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Act No. 141 of 2000 as amended, taking into account amendments up to Act No. 73 of 2002
An Act to amend the law relating to veterans and the families of veterans, and for related purposes
Administered by: Veterans' Affairs
Start Date 24 Nov 2000

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 1) 2000



Compilation Information

A graphic exists here.

Veterans' Affairs Legislation Amendment Act (No. 1) 2000 Act No. 141 of 2000 as amended

This compilation was prepared on 24 September 2002

[This Act was amended by Act No. 73 of 2002]

Amendments from Act No. 73 of 2002

[Schedule 7 (item 1) repealed and substituted item 17 of Schedule 1
Schedule 7 (item 2) repealed and substituted item 19 of Schedule 1
Schedule 7 (items 1 and 2) commenced on 24 November 2000]

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra



Long Title

An Act to amend the law relating to veterans and the families of veterans, and for related purposes

[Assented to 24 November 2000]
The Parliament of Australia enacts:

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 1) 2000
- SECT 1
Short title

This Act may be cited as the Veterans' Affairs Legislation Amendment Act (No. 1) 2000.

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 1) 2000
- SECT 2
Commencement

(1)
Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2)
Part 4 of Schedule 1 is taken to have commenced on 1 January 1996, immediately after the commencement of Schedule 8 to the Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995.

(3)
Part 10 of Schedule 1 is taken to have commenced on 1 July 2000.

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 1) 2000
- SECT 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Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 1) 2000
Schedule 1—Amendment of the Veterans' Entitlements Act 1986

Part 1—Amendments relating to additional death benefits and severe injury adjustments
1 Section 30A

Repeal the section, substitute:

30A This Division does not apply to certain payments

This Division does not apply to:

(a)
a periodic payment or a lump sum payment referred to in paragraph 26(1)(b) or (2)(b) or subsection 30(3), whether the payment was made before or is made after the commencement of this section; or
(b)
an additional death benefit, or a severe injury adjustment, paid on or after 10 June 1997 in relation to a member of the Forces, or a member of a Peacekeeping Force, under a determination made under section 58B of the Defence Act 1903; or
(c)
an act of grace payment made on or after 10 June 1997 in respect of the death or injury of a member of the Forces, or a member of a Peacekeeping Force, where:

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(i)
the death or injury occurred on or after 7 April 1994 and before 10 June 1997; and
(ii)
an additional death benefit, or a severe injury adjustment, would have been payable in relation to the member under a determination referred to in paragraph (b) if the death or injury had occurred on or after 10 June 1997.

2 Before section 74

Insert in Division 4 of Part IV:

73A This Division does not apply to certain payments

This Division does not apply to:

(a)
an additional death benefit, or a severe injury adjustment, paid on or after 10 June 1997 in relation to a member of the Forces, or a member of a Peacekeeping Force, under a determination made under section 58B of the Defence Act 1903; or
(b)
an act of grace payment made on or after 10 June 1997 in respect of the death or injury of a member of the Forces, or a member of a Peacekeeping Force where:
(i)
the death or injury occurred on or after 7 April 1994 and before 10 June 1997; and
(ii)
an additional death benefit, or a severe injury adjustment, would have been payable in relation to the member under a determination referred to in paragraph (a) if the death or injury had occurred on or after 10 June 1997.

3 At the end of paragraphs 117(5)(a), (b) and (c)

Add "and".

4 At the end of subsection 117(5)

Add:

; and (f) guidance and counselling services.

5 At the end of section 118

Add:

(2)
The Commission may provide guidance and counselling services under the scheme for such other people as the Minister determines in writing.

(3)
A determination made under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note: The heading to section 118 is replaced by the heading "Commission may provide benefits under Scheme".

Part 2—Amendments relating to review by the Repatriation Medical Authority
6 Subsection 196B(7)

After "196C(4)", insert "and section 196CA".

7 After section 196C

Insert:

196CA Authority not required to investigate certain requests

(1)
The Authority may decide not to carry out an investigation in respect of a request for a review made under paragraph 196E(1)(e) or (f) if:

(a)
the request does not state the grounds on which the review is sought; or
(b)
the Authority considers that the request does not identify sufficient relevant information:
(i)
to support the grounds on which the review is sought; or
(ii)
to otherwise justify the review; or
(c)
the request is vexatious or frivolous.

