25
that section as amended by this Schedule.
26
(2)
Subitem (1) does not prevent a variation or revocation of the Treatment
27
Principles on or after the commencement of this item.
28
(3)
The amendments made by this Schedule do not affect the continuity of
29
any modifications of the Treatment Principles, being modifications in
30
force under section 16 of the Australian Participants in British Nuclear
31
Schedule 7 Legislative instruments
34
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Tests (Treatment) Act 2006 immediately before the commencement of
1
this item.
2
45 Section 90A (heading)
3
Repeal the heading, substitute:
4
90A Repatriation Private Patient Principles
5
46 At the end of subsection 90A(1)
6
Add:
7
Note:
For eligible person, see subsection (9).
8
47 Subsection 90A(2)
9
Omit "The principles", substitute "A determination under
10
subsection (1)".
11
48 Subsections 90A(3) to (5)
12
Repeal the subsections, substitute:
13
Determination must be approved by the Minister
14
(3) A determination under subsection (1) has no effect unless the
15
Minister has approved it in writing.
16
(4) A determination under subsection (1) approved by the Minister and
17
as in force from time to time is the Repatriation Private Patient
18
Principles.
19
Variation or revocation of Repatriation Private Patient Principles
20
(5) The Commission may, by written determination, vary or revoke the
21
Repatriation Private Patient Principles.
22
(5A) A determination under subsection (5) has no effect unless the
23
Minister has approved it in writing.
24
Legislative instruments
25
(5B) A determination under subsection (1) or (5) made by the
26
Commission and approved by the Minister is a legislative
27
instrument made by the Minister on the day on which the
28
determination is approved.
29
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
35
Incorporation of other instruments
1
(5C) Despite subsection 14(2) of the Legislation Act 2003:
2
(a) a determination under subsection (1); or
3
(b) a determination under subsection (5) varying the Repatriation
4
Private Patient Principles;
5
may make provision in relation to a matter by applying, adopting
6
or incorporating, with or without modification, any matter
7
contained in an instrument or other writing as in force or existing
8
from time to time.
9
49 Subsection 90A(6)
10
Omit "an instrument referred to in subsection (5)", substitute "a
11
determination referred to in subsection (5B)".
12
50 Subsection 90A(6)
13
Omit "approves it", substitute "approved the determination".
14
51 Subsection 90A(7)
15
Repeal the subsection.
16
52 Before subsection 90A(8)
17
Insert:
18
When treatment is provided as a private patient
19
53 Before subsection 90A(9)
20
Insert:
21
Eligible person
22
54 Transitional provisions
23
(1)
The Repatriation Private Patient Principles in force under section 90A
24
of the Veterans' Entitlements Act 1986 immediately before the
25
commencement of this item continue in force on and after that
26
commencement as if they were the Repatriation Private Patient
27
Principles in force under that section as amended by this Schedule.
28
Schedule 7 Legislative instruments
36
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
(2)
Subitem (1) does not prevent a variation or revocation of the
1
Repatriation Private Patient Principles on or after the commencement of
2
this item.
3
(3)
The amendments made by this Schedule do not affect the continuity of a
4
notice in force under subsection 90B(1) of the Veterans' Entitlements
5
Act 1986 immediately before the commencement of this item.
6
(4)
The amendments made by this Schedule do not affect the continuity of
7
any modifications of the Repatriation Private Patient Principles, being
8
modifications in force under section 17 of the Australian Participants in
9
British Nuclear Tests (Treatment) Act 2006 immediately before the
10
commencement of this item.
11
55 Section 91 (heading)
12
Repeal the heading, substitute:
13
91 Repatriation Pharmaceutical Benefits Scheme
14
56 Subsection 91(1)
15
Omit "from time to time, by instrument in writing, prepare", substitute
16
"in writing, determine".
17
57 At the end of subsection 91(1)
18
Add:
19
Note:
For pharmaceutical benefits, see subsection (9).
