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2015 No. R23 Other as amended, taking into account amendments up to Veterans’ Entitlements Legislative Instruments Omnibus Variation Determination 2022
Administered by: Veterans' Affairs
Registered 24 Jan 2023
Start Date 15 Dec 2022

Commonwealth Coat of Arms of Australia

Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015

Instrument 2015 No. R23

made under subsection 122B(5) of the

Veterans’ Entitlements Act 1986

Compilation No. 1

Compilation date:                              15 December 2022

Includes amendments up to:            F2022L01649

Registered:                                         24 January 2023

About this compilation

This compilation

This is a compilation of the Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015 that shows the text of the law as amended and in force on 15 December 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Part 1: Preliminary

 

1.1              Name of instrument 

 

This Instrument is the Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015.

 

1.2              Commencement

         

1.2.1   Subject to clause 1.2.2, this Instrument commences on the day after it is registered.

 

1.2.2   In so far as this Instrument relates to payments (DFISA‑like payments) under regulations made under section 118NJ of the Act, for the purposes of approvals made by the Commission under Part 2 and Part 3 of this Instrument, the approvals take effect on the day that regulations (if any) under section 118NJ commence.

 

1.4              Purpose

 

            This instrument sets out classes of pensions, allowances and          pecuniary benefits under the VEA from which direct deductions may be         made at the recipient’s request.

 

1.5              Definitions 

 

allowances paid under the Veterans’ Children Education Scheme means those allowances that are payable by instalments under the Scheme established by the Commission under section 117 of the VEA.

 

attendant allowance means an allowance under section 98 of the VEA.

 

clothing allowance means an allowance under section 97 of the VEA.

 

Commission means the Repatriation Commission continued in existence by section 179 of the VEA.

 

decoration allowance means an allowance under section 102 of the VEA.

 

disability compensation payment means either or both of the following:

 

(a) a pension under Part II or IV of the VEA (other than a pension that is payable at a rate determined under section 30 to a dependant of a deceased veteran);

(b) a pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child).

 

income support supplement means a payment under Part IIIA of the VEA.

 

pensions payable to dependants of deceased veterans means pensions granted under the VEA, at a rate determined under or by reference to subsection 30(1) and paragraph 30(2)(a) of the VEA. 

 

recreation transport allowance means an allowance under section 104 of the VEA.

 

service pension means a service pension as defined in subsection 5Q(1) of the VEA.

 

State Housing Authority means an authority listed in the definition of Government rent in subsection 5N(1) of the VEA.

 

Part 2: Approval of classes of pensions, allowances and pecuniary benefits

1.1   

The Commission approves under subsection 122B(5) of the VEA the following classes of pensions, allowances and pecuniary benefits for the purposes of section 122B of the VEA:

 

(a) disability compensation payment;

(b) pensions payable to dependants of deceased veterans;

(c)  service pension;

(d) income support supplement;

(e) clothing allowance;

(f)  attendant allowance;

(g) decoration allowance;

(h) recreation transport allowance;

(i)   allowances paid under the Veterans' Children Education Scheme.

 

Part 3: Approval of classes of payment

 

The Commission approves under subsection 122B(5) of the VEA the following classes of payments for the purposes of section 122B of the VEA.

 

            (a) payments to a State Housing Authority that are:

 

(i)         payments of rent;

(ii)        payments of principal or interest of loans;

(iii)       payments of debts;

 

            (b) payments to Westpac Banking Corporation that are:

 

(i)         payments of principal or interest of loans;

(ii)        payments of insurance premiums.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Veterans' Entitlements (Direct Deductions Arrangements) Instrument 2015
(2015 No. R23)

10 July 2015 (F2015L01134)

11 July 2015 (s 1.2)

 

Veterans’ Entitlements Legislative Instruments Omnibus Variation Determination 2022
(2022 No. R9)

14 Dec 2022 (F2022L01649)

Sch 4: 15 Dec 2022 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 1.3..........................................

rep LA s 48C

s 1.5..........................................

am F2022L01649

Part 2

 

Part 2

am F2022L01649

 

ed C1

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Paragraph (i) of Part 2

Kind of editorial change

Change to punctuation

Details of editorial change

Schedule 4 item 4 of the Veterans’ Entitlements Legislative Instruments Omnibus Variation Determination 2022 instructs to repeal paragraphs (j) and (k) of Part 2.

The repeal of paragraphs (j) and (k) results in paragraph (i) ending with a semicolon despite being the last paragraph of that part.

This compilation was editorially changed by omitting the semicolon and inserting a full stop at the end of paragraph (i) of Part 2 to bring it into line with legislative drafting practice.