Veterans' Affairs Legislation Amendment Bill (No. 1) 2002
First Reading
Veterans' Affairs Legislation Amendment Bill (No. 1) 2002
First Reading
Download RTF 2002
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation Amendment Bill (No. 1) 2002
No. , 2002
(Veterans' Affairs)
A Bill for an Act to amend the law with respect to veterans' entitlements, and for related purposes
Contents
A Bill for an Act to amend the law with respect to veterans' entitlements, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the
Veterans' Affairs Legislation Amendment Act (No. 1) 2002.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
| 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 on which this Act receives the Royal Assent |
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| 2. Schedules 1 and 2 | The day on which this Act receives the Royal Assent |
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| 3. Schedule 3 | Immediately after the Aged Care Act 1997 (other than Division 1 of that
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Act) commenced |
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| 4. Schedule 4 | Immediately after Schedule 19 to the Social Security and Veterans' Affairs Legislation Amendment (Family and Other Measures) Act 1997 commenced |
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| 5. Schedule 5, item 1 | 3 November 1997 |
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| 6. Schedule 5, item 2 | Immediately after item 97 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 7. Schedule 6, item 1 | Immediately after the commencement of the provisions of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 that commenced on 1 January 1995 |
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| 8. Schedule 6, item 2 | Immediately after Schedules 1, 2 and 3 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 commenced |
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| 9. Schedule 6, item 3 | Immediately after Schedule 3 to the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 commenced |
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| 10. Schedule 6, item 4 | Immediately after item 41 of Schedule 17 to the Social Security and Veterans' Affairs Legislation Amendment Act 1995 commenced |
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| 11. Schedule 6, item 5 | Immediately after the commencement of the provisions of the Veterans' Affairs
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Legislation Amendment and Repeal Act 1995 that commenced on 17 October 1995 |
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| 12. Schedule 6, item 6 | Immediately after items 44 to 86 of Schedule 3 to the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 commenced |
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| 13. Schedule 6, item 7 | Immediately after the provisions of items 50 to 70 of Schedule 13 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 commenced |
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| 14. Schedule 6, item 8 | Immediately after the commencement of the provisions of the Social Security and Veterans' Affairs Legislation Amendment (Retirement Assistance for Farmers) Act 1998 that commenced on 15 September 1997 |
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| 15. Schedule 6, item 9 | Immediately after the provisions of items 50 to 70 of Schedule 13 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 commenced |
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| 16. Schedule 6, item 10 | Immediately after the commencement of the provisions of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 that commenced on 20 March 1995 |
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| 17. Schedule 6, item 11 | Immediately after Schedule 3 to the Aged Care Amendment (Omnibus) Act 1999 commenced |
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| 18. Schedule 6, item 12 | Immediately after the commencement of the provisions of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 that commenced on 20 March 1995 |
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| 19. Schedule 6, item 13 | Immediately after items 44 to 86 of Schedule 3 to the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 commenced |
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| 20. Schedule 6, item 14 | Immediately after item 41 of Schedule 17 to the Social Security and Veterans' Affairs Legislation Amendment Act 1995 commenced |
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| 21. Schedule 6, item 15 | Immediately after Schedule 9 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 commenced |
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| 22. Schedule 6, items 16 and 17 | The day on which this Act receives the Royal Assent |
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| 23. Schedule 6, item 18 | Immediately after item 6 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 24. Schedule 6, items 19 to 22 | The day on which this Act receives the Royal Assent |
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| 25. Schedule 6, item 23 | Immediately after section 18 of the Veterans' Affairs Legislation Amendment Act 1994 commenced |
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| 26. Schedule 6, items 24 to 29 | Immediately after Division 7 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 commenced |
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27. Schedule 6, item 30 | Immediately after item 17 of Schedule 4 to the Payment Processing Legislation Amendment (Social Security and Veterans' Entitlements) Act 1998 commenced |
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| 28. Schedule 6, item 31 | Immediately after the commencement of the provisions of the Veterans' Affairs Legislation Amendment (1996-97 Budget Measures) Act 1997 that commenced on 20 March 1997 |
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| 29. Schedule 6, item 32 | The day on which this Act receives the Royal Assent |
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| 30. Schedule 6, item 33 | Immediately after Division 7 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 commenced |
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| 31. Schedule 6, item 34 | Immediately after the Veterans' Entitlements Amendment Act 1991 commenced |
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| 32. Schedule 6, item 35 | The day on which this Act receives the Royal Assent |
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| 33. Schedule 6, items 36 and 37 | Immediately after item 6 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 34. Schedule 6, item 38 | Immediately after item 49 of Schedule 4 to the Payment Processing Legislation Amendment (Social Security and Veterans' Entitlements) Act 1998 commenced |