20
58 Subsection 91(1A)
21
Omit "an instrument", substitute "a determination".
22
59 Subsection 91(1A)
23
Omit "the instrument" (wherever occurring), substitute "the
24
determination".
25
60 Subsections 91(2) to (5)
26
Repeal the subsections, substitute:
27
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
37
Determination must be approved by the Minister
1
(2) A determination under subsection (1) has no effect unless the
2
Minister has approved it in writing.
3
(3) A determination under subsection (1) approved by the Minister and
4
as in force from time to time is the Repatriation Pharmaceutical
5
Benefits Scheme.
6
Variation or revocation of Repatriation Pharmaceutical Benefits
7
Scheme
8
(4) The Commission may, by written determination, vary or revoke the
9
Repatriation Pharmaceutical Benefits Scheme.
10
(5) A determination under subsection (4) has no effect unless the
11
Minister has approved it in writing.
12
Legislative instruments
13
(5A) A determination under subsection (1) or (4) made by the
14
Commission and approved by the Minister is a legislative
15
instrument made by the Minister on the day on which the
16
determination is approved.
17
Incorporation of other instruments
18
(5B) Despite subsection 14(2) of the Legislation Act 2003:
19
(a) a determination under subsection (1); or
20
(b) a determination under subsection (4) varying the Repatriation
21
Pharmaceutical Benefits Scheme;
22
may make provision in relation to a matter by applying, adopting
23
or incorporating, with or without modification, any matter
24
contained in an instrument or other writing as in force or existing
25
from time to time.
26
Inquiry by Pharmaceutical Benefits Remuneration Tribunal
27
61 Subsection 91(6)
28
Omit "an approved scheme or a determination under
29
paragraph 286(1)(c) of the MRCA", substitute "the Repatriation
30
Pharmaceutical Benefits Scheme under this section or a pharmaceutical
31
benefits determination under section 286 of the MRCA".
32
Schedule 7 Legislative instruments
38
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
62 Paragraph 91(8)(a)
1
Omit "prepare an instrument under subsection (2) varying the approved
2
scheme", substitute ", under subsection (4), vary the Repatriation
3
Pharmaceutical Benefits Scheme".
4
63 Paragraph 91(8)(b)
5
Omit "vary the determination under paragraph 286(1)(c) of the
6
MRCA", substitute ", under subsection 286(5) of the MRCA, vary the
7
pharmaceutical benefits determination under section 286 of the
8
MRCA".
9
64 Before subsection 91(9)
10
Insert:
11
Pharmaceutical benefits
12
65 Subsection 91(9) (definition of approved scheme)
13
Repeal the definition.
14
66 Transitional provisions
15
(1)
The scheme in force under section 91 of the Veterans' Entitlements Act
16
1986 immediately before the commencement of this item continues in
17
force on and after that commencement as if it were the Repatriation
18
Pharmaceutical Benefits Scheme in force under that section as amended
19
by this Schedule.
20
(2)
Subitem (1) does not prevent a variation or revocation of the
21
Repatriation Pharmaceutical Benefits Scheme on or after the
22
commencement of this item.
23
67 Subsection 93K(1) (definition of pharmaceutical benefits
24
scheme)
25
Repeal the definition.
26
68 Subsection 93L(1)
27
Omit "pharmaceutical benefits scheme", substitute "Repatriation
28
Pharmaceutical Benefits Scheme".
29
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
39
69 Section 93N
1
Omit "pharmaceutical benefits scheme", substitute "Repatriation
2
Pharmaceutical Benefits Scheme".
3
70 Section 105 (heading)
4
Repeal the heading, substitute:
5
105 Vehicle Assistance Scheme
6
71 Subsection 105(1)
7
Omit "by instrument in writing, prepare a scheme, called the Vehicle
8
Assistance Scheme,", substitute "in writing, determine a scheme".
9
72 Subsections 105(2) to (4)
10
Repeal the subsections.