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(2)
If the Authority decides not to carry out an investigation, it must inform the person or organisation in writing of the decision, stating the reasons for it.

196CB Authority may consolidate requests

If:

(a)
2 or more requests for review are made under subsection 196E(1); and
(b)
the requests are in relation to the same injury, disease or death;

the Authority may carry out one investigation in relation to those requests.

8 Subsection 196E(1)

Omit "ask", substitute "request".

9 Subsections 196E(2) and (3)

Repeal the subsections, substitute:

(2)
A request made under subsection (1) must:

(a)
be in a form approved by the Authority; and
(b)
be lodged at the office of the Authority.
(3)
If the request is a request for a review made under paragraph (1)(e) or (f), the request must also:

(a)
state the grounds on which the review is sought; and
(b)
identify any information relied on to support those grounds.

10 Application

The amendments made by items 6, 7 and 9 only apply to requests made on or after the commencement of those items.

Part 3—Amendments relating to travelling expenses
11 Subsection 112(3)

Repeal the subsection, substitute:

(3)
An application for travelling expenses in connection with travel referred to in subsection 110(1) or (2) must be made:

(a)
within 3 months after the completion of that travel; or
(b)
if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.

12 Application

The amendment made by item 11 only applies to travelling expenses incurred on or after the commencement of that item.

Part 4—Amendments relating to bereavement payments
13 At the end of Subdivision B of Division 12A of Part IIIB

Add:

53NA No liability of financial institution for certain payments to pensioner

(1)
This section applies if:

(a)
after the partner died, an amount (the partner's amount) of pension or social security pension to which the partner would have been entitled if the partner had not died is paid into an account with a financial institution; and
(b)
the institution pays to the pensioner, out of that account, an amount that is not more than the partner's amount.

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(2)
The financial institution is not liable to any action, claim or demand in respect of the payment to the pensioner.

(3)
Subsection (2) has effect despite any other law.

Part 5—Amendments relating to the Veterans' Review Board
14 After subsection 141(1)

Insert:

(1A)
The Board may, for the purposes of a particular review, be constituted by:

(a)
the Principal Member; and
(b)
a Senior Member; and
(c)
a Services Member.

15 At the end of Division 3 of Part IX

Add:

140A Correction of errors in decisions or statements of reasons

(1)
If, after the making of a decision by the Board, the Board is satisfied that there is an obvious error in the text of the decision or in a written statement of reasons for the decision, the Board may direct a registrar or a deputy registrar to alter the text of the decision or statement in accordance with the directions of the Board.

(2)
If the text of a decision or statement is so altered, the altered text is taken to be the decision of the Board or the statement of reasons for the decision, as the case may be.

(3)
Examples of obvious errors in the text of a decision or statement of reasons are where:

(a)
there is an obvious clerical or typographical error in the text of the decision or statement of reasons; or
(b)
there is an inconsistency between the decision and the statement of reasons.
(4)
The powers of the Board under this section may be exercised by the Principal Member or by the member who presided in respect of the review to which the decision relates.

16 Subsection 166(1A)

After "under", insert "subsection 148(6A) or".

Part 6—Amendments relating to delegations
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)".
18 Subsection 213(4)

Repeal the subsection, substitute:

(4)
The persons to whom a power under this Act may be delegated under subsection (1) are any of the following:

(a)
a commissioner or an acting commissioner;
(b)
an APS employee;
(c)
a public authority established by a law of the Commonwealth;
(d)
an officer or employee of a public authority referred to in paragraph (c);
(e)
a person who performs services on behalf of the Commission under a contract made between the person and:
(i)
the Commission; or
(ii)
the Commonwealth;
(f)
an employee of a person referred to in paragraph (e).

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19 Subsection 214(1)
Omit "a person appointed or engaged under the Public Service Act 1999", substitute "a person referred to in subsection (4)".
20 At the end of section 214

Add:

(4)
The persons to whom a power under this Act may be delegated under subsection (1) are any of the following:

(a)
an APS employee;
(b)
a public authority established by a law of the Commonwealth;
(c)
an officer or employee of a public authority referred to in paragraph (b);
(d)
a person who performs services on behalf of the Department under a contract made between the person and the Commonwealth;
(e)
an employee of a person referred to in paragraph (d).

