Federal Register of Legislation - Australian Government

Primary content

R27/2006 Schemes as made
This instrument provides that children and former children (as defined in the Veterans' Entitlements Act 1986) of Vietnam veterans, being children or former children making the transition to tertiary study, are only entitled to the benefit under the Veterans' Children Education Scheme known as the Long Tan Bursary, and updates the reference in the Veterans' Children Education Scheme to the Long Tan Bursary Guidelines.
Administered by: Veterans' Affairs
General Comments: This instrument was approved by the Minister for Veterans' Affairs on 9 October 2006.
Registered 13 Oct 2006
Tabling HistoryDate
Tabled HR17-Oct-2006
Tabled Senate18-Oct-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Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014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 (Veterans’ Children Education Scheme) Eligible Child Amendment Instrument 2006

 

Instrument No. R27/2006

 

The Repatriation Commission makes this Instrument under section 117 of the Veterans’ Entitlements Act 1986.

 

 

 

 

 

Dated                    22nd September                                            2006

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MARK SULLIVAN
PRESIDENT

ED KILLESTEYN DEPUTY PRESIDENT

SIMON HARRINGTONTON
COMMISSIONER

 

                                 Repatriation Commission

              _________________________________________________________

 

 

[1]     Name of Instrument

 

         This Instrument is the Veterans' Entitlements (Veterans’ Children Education Scheme) Eligible Child Amendment Instrument 2006 No. R27/2006.

 

[2]     Commencement

 

This Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

[3]     Definitions

 

Act means the Veterans’ Entitlements Act 1986.

Long Tan Bursary means the bursary known as the Long Tan Bursary and awarded under the Veterans’ Children Education Scheme.

Veterans’ Children Education Scheme means the Scheme made under section 117 of the Act.

 

[4]     Saving/Application

 

A person who, immediately before the commencement of this Instrument, was only eligible for a Long Tan Bursary (bursary) under the Veterans’ Children Education Scheme (VCES) is, upon the commencement of this Instrument, only eligible for the bursary under the VCES as varied by this Instrument.

 

[5]     Variations to the Veterans’ Children Education Scheme

 

            The Veterans’ Children Education Scheme is varied in accordance with the Schedule.

 

 


Schedule - Variations to the Veterans’ Children Education Scheme

 

[6]     Paragraph 2.1A.1

 

                        substitute:

 

2.1A.1    A person who is an Eligible child by virtue of a determination by the Commission under subsection 116C(2) of the Act that the person is within a class of persons determined by the Commission under section 116A of the Act, being a class of persons described in paragraph 2.1(c) of the Veterans' Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 No. R26/2006 (hereafter described as the Long Tan Class of Person) may be awarded a Long Tan Bursary but is not entitled to any other benefit under the Scheme if the person is an Eligible child only by virtue of being determined by the Commission to be an Eligible child because the person is within the Long Tan Class of Person.

 

Note: the intention is that in order for a person to be eligible under the Scheme for benefits generally, the person must be eligible for benefits on a ground other than that of being a person within a Long Tan Class of Person.  A person who is an Eligible child under the Scheme solely because he or she falls within the Long Tan Class of Person is only eligible for the Long Tan Bursary and no other benefit under the Scheme.  However there is nothing preventing an Eligible child eligible for benefits under the Scheme generally, from receiving a Long Tan Bursary if they are within the Long Tan Class of Person.

 

[7]     Paragraphs 7.3.2 and 7.3.3

 

                        substitute:

 

7.3.2    The Commission may award a Long Tan Bursary to an Eligible child but only if the person is an Eligible child by virtue of a determination under subsection 116C(2) of the Act that the person is within a class of persons described in paragraph 2.1 (c) of the Veterans' Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 No. R26/2006.

 

Note: generally speaking, only a needy child (including a former child) of a Vietnam veteran may receive a Long Tan Bursary where such child is making the transition to tertiary education.

 

7.3.3    In deciding whether or not to award a Long Tan Bursary to an Eligible child the Commission must take into account the matters in the document approved by the Commission in September 2006 and known as the "Long Tan Bursary Operational Guidelines”.