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Act No. 102 of 2001 as made
An Act to amend the Veterans' Entitlements Act 1986, and for related purposes
Administered by: Veterans' Affairs
Originating Bill: Veterans' Affairs Legislation Amendment (2001 Budget Measures) Bill 2001
Date of Assent 04 Sep 2001
Table of contents.

 

 

 

 

 

Veterans’ Affairs Legislation Amendment (2001 Budget Measures) Act 2001

 

No. 102, 2001


 

 

 

 

Veterans’ Affairs Legislation Amendment (2001 Budget Measures) Act 2001

 

No. 102, 2001

 

 

 

 

An Act to amend the Veterans’ Entitlements Act 1986, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Extension of the Repatriation Pharmaceutical Benefits Scheme       3

Veterans’ Entitlements Act 1986                                                                              3

Schedule 2—Beneficial treatment of superannuation assets for people aged between 55 and pension age                                                                                                                                                          14

Veterans’ Entitlements Act 1986                                                                            14

Schedule 3—Reinstatement of certain pensions and benefits                    15

Veterans’ Entitlements Act 1986                                                                            15

Schedule 4—Amendments consequential on changed administrative law arrangements  23

Veterans’ Entitlements Act 1986                                                                            23

 


Veterans’ Affairs Legislation Amendment (2001 Budget Measures) Act 2001

No. 102, 2001

 

 

 

An Act to amend the Veterans’ Entitlements Act 1986, and for related purposes

[Assented to 4 September 2001]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Veterans’ Affairs Legislation Amendment (2001 Budget Measures) Act 2001.

2  Commencement

             (1)  Sections 1, 2 and 3 and Schedules 1 and 3 commence on the day on which this Act receives the Royal Assent.

             (2)  Schedule 2 is taken to have commenced on 1 July 2001.

             (3)  Items 1 and 3 of Schedule 4 commence at the later of:

                     (a)  the time that is immediately after the commencement of Schedule 1 to this Act; and

                     (b)  the time when Parts 4 to 10 of the Administrative Review Tribunal Act 2001 commence.

             (4)  Item 2 of Schedule 4 commences at the later of:

                     (a)  the time that is immediately after the commencement of Schedule 3 to this Act; and

                     (b)  the time when Parts 4 to 10 of the Administrative Review Tribunal Act 2001 commence.

3  Schedule(s)

                   Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Extension of the Repatriation Pharmaceutical Benefits Scheme

  

Veterans’ Entitlements Act 1986

1  Subsection 7A(1)

Omit “Part III”, substitute “Parts III and VA”.

2  After Part V

Insert:

Part VAExtension of Repatriation Pharmaceutical Benefits Scheme

Division 1Definitions

93K  Definitions

             (1)  In this Part:

pharmaceutical benefits has the same meaning as in subsection 91(9).

pharmaceutical benefits scheme means an approved scheme within the meaning of subsection 91(9).

             (2)  In this Part, a person is the holder of a pharmaceutical benefits card under this Part while there is in force under section 93X a determination that the person is entitled to a pharmaceutical benefits card under this Part.

Division 2Pharmaceutical benefits may be obtained

93L  Certain veterans and mariners may obtain pharmaceutical benefits

             (1)  If a Commonwealth veteran, allied veteran or allied mariner is the holder of a pharmaceutical benefits card under this Part, then the veteran or mariner may obtain pharmaceutical benefits under the pharmaceutical benefits scheme as if the veteran or mariner were a person who is eligible to be provided with treatment under Part V.

Note 1:       For the meanings of Commonwealth veteran, allied veteran and allied mariner, see subsection 5C(1).

Note 2:       Apart from enabling the obtaining of pharmaceutical benefits, subsection 93L(1) has the effect of applying provisions of Part V such as section 93 (Recovery of costs of treatment), section 93B (False statements relating to treatment) and section 93C (Knowingly making false statements relating to treatment) to the veteran or mariner in respect of pharmaceutical benefits provided to the veteran or mariner.

             (2)  Nothing in this section entitles a Commonwealth veteran, allied veteran or allied mariner to be provided with a form of treatment, other than pharmaceutical benefits, under Part V.

Division 3Eligibility for, and entitlement to, pharmaceutical benefits card

Subdivision AEligibility

93M  Who is eligible?