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35. Schedule 6, items 39 and 40
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| Immediately after Division 7 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 commenced |
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| 36. Schedule 6, item 41 | Immediately after Division 11 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 commenced |
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| 37. Schedule 6, items 42 and 43 | The day on which this Act receives the Royal Assent |
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| 38. Schedule 6, item 44 | Immediately after item 91 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 39. Schedule 6, item 45 | Immediately after item 12 of Schedule 1 to the Veterans' Affairs Legislation Amendment (1996-97 Budget Measures) Act 1997 commenced |
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| 40. Schedule 6, item 46 | Immediately after Schedules 1, 2 and 3 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 commenced |
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| 41. Schedule 6, item 47 | Immediately after Part 4 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 42. Schedule 6, items 48 and 49 | Immediately after Schedules 1, 2 and 3 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 commenced |
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| 43. Schedule 6, item 50
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| The day on which this Act receives the Royal Assent |
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| 44. Schedule 6, item 51 | Immediately after section 74 of the Veterans' Entitlements Act 1986 commenced |
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| 45. Schedule 6, items 52 and 53 | Immediately after item 6 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 46. Schedule 6, items 54 and 55 | The day on which this Act receives the Royal Assent |
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| 47. Schedule 6, item 56 | Immediately after item 30 of Schedule 1 to the Veterans' Affairs Legislation Amendment Act (No. 1) 2000 commenced |
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| 48. Schedule 6, items 57, 58 and 59 | The day on which this Act receives the Royal Assent |
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| 49. Schedule 6, item 60 | Immediately after item 30 of Schedule 1 to the Veterans' Affairs Legislation Amendment Act (No. 1) 2000 commenced |
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| 50. Schedule 6, item 61 | The day on which this Act receives the Royal Assent |
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| 51. Schedule 6, item 62 | Immediately after section 29 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 commenced
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|
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| 52. Schedule 6, items 63, 64, 65, 66 | The day on which this Act receives the Royal Assent |
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| 53. Schedule 6, item 67 | Immediately after Part 7 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 54. Schedule 6, item 68 | The day on which this Act receives the Royal Assent |
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| 55. Schedule 6, item 69 | Immediately after Division 8 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 commenced |
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| 56. Schedule 6, items 70, 71, 72 and 73 | The day on which this Act receives the Royal Assent |
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| 57. Schedule 6, item 74 | Immediately after item 73 of Schedule 6 to this Act commences |
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| 58. Schedule 6, items 75 and 76 | The day on which this Act receives the Royal Assent |
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| 59. Schedule 6, item 77 | Immediately after Part 5 of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 commenced |
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| 60. Schedule 6, item 78
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| Immediately after the Veterans' Entitlements Act 1986 commenced |
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| 61. Schedule 6, item 79 | The day on which this Act receives the Royal Assent |
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| 62. Schedule 6, item 80 | Immediately after Division 11 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 commenced |
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| 63. Schedule 6, items 81 and 82 | The day on which this Act receives the Royal Assent |
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| 64. Schedule 6, item 83 | Immediately after Schedules 1, 2 and 3 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 commenced |
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| 65. Schedule 6, item 84 | The day on which this Act receives the Royal Assent |
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| 66. Schedule 6, item 85 | Immediately after Schedules 1, 2 and 3 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 commenced |
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| 67. Schedule 6, item 86 | The day on which this Act receives the Royal Assent |
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| 68. Schedule 6, items 87 to 96 | Immediately after Schedules 1, 2 and 3 to the Veterans' Affairs Legislation Amendment (Budget and Simplification Measures) Act 1997 commenced
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|
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| 69. Schedule 7, items 1 and 2 | Immediately after items 17 and 19 of Schedule 1 to the Veterans' Affairs Legislation Amendment Act (No. 1) 2000 commenced |
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Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
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.
1 Subparagraphs 4(11)(b)(iii), (c)(iii) and (d)(ii)
After "service pension", insert "or income support supplement".
2 Paragraph 8(8)(s)
Omit "or a service pension", substitute ", a service pension or income support supplement".
3 Subparagraph 8(8)(y)(i)
After "pension", insert "or income support supplement".
4 Subsection 9(1) (paragraph (a) of the definition of assessable period)
After "pension", insert "or income support supplement".
5 Subsection 9(1) (definition of assessable period)
After "such a pension,", insert "supplement,".
6 Subsection 9(1) (definition of pensioner couple)
After "service pension", insert ", income support supplement".
7 Paragraph 11(10)(a)
After "pension", insert "or income support supplement".
8 Paragraph 11(10)(d)
Omit "pension or benefit" (wherever occurring), substitute "pension, supplement or benefit".
