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This is a Bill, not an Act. For current law, see the Acts databases.
VETERANS' ENTITLEMENTS AMENDMENT BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Entitlements Amendment Bill
2011
No. , 2011
(Veterans' Affairs)
A Bill for an Act to amend the Veterans'
Entitlements Act 1986, and for related purposes
i Veterans' Entitlements Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Prisoner of war recognition supplement
3
Part 1--Main amendments
3
Veterans' Entitlements Act 1986
3
Part 2--Consequential amendments
8
Income Tax Assessment Act 1997
8
Social Security Act 1991
8
Veterans' Entitlements Act 1986
8
Schedule 2--Compensation offsetting
10
Veterans' Entitlements Act 1986
10
Schedule 3--Temporary incapacity allowance
16
Income Tax Assessment Act 1997
16
Veterans' Entitlements Act 1986
16
Veterans' Entitlements Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend the Veterans'
1
Entitlements Act 1986, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Veterans' Entitlements Amendment
5
Act 2011.
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' Entitlements Amendment Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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 2011.
20 September
2011
3. Schedule 2
The day this Act receives the Royal Assent.
4. Schedule 3
20 September 2011.
20 September
2011
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 Schedule(s)
7
Each Act 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
12
Prisoner of war recognition supplement Schedule 1
Main amendments Part 1
Veterans' Entitlements Amendment Bill 2011 No. , 2011 3
Schedule 1--Prisoner of war recognition
1
supplement
2
Part 1--Main amendments
3
Veterans' Entitlements Act 1986
4
1 After Part VIA
5
Insert:
6
Part VIB--Prisoner of war recognition supplement
7
Division 1--Eligibility for prisoner of war recognition
8
supplement
9
115M Eligibility for prisoner of war recognition supplement
10
World War 2 internments--European States
11
(1) A veteran is eligible for a prisoner of war recognition supplement
12
if the veteran was interned by the military forces of an enemy State
13
at any time during the period starting on 3 September 1939 and
14
ending at the end of 11 May 1945.
15
(2) A civilian is eligible for a prisoner of war recognition supplement
16
if:
17
(a) the civilian was interned by the military forces of an enemy
18
State at any time during the period starting on 3 September
19
1939 and ending at the end of 11 May 1945; and
20
(b) the civilian was domiciled in Australia immediately before
21
the civilian's internment.
22
World War 2 internments--Japan
23
(3) A veteran is eligible for a prisoner of war recognition supplement
24
if the veteran was interned by the military forces of Japan at any
25
time during the period beginning on 7 December 1941 and ending
26
at the end of 29 October 1945.
27
Schedule 1 Prisoner of war recognition supplement
Part 1 Main amendments
4 Veterans' Entitlements Amendment Bill 2011 No. , 2011
(4) A civilian is eligible for a prisoner of war recognition supplement
1
if:
2
(a) the civilian was interned by the military forces of Japan at
3
any time during the period beginning on 7 December 1941
4
and ending at the end of 29 October 1945; and
5
(b) the civilian was domiciled in Australia immediately before
6
the civilian's internment.
7
North Korean internments
8
(5) A veteran is eligible for a prisoner of war recognition supplement
9
if the veteran was interned by the military forces of North Korea at
10
any time during the period beginning on 27 June 1950 and ending
11
at the end of 19 April 1956.
12
One supplement only
13
(6) A person is not entitled to more than one prisoner of war
14
recognition supplement.
15
Definitions
16
(7) In this section:
17
civilian means a person who is not a veteran.
18
enemy State means:
19
(a) a European State that was at war with the Crown at any time
20
during the period starting on 3 September 1939 and ending at
21
the end of 11 May 1945; or
22
(b) a European ally (whether or not a State) of a State covered by
23
paragraph (a).
24
interned means:
25
(a) confined in a camp, building, prison, cave or other place
26
(including a vehicle); or
27
(b) restricted to residing within specified limits.
28
military forces means air forces, naval forces, land forces or other
29
military forces (however described).
30
Prisoner of war recognition supplement Schedule 1
Main amendments Part 1
Veterans' Entitlements Amendment Bill 2011 No. , 2011 5
115N When prisoner of war recognition supplement is payable
1
(1) If, on 20 September 2011, the Commission is satisfied that a
2
person is eligible for a prisoner of war recognition supplement, the
3
supplement is payable to the person without the person having to
4
make a claim for the supplement under Division 3.