11
73 Subsection 105(5)
12
Omit "Vehicle Assistance Scheme", substitute "scheme".
13
74 Subsection 105(6)
14
Repeal the subsection.
15
75 Paragraph 105(7)(b)
16
Omit "locomotion; and", substitute "locomotion.".
17
76 Paragraph 105(7)(c)
18
Repeal the paragraph.
19
77 At the end of section 105
20
Add:
21
Determination must be approved by the Minister
22
(8) A determination under subsection (1) has no effect unless the
23
Minister has approved it in writing.
24
(9) A determination under subsection (1) approved by the Minister and
25
as in force from time to time is the Vehicle Assistance Scheme.
26
Schedule 7 Legislative instruments
40
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Variation or revocation of Vehicle Assistance Scheme
1
(10) The Commission may, by written determination, vary or revoke the
2
Vehicle Assistance Scheme.
3
(11) A determination under subsection (10) has no effect unless the
4
Minister has approved it in writing.
5
Legislative instruments
6
(12) A determination under subsection (1) or (10) made by the
7
Commission and approved by the Minister is a legislative
8
instrument made by the Minister on the day on which the
9
determination is approved.
10
Provision of benefits
11
(13) The Commission may provide benefits for veterans referred to in
12
subsection (5) under and in accordance with the provisions of the
13
Vehicle Assistance Scheme.
14
78 Transitional provisions
15
(1)
The scheme in force under section 105 of the Veterans' Entitlements
16
Act 1986 immediately before the commencement of this item continues
17
in force on and after that commencement as if it were the Vehicle
18
Assistance Scheme in force under that section as amended by this
19
Schedule.
20
(2)
Subitem (1) does not prevent a variation or revocation of the Vehicle
21
Assistance Scheme on or after the commencement of this item.
22
79 Subsection 115A(1) (definition of
Veterans' Vocational
23
Rehabilitation Scheme)
24
Repeal the definition.
25
80 Section 115B (heading)
26
Repeal the heading, substitute:
27
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
41
115B Veterans' Vocational Rehabilitation Scheme
1
81 Subsection 115B(1)
2
Omit "from time to time, by instrument in writing, make a scheme, to
3
be called the Veterans' Vocational Rehabilitation Scheme,", substitute
4
"in writing, determine a scheme".
5
82 Subsections 115B(2) to (4)
6
Repeal the subsections.
7
83 Subsection 115B(5)
8
Omit "Scheme" (wherever occurring), substitute "scheme".
9
84 Subsection 115B(6)
10
Repeal the subsection, substitute:
11
Determination must be approved by the Minister
12
(6) A determination under subsection (1) has no effect unless the
13
Minister has approved it in writing.
14
(7) A determination under subsection (1) approved by the Minister and
15
as in force from time to time is the Veterans' Vocational
16
Rehabilitation Scheme.
17
Variation or revocation of Veterans' Vocational Rehabilitation
18
Scheme
19
(8) The Commission may, by written determination, vary or revoke the
20
Veterans' Vocational Rehabilitation Scheme.
21
(9) A determination under subsection (8) has no effect unless the
22
Minister has approved it in writing.
23
Legislative instruments
24
(10) A determination under subsection (1) or (8) made by the
25
Commission and approved by the Minister is a legislative
26
instrument made by the Minister on the day on which the
27
determination is approved.
28
Schedule 7 Legislative instruments
42
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Consultation
1
(11) Before making a determination under subsection (1) or (8), the
2
Commission must consult such organisations and associations,
3
representing the interests of the veteran community, as the
4
Commission thinks appropriate.
5
85 Transitional provisions
6
(1)
The scheme in force under section 115B of the Veterans' Entitlements
7
Act 1986 immediately before the commencement of this item continues
8
in force on and after that commencement as if it were the Veterans'
9
Vocational Rehabilitation Scheme in force under that section as
10
amended by this Schedule.