9 Subparagraphs 11(10)(e)(ii), (iii) and (iv)
Omit "pension or benefit", substitute "pension, supplement or benefit".
10 Paragraph 11(10)(f)
Omit "pension or benefit", substitute "pension, supplement or benefit".
11 Paragraph 11(10A)(a)
After "pension", insert "or income support supplement".
12 Subsection 23(1) (at the end of the definition of income support payment)
Add:
; or (e) income support supplement.
13 Subsection 23(1) (paragraph (b) of the definition of payday)
After "service pension" (wherever occurring), insert "or income support supplement".
14 Subsection 23(1) (paragraphs (a) and (b) of the definition of social security recipient status)
Omit "or a service pension", substitute ", a service pension or income support supplement".
15 Subparagraph 82(1)(d)(ii)
After "service pension", insert "or income support supplement".
16 At the end of subparagraph 82(5)(b)(iii)
Add "or income support supplement".
17 Paragraph 83(1)(b)
Omit all the words before subparagraph (i), substitute:
where the partner was receiving a service pension or income support supplement--the amount that would have been payable to the partner under Part III or IIIA of the Veterans' Entitlements Act on the service payday that:
18 Sub-subparagraph 91(1)(b)(ii)(C)
After "service pension", insert "or income support supplement".
19 Subparagraph 146F(1)(d)(ii)
Back to Top After "service pension", insert "or income support supplement".
20 At the end of subparagraph 146F(5)(b)(iii)
Add "or income support supplement".
21 Paragraph 146G(1)(b)
Omit all the words before subparagraph (i), substitute:
where the partner was receiving a service pension or income support supplement--the amount that would have been payable to the partner under Part III or IIIA of the Veterans' Entitlements Act on the service payday that:
22 Sub-subparagraph 146Q(1)(b)(ii)(C)
After "service pension", insert "or income support supplement".
23 Subsection 236A(1) (note)
Repeal the note.
24 At the end of subsection 408CF(1)
Add "or income support supplement".
25 Paragraph 408CF(2)(b)
Omit "or a service pension", substitute ", a service pension or income support supplement".
26 Subparagraph 514A(1)(c)(ii)
Omit "or a service pension", substitute ", a service pension or income support supplement".
27 Paragraph 552(2)(a)
Omit "or a service pension", substitute ", a service pension or income support supplement".
28 Subparagraph 567(1)(e)(ii)
After "service pension", insert "or income support supplement".
29 Section 573A (table)
After item 2, insert:
| 2A | Income support supplement | (Section 45A of the Veterans' Entitlements Act) |
30 Paragraph 578(2)(a) Omit "or a service pension", substitute ", a service pension or income support supplement".
31 Subparagraph 592(1)(e)(ii)
After "service pension", insert "or income support supplement".
32 Paragraph 593(4)(a)
Omit "or a service pension", substitute ", a service pension or income support supplement".
33 Subparagraphs 612(1)(b)(i) and (2)(b)(i)
After "service pension", insert "or income support supplement".
34 At the end of subsection 614(1)
Add "or income support supplement".
35 Paragraph 614(2)(b)
Omit "or a service pension", substitute ", a service pension or income support supplement".
36 Paragraph 660YBA(3)(b)
After "service pension,", insert "income support supplement,".
37 Subsection 660YCF(1)
Omit "or a service pension", substitute ", a service pension or income support supplement".
38 Paragraph 660YCF(2)(b)
Omit "or a service pension", substitute ", a service pension or income support supplement".
39 Subparagraphs 660YKB(1)(c)(ii) and 660YKC(1)(c)(ii)
Omit "or a service pension", substitute ", a service pension or income support supplement".
40 Subparagraphs 681(1)(b)(i) and (2)(b)(i)
After "service pension", insert "or income support supplement".
41 Subsection 686(1)
After "service pension,", insert "income support supplement,".
42 Paragraph 686(2)(b)
Omit "or service pension", substitute ", service pension or income support supplement".
43 Subparagraph 728PA(1)(e)(ii)
After "service pension", insert "or income support supplement".
44 Paragraph 729(6)(a)
Omit "or a service pension", substitute ", a service pension or income support supplement".
45 Subparagraphs 734(1)(b)(i) and (2)(b)(i)
Omit "or service pension", substitute ", service pension or income support
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46 At the end of subsection 735(1)
Add "or income support supplement".
47 Paragraph 735(2)(b)
Omit "or service pension", substitute ", service pension or income support supplement".
48 Subparagraph 768A(1)(e)(ii)
After "service pension", insert "or income support supplement".
49 Subparagraph 771HA(1)(c)(i)
Omit "or service pension", substitute ", service pension or income support supplement".
50 Subparagraph 771NU(1)(c)(i)
Omit "or a service pension", substitute ", a service pension or income support supplement".