             (1)  A Commonwealth veteran, an allied veteran or an allied mariner is eligible for a pharmaceutical benefits card under this Part if the veteran or mariner:

                     (a)  is 70 years of age or older; and

                     (b)  has rendered qualifying service during a period covered by paragraph (a) or (b) of the definition of period of hostilities in subsection 5B(1); and

                     (c)  has been an Australian resident for a continuous period of at least 10 years.

Note 1:       For qualifying service see section 7A and Division II of Part III.

Note 2:       For Australian resident see section 5G.

             (2)  If:

                     (a)  a Commonwealth veteran, allied veteran or allied mariner has been an Australian resident during more than one period; and

                     (b)  the longer or longest of those periods is less than 10 years but is not less than 5 years; and

                     (c)  the aggregate of those periods is more than 10 years;

then, in the application of paragraph (1)(c) to the veteran, the period of 10 years specified in that paragraph is to be reduced by a period equal to the period by which the aggregate is more than 10 years.

Subdivision BEntitlement

93N  Entitlement to a pharmaceutical benefits card under this Part

                   Even though a person is eligible for a pharmaceutical benefits card under this Part, it is only if the person is the holder of a pharmaceutical benefits card under this Part that pharmaceutical benefits under the pharmaceutical benefits scheme may be provided to the person by the Commonwealth.

Note:          For holder of a pharmaceutical benefits card under this Part see subsection 93K(2).

Division 4Claim for pharmaceutical benefits card under this Part

93P  Need for a claim

                   A person who wants to be granted a pharmaceutical benefits card under this Part must make a proper claim.

Note:          For proper claim see section 93R (form), section 93S (manner of lodgment) and section 93T (residence/presence in Australia).

93Q  Who can claim?

             (1)  Subject to subsection (2), a claim must be made by:

                     (a)  the person who wants to be granted a pharmaceutical benefits card under this Part; or

                     (b)  with the approval of the person—another person on the person’s behalf.

             (2)  If the person is unable, because of physical or mental incapacity, to approve another person to make the claim on his or her behalf, the Commission may approve another person to make the claim.

93R  Form of claim

                   To be a proper claim, the claim must be:

                     (a)  made in writing; and

                     (b)  in accordance with a form approved by the Commission; and

                     (c)  accompanied by any evidence available to the claimant that the claimant considers may be relevant to the claim.

93S  Lodgment of claim

             (1)  To be a proper claim, a claim must be lodged:

                     (a)  at an office of the Department in Australia; or

                     (b)  at a place approved for this purpose by the Commission; or

                     (c)  with a person approved for this purpose by the Commission.

             (2)  A place or person approved under subsection (1) must be a place or person in Australia.

             (3)  A claim for a pharmaceutical benefits card under this Part is taken to have been lodged on the day it is received:

                     (a)  at an office of the Department in Australia; or

                     (b)  at a place approved under subsection (1); or

                     (c)  by a person approved under subsection (1).

93T  Claimant must be an Australian resident and in Australia

                   A claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is:

                     (a)  an Australian resident; and

                     (b)  in Australia;

on the day on which the claim is lodged.

Note:          For Australian resident see section 5G.

93U  Claim may be withdrawn

             (1)  A claimant for a pharmaceutical benefits card under this Part or a person on behalf of a claimant may withdraw a claim that has not been determined.

             (2)  A claim that is withdrawn is taken to have not been made.

             (3)  A withdrawal may be made orally or in writing.

Written withdrawal of a claim

             (4)  A written withdrawal of a claim must be lodged at an office of the Department in Australia.

Oral withdrawal of a claim

             (5)  An oral withdrawal of a claim must be made to a person in an office of the Department in Australia.

Acknowledgment of oral withdrawal of a claim

             (6)  As soon as practicable after receiving an oral withdrawal of a claim, the Secretary must give the claimant an acknowledgment notice in writing stating that:

                     (a)  an oral withdrawal of the claim was made; and

                     (b)  the claimant, or a person on behalf of the claimant, may, within 28 days from the day the acknowledgment notice is given, request the Secretary to treat the withdrawal as if it had not been made.

Reactivating the withdrawn claim

             (7)  If, within 28 days from the day on which the Secretary gave the acknowledgment notice, a claimant, or a person on behalf of a claimant, requests the Secretary to treat the oral withdrawal of the claim as if it had not been made, the oral withdrawal is taken not to have been made.