11
(2)
Subitem (1) does not prevent a variation or revocation of the Veterans'
12
Vocational Rehabilitation Scheme on or after the commencement of this
13
item.
14
86 Subsection 116(1) (definition of Scheme)
15
Repeal the definition.
16
87 Section 117 (heading)
17
Repeal the heading, substitute:
18
117 Veterans' Children Education Scheme
19
88 Subsection 117(1)
20
Omit "from time to time, by instrument in writing, prepare a scheme, to
21
be called the Veterans' Children Education Scheme,", substitute "in
22
writing, determine a scheme".
23
89 Subsections 117(2) to (4)
24
Repeal the subsections.
25
90 Subsection 117(5)
26
Omit "Scheme" (wherever occurring), substitute "scheme".
27
91 At the end of section 117
28
Add:
29
Legislative instruments Schedule 7
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
43
Determination must be approved by the Minister
1
(6) A determination under subsection (1) has no effect unless the
2
Minister has approved it in writing.
3
(7) A determination under subsection (1) approved by the Minister and
4
as in force from time to time is the Veterans' Children Education
5
Scheme.
6
Variation or revocation of Veterans' Children Education Scheme
7
(8) The Commission may, by written determination, vary or revoke the
8
Veterans' Children Education Scheme.
9
(9) A determination under subsection (8) has no effect unless the
10
Minister has approved it in writing.
11
Legislative instruments
12
(10) A determination under subsection (1) or (8) made by the
13
Commission and approved by the Minister is a legislative
14
instrument made by the Minister on the day on which the
15
determination is approved.
16
92 Transitional provisions
17
(1)
The scheme in force under section 117 of the Veterans' Entitlements
18
Act 1986 immediately before the commencement of this item continues
19
in force on and after that commencement as if it were the Veterans'
20
Children Education Scheme in force under that section as amended by
21
this Schedule.
22
(2)
Subitem (1) does not prevent a variation or revocation of the Veterans'
23
Children Education Scheme on or after the commencement of this item.
24
93 Section 118 (heading)
25
Repeal the heading, substitute:
26
118 Commission may provide benefits under Veterans' Children
27
Education Scheme
28
94 Subsection 118(1)
29
Omit "Scheme", substitute "Veterans' Children Education Scheme".
30
Schedule 7 Legislative instruments
44
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
95 Subsection 118(2)
1
Omit "scheme", substitute "Veterans' Children Education Scheme".
2
96 Paragraph 118A(1)(c)
3
Omit "scheme known as the".
4
Minor amendments Schedule 8
Removal of spent veterans' affairs payments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
45
Schedule 8--Minor amendments
1
Part 1--Removal of spent veterans' affairs payments
2
Division 1
--Main amendments
3
Veterans' Entitlements Act 1986
4
1 Paragraphs 5H(8)(zzaa) to (zzag)
5
Repeal the paragraphs.
6
2 Paragraph 5H(8)(zzai)
7
Repeal the paragraph.
8
3 Paragraph 5H(8)(zzb)
9
Omit "initiative;", substitute "initiative.".
10
4 Paragraphs 5H(8)(zzc) to (zzg)
11
Repeal the paragraphs.
12
5 Paragraph 5H(8)(zzh)
13
Repeal the paragraph (not including the note).
14
6 Subsection 5Q(1) (definition of clean energy advance)
15
Repeal the definition.
16
7 Subsection 5Q(1) (paragraph (a) of the definition of clean
17
energy bonus)
18
Repeal the paragraph.
19
8 Subsection 5Q(1) (paragraph (a) of the definition of clean
20
energy payment)
21
Repeal the paragraph.
22
9 Division 1 of Part IIIE
23
Repeal the Division.
24
Schedule 8 Minor amendments
Part 1 Removal of spent veterans' affairs payments
46
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
10 Parts VIID to VIIH
1
Repeal the Parts.