21 Saving

A delegation under section 213 or 214 of the Veterans' Entitlements Act 1986 that was in force immediately before the commencement of this Part continues in force as if it had been made under that section as amended by this Part.

Part 7—Appropriation for special benefits
22 At the end of section 199

Add:

; and (d) assistance or benefits granted under section 106 that are of a similar nature to pensions referred to in paragraph (a), to services referred to in paragraph (b) or to allowances or benefits referred to in paragraph (c).

Part 8—Amendments relating to the divestment of hospitals and other institutions
23 Paragraph 84(1)(a)

Repeal the paragraph.

24 Paragraph 84(1)(b)

Omit "another", substitute "a".

25 Subsection 84(6)

Repeal the subsection.

26 Paragraph 85(9)(c)

After "hospital" (first occurring), insert "formerly".

27 Paragraph 85(9)(c)

Omit "Commission" (third occurring), substitute "person operating the hospital".

28 Paragraph 86(5)(a)

After "hospital" (first occurring), insert "formerly".

29 Paragraph 86(5)(a)

Omit "Commission" (third occurring), substitute "person operating the hospital".

30 Sections 87 and 88

Repeal the sections.

31 Subsections 89(3) to (9)

Repeal the subsections.

32 Paragraph 90(1)(a)

Repeal the paragraph.

33 Section 204

Repeal the section.

Part 9—Amendments relating to provision of medical or other treatment
34 Subsections 84(2) and (2A)

Repeal the subsections, substitute:

(2)
Subject to subsection (3), the Commission is not taken to have arranged for the provision of treatment for a person unless:

(a)
the treatment was provided in accordance with arrangements made by the Commission under this Part; or
(b)
the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Part; or
(c)
the Commission approved the provision of the treatment before the treatment was given, or began to be given, as the case may be.

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35 After subsection 90(1)

Insert:

(1A)
The Treatment Principles may also include provisions dealing with the following matters in relation to treatment to be provided to an eligible person:

(a)
whether approval by the Commission of the treatment is required;
(b)
if approval by the Commission of the treatment is required—the exercise of the Commission's power to approve the treatment, whether before or after the treatment is given or begins to be given;
(c)
where the treatment may be provided.

36 Subsection 99(3)

Repeal the subsection, substitute:

(3)
A funeral benefit is not to be granted under subsection (1) in respect of a veteran because the veteran died in circumstances mentioned in paragraph (1)(e) unless the provision of the treatment was arranged by the Commission and, in the circumstances mentioned in subparagraph (1)(e)(i) or (iii), the admission of the person to the institution, or the discharge of the person from the institution, as the case may be, was in accordance with arrangements made by the Commission under Part V.

37 At the end of subparagraphs 99(4)(b)(i) and (ii)

Add "and".

38 Subparagraph 99(4)(b)(iii)

Repeal the subparagraph, substitute:

(iii)
the Commission arranged for the provision of the treatment; and

Part 10—Amendments relating to compensation measures in connection with the implementation of A New Tax System
39 Section 45UF (cell at table item 2, column headed "the person's annual pension rate is:")

Repeal the cell, substitute:


the sum of the amounts worked out under steps 2 and 2A of method statement 2 in subpoint SCH6-A1(3), ascertained as at the date of the grant


40 Subsection 45UH(1) (cell at table item 1, column headed "the person's annual notional single pension rate is:")

Repeal the cell, substitute:

the adjusted percentage of the sum of the amounts worked out under steps 2 and 2A of method statement 2 in subpoint SCH6-A1(3), ascertained as at the date of grant of the designated pension, if it were assumed that the person was not a member of a couple as at that date


41 Subsection 45UH(1) (cell at table item 2, column headed "the person's annual notional single pension rate is:")

Repeal the cell, substitute:

the sum of the amounts worked out under steps 2 and 2A of method statement 2 in subpoint SCH6-A1(3), ascertained as at the date of grant of the designated pension, if it were assumed that the person was not a member of a couple as at that date


42 Subsection 45UH(3) (definition of maximum basic rate)

Repeal the definition, substitute:

maximum basic rate is the sum of the amounts worked out under steps 2 and 2A of method statement 2 in subpoint SCH6-A1(3), ascertained as at the date of grant of the designated pension.