5
(2) If subsection (1) does not apply in relation to a person, a prisoner
6
of war recognition supplement is not payable to the person unless
7
the person makes a claim for the supplement under Division 3.
8
(3) A prisoner of war recognition supplement is not payable to a
9
person in relation to a pension period if before the start of that
10
period:
11
(a) the person had elected not to be covered by this Part; and
12
(b) that election had not been withdrawn.
13
(4) An election, or a withdrawal of an election, under this section:
14
(a) must be by document lodged at an office of the Department
15
in Australia in accordance with section 5T; and
16
(b) is taken to have been made on a day determined under that
17
section.
18
Division 2--Rate of prisoner of war recognition
19
supplement
20
115P Rate of prisoner of war recognition supplement
21
The rate of prisoner of war recognition supplement under
22
section 115M is $500.00 per fortnight.
23
Note:
The amount specified in this section is adjusted annually in line with
24
CPI increases under section 198D.
25
Division 3--Claims for prisoner of war recognition
26
supplement
27
115Q Making of claims
28
(1) A claim for a prisoner of war recognition supplement must be
29
made in accordance with procedures determined by the
30
Commission under subsection (2).
31
Schedule 1 Prisoner of war recognition supplement
Part 1 Main amendments
6 Veterans' Entitlements Amendment Bill 2011 No. , 2011
Note:
A prisoner of war recognition supplement will be made automatically
1
to those eligible persons the Department is aware of.
2
(2) The Commission may, in writing, determine the procedures for
3
making claims.
4
(3) A determination made under subsection (2) is not a legislative
5
instrument.
6
115R Determination of claims
7
(1) Claims are to be determined by the Commission.
8
(2) If the Commission determines that a prisoner of war recognition
9
supplement is payable to a person, the determination takes effect
10
on the day on which the determination is made or on such earlier
11
day as is specified in the determination.
12
(3) A person who is dissatisfied with the Commission's decision on a
13
claim may apply to the Administrative Appeals Tribunal for review
14
of the decision.
15
2 Subsection 119(2) (at the end of the definition of claim)
16
Add:
17
; or (f) a claim for prisoner of war recognition supplement under
18
Part VIB.
19
3 Subsection 121(4)
20
Omit "If", substitute "Subject to subsection (4A), if".
21
4 After subsection 121(4)
22
Insert:
23
Exception--prisoner of war recognition supplement
24
(4A) If a person who is receiving a prisoner of war recognition
25
supplement under Part VIB dies, an amount is payable to the
26
person's estate as an instalment of that supplement in relation to
27
the pension period in which the person died.
28
5 Subsection 121(7) (definition of pension)
29
After "includes", insert "prisoner of war recognition supplement under
30
Part VIB,".
31
Prisoner of war recognition supplement Schedule 1
Main amendments Part 1
Veterans' Entitlements Amendment Bill 2011 No. , 2011 7
6 Subsection 198D(1) (at the end of the definition of relevant
1
rate)
2
Add:
3
; or (e) section 115P.
4
7 Application--indexation
5
The amendment made by item 6 applies in relation to the year
6
commencing on 20 September 2012 and each later year commencing on
7
20 September.
8
9
Schedule 1 Prisoner of war recognition supplement
Part 2 Consequential amendments
8 Veterans' Entitlements Amendment Bill 2011 No. , 2011
Part 2--Consequential amendments
1
Income Tax Assessment Act 1997
2
8 At the end of subsection 52-65(1) (before the note)
3
Add:
4
; or (e) a prisoner of war recognition supplement under Part VIB of
5
the Veterans' Entitlements Act 1986.
6
9 After subsection 52-65(1E)
7
Insert:
8
(1F) A prisoner of war recognition supplement under Part VIB of the
9
Veterans' Entitlements Act 1986 is exempt from income tax.
10
10 Section 52-75 (after table item 12)
11
Insert:
12
12A
Prisoner of war recognition
supplement
Part VIB
Not applicable
Social Security Act 1991
13
11 After subparagraph 8(8)(y)(vii)
14
Insert:
15
(viiaaa) prisoner of war recognition supplement under Part VIB
16
of that Act; or
17
Veterans' Entitlements Act 1986
18
12 Before paragraph 5H(8)(fa)
19
Insert:
20
(faaa) a payment under Part VIB (prisoner of war recognition
21
supplement);
22
Note:
However, a payment referred to in paragraph (faaa) is counted in
23
working out a person's total income for the purposes of the
24
hardship rules (see section 52Z).
