Federal Register of Legislation - Australian Government

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No. 1 of 2002 Determinations/Veterans' Entitlements as made
Exempts payments to people who surrender their NSW fishing license from the definition of "ordinary income" in the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 25 Aug 2005
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth of Australia

 

VETERANS’ ENTITLEMENTS ACT 1986

 

 

 

 

Veterans’ Entitlements Income Exempt Lump Sum

Determination No. 1 of 2002

 

 

 

I, ROGER WINZENBERG, Branch Head, Income Support Branch and delegate of the Repatriation Commission, hereby determine the “amount or one of a class of amounts” specified in Part 2 of the attached Schedule to this instrument to be an “exempt lump sum” in accordance with paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986. 

 

 

 

 

 

Dated this sixth day of May 2002.

 

 

 

 

 

 

ROGER WINZENBERG

Delegate


Veterans’ Entitlements Income Exempt Lump Sum Determination No. 1 of 2002

 

Schedule

 

Part 1: Preliminary and Interpretation

 

1.1                   NAME OF DETERMINATION

 

This determination is the Veterans’ Entitlements Income Exempt Lump Sum Determination No. 1 of 2002.

 

1.2                                     COMMENCEMENT

 

This determination commences on the date it is signed.

 

1.3                   DEFINITIONS

 

In this determination:

 

“Act” means the Veterans’ Entitlements Act 1986.

 

“licence holder” means a person who has been issued a licence under the provisions of the Fisheries Management Act 1994 (NSW) and the Fisheries Management (General) Regulations 1995 (NSW) that allows that person to take and sell fish in certain waters of New South Wales.

 

 

 

 

 

 

 


 

Part 2:       Exempt Lump Sums

 

2.1                                     Amount or Class of Amounts

 

(1)                                       Paragraph 5H(12)(c) of the Act provides that an amount, or class of

amounts, received by a person is an exempt lump sum if the amount, or class of amounts, is determined to be an exempt lump sum.

 

 

(2)                                       The Department of New South Wales Fisheries is establishing a number of areas within New South Wales to be protected from commercial fishing.  Within each of the identified areas to be protected, the Department of New South Wales Fisheries will be offering all licence holders an ex gratia lump sum payment under a deed of arrangement to compensate those licence holders for their exclusion and the surrender of their licence to the Department of New South Wales Fisheries.

 

 

2.2                                     Application – Exempt Lump Sums

 

It is appropriate to determine that an amount, or class of amounts, paid to a person is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the Act from the date that the amount is paid, where the amount is paid by the Department of New South Wales Fisheries to a licence holder to compensate that licence holder for being excluded from commercial fishing in an area or areas to be protected from commercial fishing. .