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43 Subsection 45UI(1) (cell at table item 1, column headed "the person's annual notional partnered pension rate is:")

Repeal the cell, substitute:

the adjusted percentage of the sum of the amounts worked out under steps 2 and 2A of method statement 2 in subpoint SCH6-A1(3), ascertained as at the date of grant of the designated pension, if it were assumed that the person was a member of a couple as at that date


44 Subsection 45UI(1) (cell at table item 2, column headed "the person's annual notional partnered pension rate is:")

Repeal the cell, substitute:

the sum of the amounts worked out under steps 2 and 2A of method statement 2 in subpoint SCH6-A1(3), ascertained as at the date of grant of the designated pension, if it were assumed that the person was a member of a couple as at that date


45 Subsection 45UI(3) (definition of maximum basic rate)

Repeal the definition, substitute:

maximum basic rate is the sum of the amounts worked out under steps 2 and 2A of method statement 2 in subpoint SCH6-A1(3), ascertained as at the date of grant of the designated pension.

46 Paragraphs 49J(4)(a) and (b)

Repeal the paragraphs, substitute:

(a)
if the person was a member of a couple at any time during the 3 years immediately before the operative day—the sum of:
(i)
an amount equal to twice the amount that was, on the operative day, the maximum basic rate for a partnered person under point SCH6-B1; and
(ii)
an amount equal to twice the pension supplement under Module BA in Schedule 6; or
(b)
otherwise—the sum of:
(i)
the amount that was, on the operative day, the maximum basic rate for a person who is not a member of a couple under point SCH6-B1; and
(ii)
the pension supplement under Module BA in Schedule 6.

47 Paragraph 53M(4)(b)

Repeal the paragraph, substitute:

(b)
in respect of a partner who was permanently blind—the sum of:
(i)
the maximum basic rate under point SCH6-B1; and
(ii)
the pension supplement under Module BA in Schedule 6.

47A Paragraph 59Q(7)(b) (formula)

Repeal the formula, substitute:

A graphic exists here.

48 Subsection 59Q(7) (definition of MBR (maximum basic rate))

Repeal the definition, substitute:

MBR (maximum basic rate) means the sum of:

(a)
the amount specified in column 3 of item 1 in Table B in point SCH6-B1; and
(b)
the pension supplement calculated in accordance with Module BA of Schedule 6.

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49 Paragraphs 170A(3)(a) and (b)

Omit "$425", substitute "the prescribed amount".

50 Paragraphs 196ZN(2)(a) and (b)

Omit "$425", substitute "the prescribed amount".

51 Schedule 6 (after paragraph 1(1)(a))

Insert:

(aa)
add the pension supplement;

VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 1) 2000
Schedule  2—Amendment of the Defence Service Homes Act 1918

1 Subsection 4(1) (definition of agreement)

Repeal the definition.

2 Subsection 4(1) (definition of Corporation advance)

Repeal the definition, substitute:

Corporation advance has the same meaning as in the Bank agreement.

3 Subsection 4(1)

Insert:

credit provider means:

(a)
the Bank; or
(b)
any other credit provider (within the meaning of the Privacy Act 1988) that is the party to an agreement (within the meaning of this Act).

4 Subsection 4(1) (definition of guarantor)

Omit "the Bank", substitute "a credit provider".

5 Subsection 4(1) (paragraph (h) of the definition of holding)

Omit "the Bank", substitute "a credit provider".

6 Subsection 4(1) (paragraph (b) of the definition of mortgage)

Omit "the Bank's", substitute "a credit provider's".

7 Subsection 4(1) (definition of mortgagor)

Omit "the Bank", substitute "a credit provider".

8 Subsection 4(1) (definition of other portfolio agreement)

Repeal the definition, substitute:

other portfolio agreement has the same meaning as in the Bank agreement.

9 Subsection 4(1) (definition of portfolio asset)

Repeal the definition, substitute:

portfolio asset has the same meaning as in the Bank agreement.

10 Subsection 4(1) (definition of portfolio contract of sale)

Repeal the definition, substitute:

portfolio contract of sale has the same meaning as in the Bank agreement.

11 Subsection 4(1) (definition of portfolio mortgage)

Repeal the definition, substitute:

portfolio mortgage has the same meaning as in the Bank agreement.

12 Subsection 4(1) (definition of portfolio supplementary agreement)

Repeal the definition, substitute:

portfolio supplementary agreement has the same meaning as in the Bank agreement.