Note:          A request made under paragraph (6)(b) has the effect of reactivating the claim. In particular, the commencement day of the claim stays the same.

Division 5Investigation of claim

93V  Secretary to investigate claim and submit it to Commission

             (1)  If a person makes a proper claim for a pharmaceutical benefits card under this Part, the Secretary must investigate the matters to which the claim relates.

             (2)  When the investigation is completed, the Secretary must submit the claim to the Commission for consideration and determination.

             (3)  When the claim is submitted to the Commission it must be accompanied by:

                     (a)  any evidence supplied by the claimant in support of the claim; and

                     (b)  any documents or other evidence obtained by the Department in the course of the investigation that are relevant to the claim; and

                     (c)  any other documents or other evidence under the control of the Department that are relevant to the claim.

Division 6Consideration and determination of claim

93W  Duties of Commission in relation to claim

             (1)  When the claim is submitted to the Commission, the Commission must consider all matters that are, in the Commission’s opinion, relevant to the claim and must then determine the claim.

             (2)  In considering the claim, the Commission must:

                     (a)  satisfy itself with respect to; or

                     (b)  determine;

(as the case requires) all matters relevant to the determination of the claim.

             (3)  Without limiting subsection (1), the Commission, in considering the claim, must consider:

                     (a)  the evidence submitted with the claim under section 93V; and

                     (b)  any further evidence subsequently submitted to the Commission in relation to the claim.

Note:          A claimant may apply to the Commission for review of a determination made under this section (see section 93Z).

93X  Entitlement determination

                   The Commission must determine that a person is entitled to a pharmaceutical benefits card under this Part if the Commission is satisfied that the person is eligible for the card.

93Y  Date of effect of determination

             (1)  A determination under section 93X takes effect:

                     (a)  if the determination is made before 1 January 2002—on 1 January 2002 or on such later day as is specified in the determination; or

                     (b)  if the determination is made after 1 January 2002—on the day that the determination is made or on such later day or earlier day as is specified in the determination.

             (2)  For the purposes of paragraph (1)(b), a day before 1 January 2002 may not be specified as an earlier day.

Division 7Review of decisions

93Z  Review of certain decisions

                   A claimant who is dissatisfied with a decision of the Commission in relation to a claim for a pharmaceutical benefits card under this Part may request the Commission to review the decision.

93ZA  Application for review

             (1)  A request for review of a decision under section 93Z must:

                     (a)  be made within 3 months after the person seeking review was notified of the decision; and

                     (b)  set out the grounds on which the request is made; and

                     (c)  be in writing.

             (2)  If a request for review of a decision is made in accordance with subsection (1), the Commission must review the decision.

93ZB  Commission’s powers where request for review

             (1)  If the Commission reviews a decision under this Division, the Commission must affirm the decision or set it aside.

             (2)  If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.

Note:          For the Commission’s evidence gathering powers see section 93ZF.

93ZC  Date of effect of certain review decisions

             (1)  If the Commission sets aside a decision and substitutes for it a decision that a person is entitled to a pharmaceutical benefits card under this Part, the substituted decision takes effect from a date specified by the Commission.

             (2)  The date specified by the Commission must not be earlier than the date from which, had the Commission determined that the person is entitled to a pharmaceutical benefits card under this Part, such a determination could have taken effect.

93ZD  Commission must make written record of review decision and reasons

             (1)  When the Commission reviews a decision under this Division it must make a written record of its decision upon review.

             (2)  The written record must include a statement that:

                     (a)  sets out the Commission’s findings on material questions of fact; and

                     (b)  refers to the evidence or other material on which those findings are based; and

                     (c)  provides reasons for the Commission’s decision.

93ZE  Person who requested review to be notified of decision

             (1)  If the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:

                     (a)  a copy of the Commission’s decision; and

                     (b)  subject to subsection (2), a copy of the statement about the decision referred to in subsection 93ZD(2); and

                     (c)  if the person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision—a statement giving the person particulars of that right.

             (2)  If the statement referred to in paragraph (1)(b) contains any matter that, in the opinion of the Commission:

                     (a)  is of a confidential nature; or

                     (b)  might, if communicated to the person who requested review, be prejudicial to his or her physical or mental health or well‑being;

then the copy given to the person must not contain that matter.