51 Paragraph 771NU(1)(e)
Omit "or mature age allowance", substitute ", mature age allowance, service pension or income support supplement".
52 Subparagraph 822(1)(d)(ii)
After "service pension", insert "or income support supplement".
53 At the end of subparagraph 822(5)(b)(iii)
Add "or income support supplement".
54 Paragraph 823(1)(b)
After "service pension", insert "or income support supplement".
55 Paragraph 823(1)(b)
After "Part III", insert "or IIIA".
56 Sub-subparagraph 830(1)(b)(ii)(C)
After "service pension", insert "or income support supplement".
57 Subparagraph 1033(c)(iii)
After "service pension", insert "or income support supplement".
58 After paragraph 1061PJ(3)(b)
Insert:
(ba) income support supplement;
59 Point 1064-D2 (paragraph (a) in the second column of item 4 in Table DA)
After "service pension", insert "or income support supplement".
60 Point 1064-D2 (paragraph (a) in the second column of item 5 in Table DA)
After "service pension", insert "or income support supplement".
61 Point 1064-D2 (paragraph (a) in the second column of item 6 in Table DA)
After "service pension", insert "or income support supplement".
62 Paragraph 1064-D4(b)
Omit "or service pension", substitute ", service pension or income support supplement".
63 Paragraph 1064-D4(c)
After "pension", insert "or supplement".
64 Point 1064-D5 (paragraph (a) in the second column of item 4 in Table D)
After "service pension", insert "or income support supplement".
65 Point 1064-D5 (paragraph (a) in the second column of item 5 in Table D)
After "service pension", insert "or income support supplement".
66 Point 1064-D5 (paragraph (a) in the second column of item 6 in Table D)
After "service pension", insert "or income support supplement".
67 Point 1066A-EA2A (paragraph (a) in the second column of item 5 in Table EAA)
After "service pension", insert "or income support supplement".
68 Point 1066A-EA2A (paragraph (a) in the second column of item 6 in Table EAA)
After "service pension", insert "or income support supplement".
69 Point 1066A-EA2A (paragraph (a) in the second column of item 7 in Table EAA)
After "service pension", insert "or income support supplement".
70 Paragraph 1066A-EA11(b)
Omit "service pension", substitute ", service pension or income support supplement".
71 Paragraph 1066A-EA11(c)
Omit "pension", substitute ", pension or supplement".
72 Point 1066A-EA12 (paragraph (a) in the second column of item 5 in Table EA)
After "service pension", insert "or income support supplement".
73 Point 1066A-EA12 (paragraph (a) in the second column of item 6 in Table EA)
After "service pension", insert "or income support supplement".
74 Point 1066A-EA12 (paragraph (a) in the second column of item 7 in Table EA)
After "service pension", insert "or income support supplement".
75 Point 1066A-EB2A (paragraph (a) in the second column of item 5 in Table EBA)
Back to Top After "service pension", insert "or income support supplement".
76 Point 1066A-EB2A (paragraph (a) in the second column of item 6 in Table EBA)
After "service pension", insert "or income support supplement".
77 Point 1066A-EB2A (paragraph (a) in the second column of item 7 in Table EBA)
After "service pension", insert "or income support supplement".
78 Paragraph 1066A-EB12(b)
Omit "service pension", substitute ", service pension or income support supplement".
79 Paragraph 1066A-EB12(c)
Omit "pension", substitute ", pension or supplement".
80 Point 1066A-EB13 (paragraph (a) in the second column of item 5 in Table EB)
After "service pension", insert "or income support supplement".
81 Point 1066A-EB13 (paragraph (a) in the second column of item 6 in Table EB)
After "service pension", insert "or income support supplement".
82 Point 1066A-EB13 (paragraph (a) in the second column of item 7 in Table EB)
After "service pension", insert "or income support supplement".
83 Paragraph 1067G-D3(b)
Omit "or service pension", substitute ", service pension or income support supplement".
84 Paragraph 1067G-D3(c)
After "pension", insert "or supplement".
85 Point 1067G-H2
After "service pension", insert ", income support supplement".
86 Paragraph 1067G-H27(b)
After "service pension", insert ", income support supplement".
87 Section 1067G (column 2 of table item 7 in Module L of the Youth Allowance Rate Calculator)
Omit "husband", substitute "partner".
88 Section 1067G (after table item 7 in Module L of the Youth Allowance Rate Calculator)
Insert:
| 7A | Income support supplement | (section 45A of the Veterans' Entitlements Act) |
89 Point 1067L-D2 After "service pension", insert ", income support supplement".
90 Paragraph 1067L-D26(b)
After "service pension", insert ", income support supplement".