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13 Subsection 4(1) (definition of specified portfolio asset)

Repeal the definition, substitute:

specified portfolio asset has the same meaning as in the Bank agreement.

14 Subsection 4(1) (definition of subsidised advance)

Repeal the definition, substitute:

subsidised advance means:

(a)
an advance made by a credit provider in accordance with a certificate of entitlement; or
(b)
an initial advance that the Bank is taken to have made under section 37.

15 Subsection 4(1) (definition of subsidised advance loan account)

Repeal the definition, substitute:

subsidised advance loan account means:

(a)
an account established by the Bank for the purpose of administering a specified portfolio asset; or
(b)
an account established by any credit provider for the purpose of administering a subsidised advance.

16 Subsection 4(1) (definition of subsidy)

Repeal the definition, substitute:

subsidy means a subsidy payable under Part IV by the Commonwealth to a credit provider, being an amount calculated and payable in the manner provided in the agreement.

17 Subsection 4(1) (paragraphs (a) and (b) of the definition of supplementary agreement)

Repeal the paragraphs, substitute:

(a)
amends the Bank agreement; and
(b)
is expressed to be a supplementary agreement to the Bank agreement;

18 Subsection 4(1) (definition of the Bank)

Before "agreement" (wherever occurring), insert "Bank".

19 Subsection 4(1)

Insert:

the agreement means whichever of the following agreements or arrangements is applicable in the circumstances:

(a)
the Bank agreement;
(b)
an agreement or arrangement in force between the Commonwealth and a credit provider other than the Bank for the provision by the credit provider of subsidised advances or other benefits under this Act.

20 Subsection 4(1)

Insert:

the Bank agreement means the agreement made between the Commonwealth and the Bank on 9 November 1988, a copy of which is set out in Schedule 1, as varied or affected by a supplementary agreement or otherwise, and as in force from time to time.

21 Subsection 4(9)

Omit "the Bank" (wherever occurring), substitute "a credit provider".

22 Section 4B

Before "agreement", insert "Bank".

Note: The heading to section 4B is replaced by the heading "Approval

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of Bank agreement".

23 Sections 6B and 6C

Before "agreement" (wherever occurring), insert "Bank".

24 Paragraphs 15(1)(b), (c) and (d)

Omit "the Bank", substitute "a credit provider".

25 Subsection 17(1)

Omit "the Bank" (first occurring), substitute "a credit provider".

26 Subsection 17(1)

Omit "the Bank" (second and third occurring), substitute "the credit provider".

27 Subsections 18(1), (2) and (3), 20(1) and (2) and 21(1)

Omit "the Bank", substitute "a credit provider".

28 Section 21A

Omit "the Bank" (first occurring), substitute "a credit provider".

29 Paragraph 21A(d)

Omit "Bank" (wherever occurring), substitute "credit provider".

30 Paragraph 22(1A)(c)

Omit "Bank", substitute "relevant credit provider".

31 Paragraph 22(2)(a)

Omit "the Bank", substitute "a credit provider".

32 Paragraph 22(7)(a)

Omit "to the Bank as a result of the exercise by the Bank", substitute "to a credit provider as a result of the exercise by the credit provider".

33 Subsection 23(1)

Omit "the Bank", substitute "a credit provider".

34 Subsections 23(3) and (4)

Omit "Bank", substitute "credit provider".

35 Subsection 23A(1)

Omit "the Bank if, in accordance with the certificate, the Bank", substitute "a credit provider if, in accordance with the certificate, the credit provider".

36 Paragraph 23A(2)(b)

Omit "Bank", substitute "credit provider".

37 Subsection 23B(1)

Omit "the Bank" (first occurring), substitute "a credit provider".

38 Paragraphs 23B(1)(k), (l), (m) and (n)

Omit "Bank" (wherever occurring), substitute "credit provider".

39 Subparagraph 23B(2)(a)(i)

Repeal the subparagraph, substitute:

(i)
the fact that the relevant credit provider and the Commonwealth have entered into an agreement or arrangement for the provision by the credit provider of subsidised advances or other benefits under this Act; and

40 Subparagraphs 23B(2)(a)(ii) and (iv) and (b)(i)

Omit "Bank" (wherever occurring), substitute "credit provider".

41 Paragraph 23E(d)

Omit "Bank", substitute "credit provider".