2
Division 2
--Other amendments
3
Income Tax Assessment Act 1997
4
11 Section 11-
15 (table item headed "social security or like
5
payments")
6
Omit:
7
economic security strategy payment under the
Veterans' Entitlements Act 1986 ..................................
52-65
12 Section 11-
15 (table item headed "social security or like
8
payments")
9
Omit:
10
ETR payment under the Veterans' Entitlements Act
1986 ..............................................................................
52-65
13 Paragraphs 52-65(1)(d) and (da)
11
Repeal the paragraphs.
12
14 Subsections 52-65(1D) and (1H)
13
Repeal the subsections.
14
15 Section 52-75 (table items 5B and 5C)
15
Repeal the items.
16
Social Security Act 1991
17
16 Subparagraph 8(8)(y)(ia)
18
Repeal the subparagraph.
19
17 Paragraphs 8(8)(yb), (yd), (yf), (yh) and (yhb)
20
Repeal the paragraphs.
21
Minor amendments Schedule 8
Removal of spent veterans' affairs payments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
47
Social Security (Administration) Act 1999
1
18 Section 123TC (paragraph (b) of the definition of clean
2
energy income-managed payment)
3
Repeal the paragraph.
4
Division 3
--Saving provisions
5
19 Saving provisions
6
(1)
Despite the amendments made by this Part, Subdivision D of Division 1
7
of Part IIIE of the Veterans' Entitlements Act 1986, as in force
8
immediately before the commencement of this item, continues to apply
9
on and after that commencement for the purposes of any payment of
10
clean energy advance made on or after that commencement.
11
(2)
Despite the amendments made by this Part, Subdivision E of Division 1
12
of Part IIIE of the Veterans' Entitlements Act 1986, as in force
13
immediately before the commencement of this item, continues to apply
14
on and after that commencement in relation to a payment of clean
15
energy advance made before, on or after that commencement.
16
(3)
Despite the amendments made by this Part, section 118ZZVH of the
17
Veterans' Entitlements Act 1986, as in force immediately before the
18
commencement of this item, continues to apply on and after that
19
commencement for the purposes of any payment of ETR payment made
20
on or after that commencement.
21
(4)
Despite the amendments made by this Part, sections 205 to 206 of the
22
Veterans' Entitlements Act 1986, as in force immediately before the
23
commencement of this item, continue to apply on and after that
24
commencement in relation to a payment under Part VIID, VIIE, VIIF,
25
VIIG or VIIH of that Act made before, on or after that commencement.
26
(5)
Despite the amendments made by this Part, subsection 52-65(1G) of the
27
Income Tax Assessment Act 1997, as in force immediately before the
28
commencement of this item, continues to apply on and after that
29
commencement in relation to a payment of clean energy advance under
30
the Veterans' Entitlements Act 1986 made before, on or after that
31
commencement.
32
(6)
Despite the amendments made by this Part, subsection 52-65(1H) of the
33
Income Tax Assessment Act 1997, as in force immediately before the
34
Schedule 8 Minor amendments
Part 1 Removal of spent veterans' affairs payments
48
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
commencement of this item, continues to apply on and after that
1
commencement in relation to an ETR payment made before, on or after
2
that commencement.
3
(7)
Despite the amendments made by this Part, paragraph 5H(8)(zzai) of
4
the Veterans' Entitlements Act 1986, as in force immediately before the
5
commencement of this item, continues to apply on and after that
6
commencement in relation to an ETR payment made before, on or after
7
that commencement.
8
(8)
Despite the amendments made by this Part, paragraph 5H(8)(zzh) of the
9
Veterans' Entitlements Act 1986, as in force immediately before the
10
commencement of this item, continues to apply on and after that
11
commencement in relation to a payment under the scheme determined
12
under Part 2 of Schedule 1 to the Family Assistance and Other
13
Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012,
14
being a payment made before, on or after that commencement.