91 Point 1068-B1 (paragraph (c) in the second column of item 4 in Table B)
Omit "or service pension", substitute ", service pension or income support supplement".
92 Point 1068-B1 (paragraph (c) in the second column of item 4B in Table B)
After "service pension", insert "or income support supplement".
93 Point 1068-B1 (paragraph (b) in the second column of item 5 in Table B)
After "service pension", insert "or income support supplement".
94 Paragraph 1068-F2(b)
Omit "service pension", substitute ", service pension or income support supplement".
95 Paragraph 1068-F2(c)
After "pension", insert "or supplement".
96 Point 1068-G1 (method statement, step 1, note)
Repeal the note.
97 Point 1068-G2
After "service pension", insert ", income support supplement".
98 Paragraph 1068-G10(b)
After "service pension", insert ", income support supplement".
99 Paragraph 1068-J4(b)
Repeal the paragraph, substitute:
(b) a remote area allowance payable under point SCH6-G1 of the VEA.
100 Point 1068B-D2
Omit "or a service pension", substitute ", a service pension or income support supplement".
Back to Top 101 Paragraph 1068B-D23(b) Omit "or a service pension", substitute ", a service pension or income support supplement".
102 Paragraph 1068B-F3(b)
Omit "service pension", substitute ", service pension or income support supplement".
103 Paragraph 1068B-F3(c)
After "pension", insert "or supplement".
104 Paragraph 1068B-G3(b)
Repeal the paragraph, substitute:
(b) a remote area allowance payable under point SCH6-G1 of the VEA.
105 Paragraphs 1106(2)(a) and (b)
Omit "or a service pension", substitute ", a service pension or income support supplement".
106 Paragraphs 1123(2)(a) and (b)
Repeal the paragraphs, substitute:
(a) obtaining a social security pension, a social security benefit, a parenting allowance, a service pension or an income support supplement or enabling the person's partner or someone else of whom the person is a family member to obtain such a pension, benefit, allowance or supplement, or a youth training allowance; or
(b) obtaining a social security pension, a social security benefit, a parenting allowance, a service pension or an income support supplement, or enabling the person's partner to obtain such a pension, benefit, allowance or supplement, or a youth training allowance, at a higher rate than would have otherwise been payable; or
107 Section 1188C (column 3 of items 17, 18, 24 and 25 in Table A)
Omit "or a service pension", substitute ", a service pension or income support supplement".
108 Section 1190 (column 2 of table item 55)
Omit "getting service pension but not getting telephone allowance", substitute "not getting telephone allowance under the Veterans' Entitlements Act".
109 Section 1190 (column 2 of table item 56)
Omit "getting service pension and getting telephone allowance", substitute "getting telephone allowance under the Veterans' Entitlements Act".
110 Paragraph 63(10)(d) of Schedule 1A
Omit "clause 4", substitute "clause 5".
111 Paragraph (b) of subclause 120A(2) of Schedule 1A
Omit "or a service pension", substitute ", a service pension or income support supplement".
1 Subparagraph 90(1)(b)(ii)
After "pension", insert "or income support supplement".
2 Paragraph 91(2)(b)
Omit "or service pension", substitute ", service pension or income support supplement".
3 Subsection 91(2)
Omit "or the service pension", substitute ", the service pension or the income support supplement".
4 Subparagraph 96(5)(b)(iii)
After "pension", insert "or income support supplement".
5 Subparagraph 98(b)(ii)
After "pension", insert "or income support supplement".
6 Paragraph 98(c)
Omit "or benefit", substitute ", benefit or supplement".
7 Paragraph 101(b)
Omit "or a service pension", substitute ", a service pension or income support supplement".
8 Section 101
Omit "or the service pension", substitute ", the service pension or the income support supplement".
9 Subparagraph 110(5)(b)(i)
Omit "or a service pension", substitute ", a service pension or income support supplement".
1 Item 60 of Schedule 4
Repeal the item, substitute:
60 Paragraph 5L(7)(d)
Omit "started to be in a relevant care situation", substitute "started to be either in a care situation or an aged care resident".
2 Item 75 of Schedule 4
Repeal the item, substitute:
Back to Top 75 Paragraph 5R(6)(c) Omit "has entered the approved respite care", substitute "is in respite care".
1 Item 5 of Schedule 19
Repeal the item, substitute:
5 After subsection 5N(3B)
Insert:
(4) If a person pays, or is liable to pay, rent for living in premises in respect of which another person pays Government rent, the rent paid or payable by the person for living in those premises is taken to be Government rent, unless:
(a) the rent paid by the other person is at or above a rate that the authority receiving the rent has told the Department is the market rate; and
(b) the person shares the premises with that other person; and
(c) the person's income has been taken into account in calculating the amount of Government rent payable in respect of those premises.