42 Subsections 23F(2) and (3)

Omit "Bank's" (wherever occurring), substitute "credit provider's".

43 Section 23G

Omit "Bank" (wherever occurring), substitute "credit provider".

44 Subsection 24(1)

Omit "the Bank", substitute "a credit provider".

45 Subsection 24(2)

Before "a subsidised advance", insert "to any credit provider in relation to".

46 Subsection 25(1)

Omit "the Bank", substitute "a credit provider".

47 Subparagraph 26(2)(b)(iii)

Omit "Bank", substitute "credit provider".

48 Paragraph 26(2A)(c)

Omit "Bank", substitute "credit provider".

49 Subsection 26(2C)

Omit "Bank" (wherever occurring), substitute "credit provider".

50 Subsection 26(3)

Omit "Bank" (wherever occurring), substitute "credit provider".

51 Paragraph 26(5)(a)

Omit "Bank", substitute "credit provider".

52 Section 27

Before "agreement" (wherever occurring), insert "Bank".

Note: The heading to section 27 is altered by inserting "Bank" before "agreement".

53 Subsections 27A(4) and (6)

Omit "Bank" (wherever occurring), substitute "credit provider".

54 Section 28

Repeal the section, substitute:

28 Deferral of subsidy by Minister

If an agreement permits the Commonwealth to defer payments of subsidy to the credit provider, the Minister may, by written notice given to the credit provider, defer payments of the subsidy in accordance with the agreement.


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55 Paragraph 29(3)(a)

Omit "Bank", substitute "credit provider".

56 Paragraph 29(5)(a)

Omit "the Bank" (first occurring), substitute "a credit provider".

57 Subsection 29(5)

Omit "Bank" (second, third and fourth occurring), substitute "credit provider".

58 Subsection 29(6)

Omit "the Bank" (first occurring), substitute "a credit provider".

59 Subsection 29(6)

Omit "Bank" (last occurring), substitute "credit provider".

60 Sections 31 to 33

Omit "the Bank", substitute "a credit provider".

61 Subsection 34(1)

Omit "the Bank", substitute "a credit provider".

62 Paragraph 34(2)(a)

Omit "Bank", substitute "credit provider".

63 Section 35

Omit "the Bank", substitute "a credit provider".

64 Section 35AAA

Omit "the Bank", substitute "a credit provider".

65 Subsections 35A(1) and (2)

Omit "the agreement", substitute "the Bank agreement".

66 Subsection 35A(4)

Before "agreement", insert "Bank".

Note: The heading to section 35A is altered by inserting "Bank", before "agreement".

67 Subsection 35AA(2)

Omit "the agreement", substitute "the Bank agreement or the corresponding provision of another agreement (whichever is applicable)".

68 Subsection 36(1)

Omit "the Bank", substitute "a credit provider".

69 Subparagraph 38E(1)(b)(iv)

Before "agreement", insert "Bank".

70 Section 41

Omit "the Bank", substitute "a credit provider".

71 Paragraph 41(b)

Repeal the paragraph, substitute:

(b)
payments under subclause 4.7 of the Bank agreement or under the corresponding provision of any other agreement.

72 Subsections 43(7) and 44(1) and (3)

Omit "the Bank", substitute "a credit provider".

73 Subsections 45(1), (2), (3) and (4)

Before "agreement" (last occurring), insert "Bank".

Note: The heading to section 45 is altered by inserting "Bank" before "agreement".

74 Paragraph 45A(1)(b)

Omit "the Bank", substitute "a credit provider".

75 Subsection 45B(1)

Before "agreement" (wherever occurring), insert "Bank".

76 After subsection 45B(1)

Insert:

(1A)
If an agreement between the Commonwealth and a credit provider other than the Bank requires any information in the possession of the Commonwealth to be disclosed or provided to the credit provider, the Commonwealth must give the information to the credit provider.

77 Subsection 45B(2)

Before "agreement" (wherever occurring), insert "Bank".

78 At the end of section 45B

Add:

(3)
If an agreement between the Commonwealth and a credit provider other than the Bank requires any information in the possession of the credit provider to be disclosed or provided to the Commonwealth, the credit provider must give the information to the Commonwealth.


Notes

[Minister's second reading speech made in—
House of Representatives on 29 June 2000
Senate on 5 September 2000]
(132/00)