93ZF  Powers of Commission to gather evidence

             (1)  The Commission or the Commission’s delegate may, in reviewing a decision under this Division:

                     (a)  take evidence on oath or affirmation for the purposes of the review; and

                     (b)  adjourn a hearing of the review from time to time.

             (2)  The presiding member of the Commission or the Commission’s delegate may, for the purposes of the review:

                     (a)  summon a person to appear at a hearing of the review to give evidence and to produce such documents (if any) as are referred to in the summons; and

                     (b)  require a person appearing at a hearing of the review for the purpose of giving evidence either to take an oath or to make an affirmation; and

                     (c)  administer an oath or affirmation to a person so appearing.

             (3)  The person who applied for the review under this Division is a competent and compellable witness upon the hearing of the review.

             (4)  The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence that the person will give will be true.

             (5)  The Commission’s power under paragraph (1)(a) to take evidence on oath or affirmation:

                     (a)  may be exercised on behalf of the Commission by:

                              (i)  the presiding member or the Commission’s delegate; or

                             (ii)  by another person (whether a member or not) authorised by the presiding member or the Commission’s delegate; and

                     (b)  may be exercised within or outside Australia; and

                     (c)  must be exercised subject to any limitations specified by the Commission.

             (6)  Where a person is authorised under subparagraph (5)(a)(ii) to take evidence for the purposes of a review, the person has:

                     (a)  all the powers of the Commission under subsection (1); and

                     (b)  all the powers of the presiding member under subsection (2);

for the purposes of taking that evidence.

             (7)  In this section:

Commission’s delegate means a person to whom the Commission has delegated its powers under section 93ZA and who is conducting the review in question.

93ZG  Withdrawal of request for review

             (1)  A person who requests a review under section 93Z may withdraw the request at any time before it is determined by the Commission.

             (2)  To withdraw the request, the person must give written notice of withdrawal to the Secretary and the notice must be lodged at an office of the Department in Australia.

             (3)  Subject to section 93ZA, a person who withdraws a request for review may subsequently make another request for review of the same decision.

Note:          Section 93ZA provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.

3  After subsection 175(2AAA)

Insert:

  (2AAAA)  If the Commission, under section 93ZB, affirms a decision of the Commission referred to in section 93Z or sets it aside and substitutes another decision, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

4  Subsection 175(2A)

After “(2),”, insert “(2AAAA),”.


 

Schedule 2Beneficial treatment of superannuation assets for people aged between 55 and pension age

  

Veterans’ Entitlements Act 1986

1  Paragraph 46Q(e)

After “realised”, insert “before the person turns 55”.

2  Paragraph 46R(a)

Omit “before the person reaches pension age”.

3  After paragraph 46R(a)

Insert:

                    (aa)  when the investment is realised, the person has not turned 55; and

4  At the end of section 46R

Add:

             (2)  However, if the person turns 55 before the end of the period of 12 months, this section does not apply to the person in relation to:

                     (a)  the week, during that period, in which the person turns 55; and

                     (b)  any later weeks during that period.


 

Schedule 3Reinstatement of certain pensions and benefits

  

Veterans’ Entitlements Act 1986

1  Section 5 (index of definitions)

Insert the following entry in its appropriate alphabetical position, determined on a letter‑by‑letter basis:

reinstated pensioner

11AA

2  After paragraph 11(1)(c) (definition of dependant)

Insert:

                    (ca)  a reinstated pensioner; or

3  Subsection 11(1) (note)

Repeal the note, substitute:

Note 1:       A veteran may have more than one dependant of the kind referred to in paragraphs (a) to (d) at the same time.

Note 2:       For the meaning of reinstated pensioner see section 11AA.

Note 3:       Subsection (4) affects the meaning of widow in paragraph (c).

4  At the end of section 11

Add:

             (4)  In paragraph (1)(c), widow does not include a reinstated pensioner.

Note:          For the meaning of reinstated pensioner see section 11AA.

11AA  Reinstated pensioner

                   In this Act, unless the contrary intention appears:

reinstated pensioner means a person who the Commission has determined under section 13AG to be a reinstated pensioner.