1 After subsection 2(16)
Insert:
(16A) Item 28 of Schedule 8 is taken to have commenced on 4 July 1996, immediately after the commencement of Schedule 7 to the Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995.
2 Item 97 of Schedule 1
Repeal the item, substitute:
97 Subsection 56J(2) (note)
Omit "similarly, if a person has been receiving carer service pension because of caring for the veteran, that carer service pension will also be terminated".
1 Section 5 (index of definitions)
Insert the following entries in their appropriate alphabetical position, determined on a letter-by-letter basis:
| average weekly earnings | 5NB(1) |
| compensation | 5NB(2) |
| compensation affected pension | 5NB(1) |
| compensation part | 5NB(7), (8) |
| compensation payer | 5NB(1) |
| event that gives rise to an entitlement to compensation |
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5NB(11) |
| periodic payments period | 5NB(1) |
| potential compensation payer | 5NB(1) |
| receives compensation | 5NB(10) |
2 Section 5 (index of definitions) Repeal the following entries:
| child in receipt of income | 5F(3) |
| pension increase child | 5F(6) |
| prescribed student child | 5F(1), 5R(9) |
3 Section 5 (index of definitions, entry relating to defined benefit income stream) Repeal the entry, substitute:
| defined benefit income stream | 5J (1E) |
4 Section 5 (index of definitions, entry relating to exempt assets) Repeal the entry.
5 Section 5 (index of definitions, entry relating to illness separated couple)
Repeal the entry, substitute:
| illness separated couple | 5R (5) |
6 Section 5 (index of definitions, entry relating to presently payable) Repeal the entry.
7 Section 5 (index of definitions, entry relating to receiving full-time education at a school, college or university)
Repeal the entry.
8 Section 5 (index of definitions, entry relating to retirement age)
Back to Top Repeal the entry, substitute:
retirement age
9 Subsection 5F(1) (definition of receiving full-time education at a school, college or university) Repeal the definition.
10 Subsection 5H(1) (definition of adjusted income)
Omit "claiming, or entitled to, income support supplement", substitute "for the purpose of assessment of the rate of income support supplement".
11 Subsection 5H(1) (the definition of ordinary income, note 1)
Omit "subsection (8)", substitute "subsection (12)".
12 Subsection 5J(1) (paragraph (a) of the definition of assessable period)
Omit "service pension", substitute ", service pension, income support supplement".
13 Subsection 5J(1) (definition of presently payable)
Repeal the definition.
14 Subsection 5L(1) (definition of exempt assets)
Repeal the definition.
15 Subsection 5R(11)
Omit "a pensioner add-on child or an income support supplement add-on child (as the case may be)", substitute "an FTB child".
16 Subsection 6B(5)
Omit "the member", substitute "the person".
17 Paragraph 6D(2)(a)
Omit "Defence force", substitute "Defence Force".
18 Subsection 13(5)
Omit "of a kind described in paragraph 6(1)(f) or (g)", substitute "as described in item 3 of the table in subsection 6A(1) or as described in subsection 6C(2)".
19 Paragraph 22(5)(b)
Omit "79, 30P or 205", substitute "30P, 79 or 205".
20 After subsection 29(2)
Insert:
(2A) A document prepared by the Commission under subsection (1) or an instrument under subsection (2) varying such a document may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the document or instrument varying the document is made.
21 Subsection 29(8)
Omit "that have been so approved", substitute "that has been so approved".
22 Subsection 29(10)
After "application", insert "of".
23 Paragraph 30C(4)(b)
Omit "paragraph (1)(b), (2)(b) or (3)(b)", substitute "paragraph (1)(c), (2)(c) or (3)(c)".
24 Subsection 36L(4) (note)
Omit "see Division 16", substitute "see Division 16 of Part IIIB".
25 Subsection 37L(4) (note)
Omit "see Division 16", substitute "see Division 16 of Part IIIB".
26 Subsection 38L(4) (note)
Omit "see Division 16", substitute "see Division 16 of Part IIIB".
27 Paragraph 45B(c)
Repeal the paragraph, substitute:
(c) a person is receiving an age service pension, an invalidity service pension, a social security pension or a social security benefit (see section 45D); or
28 At the end of section 45B
Add:
(2) Subject to subsection (3), income support supplement is not payable to a person if the person's income support supplement rate would be nil.
Note: A person whose rate might otherwise be nil under the Rate Calculator may not have a nil rate after the application of the financial hardship provisions (sections 52Y and 52Z).
Back to Top (3) Subsection (2) does not apply to a person if the person's income support supplement rate is nil merely because of the operation of Part IVA.
29 Subsection 45Q(4) (note)
Omit "see Division 16", substitute "see Division 16 of Part IIIB".
