Federal Register of Legislation - Australian Government

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No. R5 of 2006 Determinations/Veterans' Entitlements as made
This determination exempts payments made by the Queensland Government under the 'Queensland Government Indigenous Wages and Savings Reparations Process', from the definition of 'ordinary income' in the Veterans' Entitlements Act 1986.
Administered by: Veterans' Affairs
Registered 14 Feb 2006
Tabling HistoryDate
Tabled HR16-Feb-2006
Tabled Senate27-Feb-2006
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Repatriation Commission

Veterans’ Entitlements Act 1986

Veterans’ Entitlements Income (Exempt Lump Sum — Queensland Indigenous Reparation Payment) Determination

Instrument No. R5/2006

I, JEANETTE RICKETTS, Branch Head, Income Support Branch, Department of Veterans’ Affairs, and delegate of the Repatriation Commission, determine, under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 (VEA), that an amount specified in Part 2 of the Schedule as an exempt lump sum is an exempt lump sum for the purposes of the definition of “ordinary income” in subsection 5H(1) of the VEA.

 

 

Dated  8  February 2006

 

 

 

 

……………………………..…………….….

JEANETTE RICKETTS

 


SCHEDULE

Part 1: Preliminary and Interpretation

1.                Explanation

1.1              Paragraph 5H(12)(c) of the VEA enables the Repatriation Commission to determine that an amount, or one of a class of amounts, is an exempt lump sum.  The consequence of the determination is that the amount, or class of amounts, is not ordinary income for the purposes of the VEA.

1.2    Name of Determination

1.2.1        This determination is the Veterans’ Entitlements Income (Exempt Lump Sum – Queensland Indigenous Reparation Payment) Determination No. R5of 2006.

1.3           Commencement of Determination

1.3.1        This determination applies on and from 25 March 2003.

1.4           Definitions

1.4.1        In this Determination:

“service pension” has the meaning given to Service pension in subsection 5Q(1) of the VEA.

“income support supplement” means the payment called the income support supplement payable under Part IIIA of the VEA.

“Queensland Government Indigenous Wages and Savings Reparations Process” means a process by the Queensland Government to offer monetary compensation to Aboriginal and Torres Strait Islander (and any other) persons whose wages and salaries were controlled under a Queensland Government legislative regime known as ‘the Protection Acts’ during the period 1897 to 1986;

“reparation payment” means a payment made by the State Government of Queensland in respect of the “Queensland Government Indigenous Wages and Savings Reparation Process”.

 

 

 

Revocation

1.5.1    This determination revokes the Veterans’ Entitlements Income Exempt Lump Sum Determination No. 2 of 2003 of 25 March 2003 (Reg.No: F2005BO2335) made under paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986.

Part 2:   Exempt Lump Sum

2.                Exempt Lump Sum— Queensland Indigenous Reparation Payment

2.1              If:

(a)               a person or a person’s partner has received an amount under the Queensland Government Indigenous Wages and Savings Reparations Process; and

(b)               the person is eligible for, or in receipt of, a service pension or income support supplement;

then the amount received by the person or the person’s partner, under the Queensland Government Indigenous Wages and Savings Reparations Process, is an exempt lump sum.

2.2              It is appropriate to determine that an amount, or class of amounts paid, to a

person under the Queensland Government Indigenous Wages and Savings Reparations Process is an exempt lump sum for the purposes of paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 from the date that the payment is made.