5  After subsection 13(7)

Insert:

          (7A)  The Commonwealth is liable to pay a pension to a reinstated pensioner.

6  Subsection 13(8)

After “being”, insert “ a reinstated pensioner or”.

7  At the end of subsection 13(8)

Add:

Note:          For the meaning of reinstated pensioner see section 11AA.

8  Subsection 13(8A)

After “being”, insert “ a reinstated pensioner or”.

9  At the end of subsection 13(8A)

Add:

Note:          For the meaning of reinstated pensioner see section 11AA.

10  Subsection 13(11)

Omit “subsections”, substitute “subsections (7A),”.

11  After Division 2

Insert:

Division 2AVerification determinations for reinstated pensioners

13AA  Application for verification determination

                   A person who wants to be determined by the Commission to be a reinstated pensioner (a verification determination) must make a proper application.

13AB  Who may apply

             (1)  An application for a verification determination may be made:

                     (a)  by the person (the applicant) who wants to be determined to be a reinstated pensioner; or

                     (b)  with the approval of the applicant, by another person on behalf of the applicant.

             (2)  If the applicant is unable, by reason of physical or mental incapacity, to approve a person to make the application on his or her behalf, the Commission may approve another person to make the application.

13AC  Application for verification determination

                   An application for a verification determination:

                     (a)  must be in writing and in accordance with a form approved by the Commission; and

                     (b)  must be accompanied by such evidence available to the applicant as the applicant considers may be relevant to the application; and

                     (c)  must be made by forwarding to, or delivering at, an office of the Department in Australia the application and the evidence referred to in paragraph (b).

13AD  Lodgment of application

             (1)  To be a proper application, an application must be lodged:

                     (a)  at an office of the Department in Australia; or

                     (b)  at a place approved for this purpose by the Commission; or

                     (c)  with a person approved for this purpose by the Commission.

             (2)  A place or person approved under subsection (1) must be a place or person in Australia.

             (3)  An application is taken to have been lodged on the day it is received:

                     (a)  at an office of the Department in Australia; or

                     (b)  at a place approved under subsection (1); or

                     (c)  by a person approved under subsection (1).

13AE  Investigation by the Secretary

             (1)  If an application is made for a verification determination, the Secretary must investigate the matters to which the application relates.

             (2)  When the investigation is completed, the Secretary must submit the application to the Commission for its consideration and determination.

             (3)  When an application is submitted to the Commission it must be accompanied by:

                     (a)  any evidence supplied by the applicant in connection with the application; and

                     (b)  any documents or other evidence obtained by the Department in the course of the investigation that are relevant to the application; and

                     (c)  any other documents or other evidence under the control of the Department that are relevant to the application.

13AF  Duties of Commission in relation to application for verification determination

             (1)  If an application is submitted to the Commission in accordance with subsection 13AE(2), the Commission must:

                     (a)  consider all matters that, in the Commission’s opinion, are relevant to the application; and

                     (b)  determine all matters relevant to the determination of the application.

             (2)  Without limiting paragraph (1)(a), the matters that the Commission must consider include:

                     (a)  the evidence and documents that were submitted with the application; and

                     (b)  any further evidence subsequently submitted to the Commission in relation to the application.

13AG  Verification determination

             (1)  The Commission must determine that a person is a reinstated pensioner if the Commission is satisfied that:

                     (a)  the person was eligible for and receiving a pension, on or before 28 May 1984, under one of the repealed Acts as a widow of a deceased member of the Forces or a widow of an Australian Mariner; and

                     (b)  the person remarried on or before that date; and

                     (c)  the pension was cancelled under the repealed Act only because the person married or remarried.

             (2)  A determination under this section:

                     (a)  must be in writing; and

                     (b)  takes effect from the day, under section 13B, that pension becomes liable to be paid to the reinstated pensioner.

             (3)  In subsection (1):

Australian Mariner has the meaning it had in the Seamen’s War Pensions and Allowances Act 1940.

pension means:

                     (a)  in relation to a repealed Act set out in paragraph (a) of the definition of repealed Act—pension (other than service pension) payable to a widow under that repealed Act in respect of the death of a member of the Forces; and

                     (b)  in relation to the Seamen’s War Pensions and Allowances Act 1940—pension payable to a widow under that Act in respect of the death of an Australian Mariner.

repealed Act means:

                     (a)  an Act specified in Part I, II, III, IV or V of Schedule 1; or

                     (b)  the Seamen’s War Pensions and Allowances Act 1940.