30 Subsection 45S(1)
Omit "subsections (2) and (3)", substitute "subsection (2)".
31 Section 46G
Repeal the section.
32 Subsection 48(2)
Repeal the subsection.
33 Section 48E
After "a service pension" (wherever occurring), insert "or an income support supplement".
34 Section 52D
Repeal the section, substitute:
If a person lends an amount after 22 May 1986, the value of the assets of the person for the purposes of this Act includes so much of that amount as remains unpaid but does not include any amount payable by way of interest under the loan.
35 Subsection 52E(2)
Repeal the subsection.
36 Paragraph 53D(1)(b)
Omit "as a member of the naval, military or air forces of a Commonwealth or allied country of a kind described in paragraph 6(1)(f) or (g)", substitute "as described in item 3 of the table in subsection 6A(1) or as described in subsection 6C(2)".
37 Subsection 53D(2)
Omit "in the naval, military or air forces of a Commonwealth or allied country of a kind described in paragraph 6(1)(f) or (g)", substitute "for service as described in item 3 of the table in subsection 6A(1) or as described in subsection 6C(2)".
Note: The heading to section 55 is altered by omitting "Service pension" and substituting "Pension".
38 Subsection 56(2) (note 1)
Repeal the note.
39 Subsection 56EC(1)
After "service pension", insert "or income support supplement".
40 Subsection 56EC(1)
After "pension" (second and third occurring), insert "or supplement".
41 Subsection 56H(1)
Omit "56EA or 56EB", substitute "56EA, 56EB or 56EC".
42 Subsection 56J(2) (note)
Omit "Note:", substitute "Note 1:"
43 At the end of subsection 56J(2)
Add:
Note 2: Cancellation of a veteran's service pension may result in the veteran being ineligible for treatment under Part V.
44 Section 56N (paragraph (a) of note 1)
Omit "56, 56A, 56BB or 56BC", substitute "56 or 56A".
45 Section 56N (paragraph (b) of note 1)
Omit "or 56BA".
46 Subsection 59B(1) (table item 2)
Repeal the item.
47 Subsection 59C(2) (steps 4 and 5 of the method statement)
Repeal the steps, substitute:
Step 4. Use section 59E to round off the provisional indexed amount: the result is the rounded-off amount.
Step 5. The indexed amount is:
(a) if paragraph (b) does not apply--the rounded-off amount; or
(b) if the amount to be indexed is the amount under item 10 of the CPI Indexation Table in subsection 59B(1)--the rounded-off amount multiplied by 13/7.
The indexed amount may be increased under section 59EA in certain cases.
48 Subsection 59Q(7) (definition of RPA (rate of pharmaceutical allowance))
Omit "point SC6-D7", substitute "SCH6-D7".
49 Paragraph 59U(2)(d)
Omit "or of the compensation affected component of that pension (as the case may be)".
Note: The heading to section 59ZD is altered by omitting "recovery payment" and substituting "recovery notice".
Back to Top 50 At the end of subsection 68(1) Add:
Note: The Military Compensation Act 1994 commenced on 7 April 1994.
51 Subsection 74(2)
Omit "that was defence-caused".
52 Subparagraph 80(2)(c)(i)
Omit "as a member of the naval, military or air forces of a Commonwealth or allied country of a kind described in paragraph 6(1)(f) or (g)", substitute "as described in item 3 of the table in subsection 6A(1) or as described in subsection 6C(2)".
53 Subparagraph 80(2)(c)(ii)
Omit "in those forces", substitute "for that service".
54 Paragraph 85(4)(b)
Omit "War", substitute "war".
55 After subsection 90(5)
Insert:
(5A) A document prepared by the Commission under subsection (1) and any instrument varying such a document under subsection (4) may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the document or instrument varying the document is made.
56 Subsection 90(8)
Omit ", 87, 88".
57 Subsection 90A(3)
Omit "amend", substitute "vary or revoke".
58 After subsection 90A(3)
Insert:
(3A) An instrument prepared by the Commission under subsection (1) or an instrument amending or varying such an instrument under subsection (3) may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the instrument made under subsection (1) or the instrument amending or varying that instrument is made.
59 After subsection 91(2)
Insert:
(2A) An instrument prepared by the Commission under subsection (1) or an instrument varying such an instrument under subsection (2) may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the instrument prepared by the Commission or the instrument varying that instrument is made.
60 Subsection 93D(1) (definition of eligible person)
Omit ", 86, 87 or 88", substitute "or 86".
61 Subsection 93M(2)
Omit "to the veteran", substitute "to the veteran or mariner".
62 Paragraph 99(2)(c)
Omit "the Commission receives information from which he or she is satisfied", substitute "information is received which satisfies the Commission".