25
13 After paragraph 52Z(3A)(f)
26
Insert:
27
Prisoner of war recognition supplement Schedule 1
Consequential amendments Part 2
Veterans' Entitlements Amendment Bill 2011 No. , 2011 9
(fa) a payment under Part VIB (prisoner of war recognition
1
supplement);
2
3
Schedule 2 Compensation offsetting
10 Veterans' Entitlements Amendment Bill 2011 No. , 2011
Schedule 2--Compensation offsetting
1
2
Veterans' Entitlements Act 1986
3
1 Subsection 25A(1)
4
Omit "for a", substitute "in respect of the incapacity of the veteran from
5
a".
6
2 Subsection 25A(1)
7
Omit "some other injury or disease", substitute "that injury or disease,
8
or any other injury or disease, in relation to some other incapacity of the
9
veteran".
10
3 Paragraphs 30C(1)(c), (2)(c) and (3)(c)
11
Omit "the incapacity from that injury or disease or the death", substitute
12
"the same incapacity of the veteran from that or any other injury or
13
disease or in respect of that death".
14
4 Paragraph 30C(6)(c)
15
Omit "the incapacity of the veteran from that injury or disease, or that
16
death,", substitute "the same incapacity of the veteran from that or any
17
other injury or disease, or in respect of that death,".
18
5 Paragraph 30D(1)(c)
19
Omit "the incapacity from that injury or disease or the death", substitute
20
"the same incapacity of the veteran from that or any other injury or
21
disease or in respect of that death".
22
6 Paragraph 30D(3)(b)
23
Omit "the incapacity of the veteran from that injury or disease, or the
24
death of the veteran,", substitute "the same incapacity of the veteran
25
from that or any other injury or disease, or in respect of that death,".
26
7 Paragraph 30E(b)
27
Omit "the incapacity of the veteran from that injury or disease or the
28
death of the veteran", substitute "the same incapacity of the veteran
29
from that or any other injury or disease or in respect of that death".
30
Compensation offsetting Schedule 2
Veterans' Entitlements Amendment Bill 2011 No. , 2011 11
8 Subparagraph 30E(c)(i)
1
Omit "for the incapacity or death", substitute "in respect of the same
2
incapacity of the veteran or in respect of that death".
3
9 Paragraph 30G(1)(b)
4
Omit "the incapacity of the veteran from that injury or disease or the
5
death of the veteran", substitute "the same incapacity of the veteran
6
from that or any other injury or disease or in respect of that death".
7
10 Paragraph 30H(1)(b)
8
Omit "the incapacity of the veteran from that injury or disease or the
9
death of the veteran", substitute "the same incapacity of the veteran
10
from that or any other injury or disease or in respect of that death".
11
11 Subparagraph 30H(1)(b)(ii)
12
Omit "the incapacity or death", substitute "the same incapacity of the
13
veteran or in respect of that death".
14
12 Subparagraph 30K(b)(i)
15
Omit "the incapacity of the veteran from that injury or disease",
16
substitute "the same incapacity of the veteran from that or any other
17
injury or disease".
18
13 Subparagraph 30L(b)(iii)
19
Omit "the incapacity of the veteran from that injury or disease",
20
substitute "the same incapacity of the veteran from that or any other
21
injury or disease".
22
14 Subsection 30P(2)
23
Omit "in respect of the incapacity or death of the veteran".
24
15 Subsection 74(2)
25
Omit "from a defence-caused injury or a defence-caused disease".
26
16 Paragraph 74(2)(a)
27
Omit "that injury or disease", substitute "an injury or disease".
28
17 Paragraph 74(2)(b)
29
Schedule 2 Compensation offsetting
12 Veterans' Entitlements Amendment Bill 2011 No. , 2011
Omit "the incapacity of the member from that injury or disease",
1
substitute "the same incapacity of the member from that or any other
2
injury or disease".
3
18 Subparagraph 74(3)(a)(ii)
4
Omit "from injury or disease".
5
19 Paragraph 74(3)(b)
6
Omit "the incapacity of that member from that injury or disease, or the
7
death of that member from that injury or disease", substitute "the same
8
incapacity of the member from that or any other injury or disease or in
9
respect of the death of that member".
10
20 Subparagraph 74(3A)(a)(ii)
11
Omit "from injury or disease".
12
21 Paragraph 74(3A)(b)
13
Omit "that incapacity or death", substitute "the same incapacity of the
14
member from that or any other injury or disease or in respect of the
15
death of that member".