             (4)  A reference in subsection (1) to a member of the Forces is a reference to:

                     (a)  a member of the Forces within the meaning of:

                              (i)  Divisions 1, 6 and 8 of Part III of the Repatriation Act 1920; or

                             (ii)  the Repatriation (Far East Strategic Reserve) Act 1956; or

                            (iii)  the Repatriation (Special Overseas Service) Act 1962; and

                     (b)  a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of this Act; and

                     (c)  a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947; and

                     (d)  a person the incapacity or death of whom was taken, by section 7A of the Repatriation (Special Overseas Service) Act 1962, to have resulted from an occurrence that happened during a period of special service of the person as a member of the Forces.

12  After section 13A

Insert:

13B  Reinstated pensioners to be automatically paid pension

             (1)  If the Commission makes a determination under section 13AG that a person is a reinstated pensioner, the pension payable to the reinstated pensioner under subsection 30(1) is payable:

                     (a)  without the reinstated pensioner having to make a claim for the pension under section 14; and

                     (b)  without the Commission having to make a determination under section 19.

             (2)  The Commonwealth is liable to pay the pension from the later of the following dates:

                     (a)  1 January 2002; or

                     (b)  the date that an application for the determination in respect of the reinstated pensioner was lodged under section 13AD.

13  Subsection 14(1)

After “veteran” (second occurring), insert “other than a reinstated pensioner”.

14  Subsection 30(1)

After “veteran” (second occurring), insert “or a reinstated pensioner in relation to the veteran”.

15  After subsection 70(10A)

Insert:

      (10AB)  The Commonwealth is liable to pay a pension to a reinstated pensioner.

16  Subsection 70(11)

After “being”, insert “a reinstated pensioner or”.

17  At the end of subsection 70(11)

Add:

Note:          For the meaning of reinstated pensioner see section 11AA.

18  Subsections 71(1), (2) and (4)

Before “3”, insert “2A,”.

19  After subsection 86(2)

Insert:

          (2A)  A reinstated pensioner is eligible to be provided with treatment under this Part for any injury suffered or disease contracted by the pensioner whether before or after the commencement of this Act. The pensioner is eligible from and including the date as from which a pension under Part II:

                     (a)  became payable to the pensioner; or

                     (b)  would have become payable except for:

                              (i)  the operation of subsection 30(3); or

                             (ii)  the pensioner being in receipt of a pension under the Social Security Act.

20  Subsection 100(1)

Repeal the subsection, substitute:

             (1)  If:

                     (a)  a dependant (other than a reinstated pensioner) of a deceased veteran, being:

                              (i)  a veteran whose death was war‑caused; or

                             (ii)  a veteran who, immediately before his or her death, was being paid pension under Part II as a veteran to whom section 24 applied; or

                            (iii)  a veteran who, immediately before his or her death, was being paid pension under Part II at a rate that had been increased under section 27 by reason that the veteran was incapacitated from a war‑caused injury or a war‑caused disease of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 in the table in subsection 27(1); or

                     (b)  a reinstated pensioner;

has died in indigent circumstances, the Commission may grant a benefit, called funeral benefit, towards the funeral expenses incurred in respect of the funeral of the dependant.

Note:          See sections 111 and 133 for the making of an application for a funeral benefit under this subsection.

21  After subsection 175(1)

Insert:

          (1A)  If the Commission under section 13AG makes a decision that a verification determination should not be made in respect of a person, the person may apply to the Administrative Appeals Tribunal for a review of the decision.

22  Subsection 175(2A)

Before “(2)”, insert “(1A),”.


 

Schedule 4Amendments consequential on changed administrative law arrangements

  

Veterans’ Entitlements Act 1986

1  Paragraph 93ZE(1)(c)

Omit “Appeals”, substitute “Review”.

2  Subsection 175(1A)

Omit “Appeals”, substitute “Review”.

3  Subsection 175(2AAAA)

Omit “Appeals”, substitute “Review”.

 

 

[Minister’s second reading speech made in—

House of Representatives on 26 June 2001

Senate on 8 August 2001]

 

(139/01)