63 After subsection 105(2)
Insert:
(2A) An instrument prepared by the Commission under subsection (1) or an instrument varying such an instrument under subsection (2) may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the instrument prepared by the Commission or the instrument varying that instrument is made.
64 Paragraphs 113(1)(c) and (d)
Repeal the paragraphs.
65 Subsection 115(5)
Omit "section Division" (wherever occurring), substitute "Division".
66 After subsection 115B(2)
Back to Top Insert:
(2A) An instrument prepared by the Commission under subsection (1) or an instrument varying such an instrument under subsection (2) may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the instrument prepared by the Commission or the instrument varying that instrument is made.
67 Subsection 115D(2)
Omit "ends 5 years after the commencement day", substitute "runs for 5 years".
68 After subsection 117(2)
Insert:
(2A) An instrument prepared by the Commission under subsection (1) or an instrument varying such an instrument under subsection (2) may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the instrument prepared by the Commission or the instrument varying that instrument is made.
69 After subparagraph 118AA(a)(i)
Insert:
(ia) invalidity service pension; or
70 Subsection 118V(1) (note 3)
Omit "118ZAA", substitute "118ZZA".
71 Subsection 118V(2) (note 4)
Omit "118ZAA", substitute "118ZZA".
72 Subsection 118V(3) (note 5)
Omit "118ZAA", substitute "118ZZA".
73 Section 118ZAA
Renumber as section 118ZZA.
74 Section 118ZZA (Seniors Health Card Income Test Calculator)
Omit "118ZAA-" (wherever occurring), substitute "118ZZA-".
75 Subparagraph 128A(3)(b)(ii)
After "the Commissioner", insert "of Taxation".
76 Paragraph 128A(4)(d)
After "the Commissioner", insert "of Taxation".
77 Subsection 132(12)
Omit ", 39D".
78 Subsection 160(3)
Omit "Remuneration Tribunals Act 1973", substitute "Remuneration Tribunal Act 1973".
79 At the end of subsection 161(1)
Add:
; or (c) during any period, or during all periods, when there is a vacancy in an office of a member.
80 After section 196ZM
Insert:
81 Subsection 213(1) Omit "under the regulations", substitute "under the regulations or under any other legislative instrument made under this Act".
82 Subsection 214(1)
Omit "or the regulations", substitute "or under the regulations or under any other legislative instrument made under this Act".
83 Subclause 1(1) of Schedule 5
Omit "section 41", substitute "Schedule 6".
84 Clause 2 of Schedule 5
Repeal the clause.
85 After subclause 9(2) of Schedule 5
Insert:
(2A) Despite subclauses (1) and (2), any invalidity service pension, partner service pension, or income support supplement, that is payable to a person who has not reached pension age does not include a child-related amount.
86 Clause 12 of Schedule 5 (the clause 12 inserted by item 85 of Schedule 3 to the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998)
Renumber as 11A.
87 Subpoint SCH6-A1(5) (step 4 of method statement 4, second sentence)
Repeal the sentence, substitute "The result is the person's rate of service pension".
88 At the end of points SCH6-A3, SCH6-A4 and SCH6-A5
Add:
Note: For war widow/war widower--pensioner see subsection 5Q(1).
89 At the end of points SCH6-A6, SCH6-A7 and SCH6-A8
Add:
Note: For war widow/war widower--pensioner see subsection 5Q(1).
90 Point SCH6-A9 (note)
Repeal the note.
91 Paragraph SCH6-C3(a)
Repeal the paragraph, substitute:
(a) the person is not an aged care resident; and
92 Point SCH6-C3 (note 1)
Repeal the note, substitute:
Note 1: For aged care resident see subsection 5NC(5).
93 Paragraph SCH6-C5(b)
After "service pension", insert ", income support supplement,".
94 Subparagraph SCH6-C5(c)(i)
After "service pension", insert ", income support supplement or social security pension".
95 Point SCH6-E6 (heading to column 3 of Table E-1)
Repeal the heading, substitute:
Basic income free area per year
96 Point SCH6-E6 (heading to column 4 of Table E-1)
Repeal the heading, substitute:
Basic income free area per fortnight
Note: The heading to point SCH6-E6 is altered by omitting "free area" and substituting "income free area".
1 Item 17 of Schedule 1
Repeal the item, substitute:
17 Subsection 213(1)
Omit "a commissioner, or to a person appointed or engaged under the Public Service Act 1999,", substitute "a person referred to in subsection (4)".
2 Item 19 of Schedule 1
Repeal the item, substitute:
19 Subsection 214(1)
Omit "a person appointed or engaged under the Public Service Act 1999", substitute "a person referred to in subsection (4)".