16
22 Subparagraph 74(3B)(a)(ii)
17
Omit "from injury or disease".
18
23 Paragraph 74(3B)(b)
19
Omit "that incapacity or death", substitute "the same incapacity of the
20
member from that or any other injury or disease or in respect of the
21
death of that member".
22
24 Subsection 74(8)
23
Omit "from injury or disease, or both".
24
25 Subsection 74(8)
25
Omit "from that injury or disease, or both".
26
26 Subsection 74(9)
27
Omit "from injury or disease, or both".
28
27 Paragraph 75(1)(b)
29
Compensation offsetting Schedule 2
Veterans' Entitlements Amendment Bill 2011 No. , 2011 13
Repeal the paragraph, substitute:
1
(b) a person other than the Commonwealth appears legally liable
2
to pay damages in respect of the same incapacity of the
3
member from that or any other injury or disease or in respect
4
of that death; and
5
28 Paragraph 75(1)(c)
6
Omit "of the injury or disease, or the death,", substitute "of the same
7
incapacity of the member, or in respect of that death,".
8
29 Subparagraph 76(1)(a)(i)
9
After "in respect of", insert "the incapacity of the member from".
10
30 Paragraph 76(1)(b)
11
Omit "the incapacity of the member from that injury or disease",
12
substitute "the same incapacity of the member from that or any other
13
injury or disease".
14
31 Subsection 76(1)
15
Omit "in respect of the injury or disease" (wherever occurring),
16
substitute "in respect of the incapacity of the member".
17
32 Subsection 76(1)
18
Omit "from that injury or disease" (last occurring).
19
33 Subparagraph 76(2)(a)(i)
20
After "in respect of", insert "the incapacity of the member from".
21
34 Paragraph 76(2)(a)
22
Omit "the incapacity of the member from that injury or disease",
23
substitute "the same incapacity of the member from that or any other
24
injury or disease".
25
35 Subparagraph 76(2)(b)(i)
26
After "in respect of", insert "the incapacity of the member from".
27
36 Paragraph 76(2)(b)
28
Schedule 2 Compensation offsetting
14 Veterans' Entitlements Amendment Bill 2011 No. , 2011
Omit "the incapacity of the member from that injury or disease",
1
substitute "the same incapacity of the member from that or any other
2
injury or disease".
3
37 Subsection 76(2)
4
Omit "from that injury or disease" (last occurring).
5
38 Subparagraph 77(a)(i)
6
After "in respect of", insert "the incapacity of the member from".
7
39 Paragraph 77(b)
8
Omit "the incapacity of the member from that injury or disease",
9
substitute "the same incapacity of the member from that or any other
10
injury or disease".
11
40 Subsection 78(1)
12
Omit "the injury suffered by, or the disease contracted by, the member",
13
substitute "the same incapacity of the member from that or any other
14
injury or disease".
15
41 Subsection 78(2)
16
Omit "the injury suffered, or the disease contracted, by the member",
17
substitute "the same incapacity of the member from that or any other
18
injury or disease".
19
42 Subsection 79(1)
20
Omit "in respect of the incapacity from that injury or disease or of the
21
death of the member, as the case may be".
22
43 Application
23
(1)
Sections 30C, 30D, 30E, 30G, 30H, 30K, 30L, 30P, 74, 75, 76, 77, 78
24
and 79 of the Veterans' Entitlements Act 1986, as amended by this Act,
25
apply in relation to working out the rates of pension under that Act for
26
days on or after the commencement of this item, whether:
27
(a) in relation to section 30C of that Act--the lump sum
28
payments were made before, on or after that commencement;
29
or
30
Compensation offsetting Schedule 2
Veterans' Entitlements Amendment Bill 2011 No. , 2011 15
(b) in relation to section 30D of that Act--the periodic payments
1
of compensation began to be paid before, on or after that
2
commencement; or
3
(c) in relation to section 74 of that Act--the entitlement to
4
receive payments by way of compensation arose, or the
5
payments of compensation were made, before, on or after
6
that commencement.
7
(2)
Section 25A of the Veterans' Entitlements Act 1986, as amended by this
8
Act, applies in relation to:
9
(a) working out the rates of pension under that Act for days on or
10
after the commencement of this item; and
11
(b) working out the rate of temporary incapacity allowance and
12
loss of earnings allowance under that Act for days on or after
13
the commencement of this item;
14
whether the payments of compensation were made before, on or after
15
that commencement.