15
(9)
Despite the amendments made by this Part, paragraph 8(8)(yhb) of the
16
Social Security Act 1991, as in force immediately before the
17
commencement of this item, continues to apply on and after that
18
commencement in relation to an ETR payment made before, on or after
19
that commencement.
20
(10)
Despite the amendments made by this Part, Subdivision DE of
21
Division 5 of Part 3B of the Social Security (Administration) Act 1999,
22
as in force immediately before the commencement of this item,
23
continues to apply on and after that commencement in relation to a
24
clean energy advance under the Veterans' Entitlements Act for service
25
pension, being an advance payable before, on or after that
26
commencement.
27
Minor amendments Schedule 8
Removal of spent military rehabilitation and compensation payments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
49
Part 2--Removal of spent military rehabilitation and
1
compensation payments
2
Division 1
--Main amendments
3
Military Rehabilitation and Compensation Act 2004
4
20 Subsection 5(1) (definition of clean energy advance)
5
Repeal the definition.
6
21 Subsection 5(1) (paragraph (a) of the definition of clean
7
energy bonus)
8
Repeal the paragraph.
9
22 Subsection 5(1) (definition of clean energy payment)
10
Omit "clean energy advance or".
11
23 Subsection 415(2)
12
Omit ", 317 and 424K", substitute "and 317".
13
24 Subsection 415(2) (note)
14
Repeal the note, substitute:
15
Note:
Chapter 6 has its own recovery provisions (see sections 315, 316 and
16
317).
17
25 Divisions 1 to 5 of Part 5A of Chapter 11
18
Repeal the Divisions.
19
Division 2
--Other amendments
20
Income Tax Assessment Act 1997
21
26 Section 52-114 (table item 22)
22
Omit "and Part 5A of Chapter 11".
23
Schedule 8 Minor amendments
Part 2 Removal of spent military rehabilitation and compensation payments
50
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
No. , 2017
Division 3
--Saving provisions
1
27 Saving provisions
2
(1)
Despite the amendments made by this Part, Division 4 of Part 5A of
3
Chapter 11 of the Military Rehabilitation and Compensation Act 2004,
4
as in force immediately before the commencement of this item,
5
continues to apply on and after that commencement for the purposes of
6
any payment of clean energy advance made on or after that
7
commencement.
8
(2)
Despite the amendments made by this Part, Division 5 of Part 5A of
9
Chapter 11 of the Military Rehabilitation and Compensation Act 2004,
10
as in force immediately before the commencement of this item,
11
continues to apply on and after that commencement in relation to a
12
payment of clean energy advance made before, on or after that
13
commencement.
14
(3)
Despite the amendments made by this Part, table item 22 in
15
section 52-114 of the Income Tax Assessment Act 1997, as in force
16
immediately before the commencement of this item, continues to apply
17
on and after that commencement in relation to a payment of clean
18
energy advance under Part 5A of Chapter 11 of the Military
19
Rehabilitation and Compensation Act 2004 made before, on or after that
20
commencement.
21
Minor amendments Schedule 8
Other amendments Part 3
No. , 2017
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
51
Part 3--Other amendments
1
Veterans' Entitlements Act 1986
2
28 Subsection 52B(4)
3
Omit "Commission", substitute "Minister".
4
29 Transitional provision
5
A determination in force for the purposes of subsection 52B(4) of the
6
Veterans' Entitlements Act 1986 immediately before the
7
commencement of this item continues in force on and after that
8
commencement as if it were a determination made under that subsection
9
as amended by this Part.
10
30 Subsection 213(2)
11
After "for the purposes of this Act or the regulations", insert "or the
12
other legislative instrument made under this Act".
13
31 Subsection 213(4)
14
Omit "under this Act".
15
32 Subsection 214(2)
16
After "for the purposes of this Act or the regulations", insert "or the
17
other legislative instrument made under this Act".
18
33 Subsection 214(4)
19
Omit "under this Act".
20
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