16
17
Schedule 3 Temporary incapacity allowance
16 Veterans' Entitlements Amendment Bill 2011 No. , 2011
Schedule 3--Temporary incapacity allowance
1
2
Income Tax Assessment Act 1997
3
1 Section 52-65 (table item 19.1)
4
Repeal the item.
5
2 Section 52-75 (table item 19)
6
Repeal the item.
7
Veterans' Entitlements Act 1986
8
3 Subsection 5Q(1) (paragraph (b) of the definition of
9
disability pension)
10
Repeal the paragraph.
11
4 Paragraphs 25A(1)(b) and (3)(b)
12
Omit "a temporary incapacity allowance under section 107 or".
13
5 Paragraph 96(2)(f)
14
Omit "107(5) and (6) and".
15
6 Section 107
16
Repeal the section.
17
7 Paragraph 111(1)(f)
18
Repeal the paragraph.
19
8 Subsection 112(1)
20
Repeal the subsection.
21
9 Paragraph 112(4)(a)
22
Repeal the paragraph.
23
10 Subsection 112(4)
24
Omit "(1),".
25
Temporary incapacity allowance Schedule 3
Veterans' Entitlements Amendment Bill 2011 No. , 2011 17
11 Paragraph 115(1)(f)
1
Repeal the paragraph.
2
12 Section 118NA (paragraph (b) of the definition of adjusted
3
disability pension)
4
Repeal the paragraph.
5
13 Subsection 121(7) (definition of pension)
6
Omit ", temporary incapacity allowance under section 107".
7
14 Subsection 128A(1) (paragraph (b) of the definition of
8
income payment)
9
Repeal the paragraph.
10
15 Transitional
11
(1)
Despite the amendment made by item 1, table item 19.1 in
12
section 52-65 of the Income Tax Assessment Act 1997 (as in force
13
immediately before the commencement of this item) continues to apply
14
on and after that commencement in relation to payments of temporary
15
incapacity allowance made before, on or after that commencement.
16
(2)
Despite the amendments made by items 4, 5, 13 and 14, sections 25A,
17
96, 121 and 128A of the Veterans' Entitlements Act 1986 (as in force
18
immediately before the commencement of those items) continue to
19
apply on and after that commencement in relation to a grant of
20
temporary incapacity allowance made before, on or after that
21
commencement.
22
(3)
Despite the amendment made by item 6, section 107 of the Veterans'
23
Entitlements Act 1986, as in force immediately before the
24
commencement of that item, continues to apply on and after that
25
commencement in relation to days occurring before 20 September 2011.
26
(4) If:
27
(a) before the commencement of this item:
28
(i) a veteran is admitted to a hospital or other institution for
29
treatment in respect of a war-caused injury or a
30
war-caused disease; or
31
(ii) a member of the Forces, or a member of a Peacekeeping
32
Force, is admitted to a hospital or other institution for
33
Schedule 3 Temporary incapacity allowance
18 Veterans' Entitlements Amendment Bill 2011 No. , 2011
treatment in respect of a defence-caused injury or a
1
defence-caused disease; and
2
(b) the period (the pre-commencement period) beginning on the
3
day of that admission and ending at the end of 19 September
4
2011 does not exceed 4 weeks;
5
then:
6
(c) section 107 of the Veterans' Entitlements Act 1986, as in
7
force immediately before the commencement of this item,
8
continues to apply, on and after that commencement, in
9
relation to that veteran or member, that admission and that
10
treatment; and
11
(d) if, under that section, the Commission grants a temporary
12
incapacity allowance to the veteran or member--for the
13
purposes of subsections 107(4) and (8) of that Act, the
14
pre-commencement period is taken to be the relevant period
15
applicable to the incapacity.
16
Note:
Section 96 of the Veterans' Entitlements Act 1986 applies section 107 of that Act to
17
members of the Forces or members of a Peacekeeping Force.
18
(5)
Subsection 107(8) of the Veterans' Entitlements Act 1986, as in force
19
immediately before the commencement of this item, continues to apply
20
on and after that commencement in relation to payments of temporary
21
incapacity allowance made before, on or after that commencement.
22
(6)
Despite the amendments made by items 7 to 11, sections 111, 112 and
23
115 of the Veterans' Entitlements Act 1986 (as in force immediately
24
before the commencement of those items) continue to apply on and
25
after that commencement in relation to applications for temporary
26
incapacity allowance made before, on or after that commencement.
27