Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 135, 2006
Compilation No. 10
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Extension to external Territories
4 Definitions
5 Meaning of nuclear test participant etc.
6 Procedures for making claims etc.
Part 2--Treatment
Division 1--Eligibility to be provided with treatment
7 Eligibility
8 Claims for eligibility
9 Withdrawal of claims
10 Determination of claims
11 Revocation of determination of eligibility
Division 2--Provision of treatment
12 Provision of treatment
13 Approval of treatment already provided
13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission
14 Limits on provision of treatment
15 Treatment at hospitals and other institutions
16 Application and modification of the Treatment Principles
17 Application and modification of the Repatriation Private Patient Principles
18 Application and modification of Repatriation Pharmaceutical Benefits Scheme
Part 3--Travelling expenses
19 Entitlement to travelling expenses
20 Advances of travelling expenses
21 Claims for travelling expenses
22 Withdrawal of claims
23 Determination of claims
Part 3A--Pharmaceutical supplement
23A Simplified outline
23B Eligibility for pharmaceutical supplement
23C Pharmaceutical supplement not payable in some circumstances
23D Rate of pharmaceutical supplement
23E Payment of pharmaceutical supplement
Part 4--Review of decisions
Division 1--Review by Commission
24 Request for review
25 Review by Commission
26 Commission must make written record of review decision and reasons
27 Person who requested review to be notified of decision
28 Withdrawal of request for review
Division 2--Review by Administrative Review Tribunal
29 Review by Administrative Review Tribunal
Part 5--Administration and enforcement
Division 1--General
30 Additional functions of Commission
31 Commission not bound by technicalities
32 Delegation
Division 2--Obtaining and giving information etc.
33 Commission may obtain information etc.
34 Failure to comply with a notice
35 Self-incrimination
36 Giving information
Division 3--Offences
37 False or misleading statements or documents relating to treatment
38 Medical service providers causing detriment to others
39 Medical service providers threatening detriment
40 Bribery by medical service providers
41 Practitioners receiving bribes etc.
42 Pathology practitioners making payments to requesting practitioners
43 Pathology practitioners providing pathology services to persons with whom they have arrangements
44 Providing staff to be used in pathology services
45 Counselling statements inadmissible as evidence
Division 4--Recovery of amounts paid because of false or misleading statements
46 Recovery of amounts paid because of false or misleading statements
47 Interest payable on amounts paid because of false or misleading statements
48 Reduction in payments because of previous overpayments
Division 5--Recovery of cost of treatment
48A Recovery of cost of treatment
Division 6--Recovery of overpayments of pharmaceutical supplement
48B Recovery of overpayments of pharmaceutical supplement
Part 6--Miscellaneous
49 Appropriation
50 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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.
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) |
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
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Australian Participants in British Nuclear Tests (Treatment) Act 2006 | 135, 2006 | 30 Nov 2006 | 1 Dec 2006 |
|
Veterans' Affairs Legislation Amendment (International Agreements and Other Measures) Act 2008 | 81, 2008 | 12 July 2008 | Sch 2: 13 July 2008 | Sch 2 (items 3, 4) |
Veterans' Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010 | 120, 2010 | 17 Nov 2010 | Sch 1 (items 1-5): Royal Assent | Sch 1 (items 4, 5) |
Veterans' Affairs Legislation Amendment (Participants in British Nuclear Tests) Act 2011 | 169, 2011 | 4 Dec 2011 | Sch 1 (items 1-6): Royal Assent | Sch 1 (items 5, 6) |
Veterans' Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 | 99, 2013 | 28 June 2013 | Sch 13 (items 2-4, 12): 26 July 2013 | Sch 13 (item 12) |
Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Act 2014 | 5, 2014 | 28 Feb 2014 | Sch 1 (items 1-3): Royal Assent | -- |
Veterans' Affairs Legislation Amendment (Budget Measures) Act 2017 | 59, 2017 | 22 June 2017 | Sch 1 (items 1-16): 1 July 2017 (s 2(1) item 2) | Sch 1 (item 16) |
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 | 108, 2017 | 14 Sept 2017 | Sch 3 (item 3): 12 Oct 2017 (s 2(1) item 5) | -- |
128, 2017 | 30 Nov 2017 | Sch 3 (item 1) and Sch 7 (items 1-6, 44, 54): 1 Dec 2017 (s 2(1) items 4, 10) | Sch 7 (items 6, 44, 54) | |
Veterans' Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018 | 17, 2018 | 28 Mar 2018 | Sch 2 (item 41): 1 May 2018 (s 2(1) item 3) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 15 (items 1, 40): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Title.................... | am No 59, 2017 |
Part 1 |
|
s 1..................... | am No 59, 2017 |
s 4..................... | am No 81, 2008; No 169, 2011; No 59, 2017; No 128, 2017 |
s 5..................... | am No 81, 2008; No 120, 2010; No 169, 2011; No 59, 2017 |
Part 2 |
|
Part 2 heading............. | rs No 59, 2017 |
Division 1 |
|
s 7..................... | am No 59, 2017; No 108, 2017 (amdt never applied (Sch 3 item 3)); No 128, 2017; No 17, 2018 |
Division 2 |
|
s 13.................... | am No 99, 2013 |
s 14.................... | am No 59, 2017 |
s 16.................... | am No 99, 2013 |
s 18.................... | am No 128, 2017 |
Part 3 |
|
s 19.................... | am No 5, 2014 |
s 20.................... | am No 5, 2014 |
Part 3A |
|
Part 3A.................. | ad No 59, 2017 |
s 23A................... | ad No 59, 2017 |
s 23B................... | ad No 59, 2017 |
s 23C................... | ad No 59, 2017 |
| am No 17, 2018 |
s 23D................... | ad No 59, 2017 |
s 23E................... | ad No 59, 2017 |
Part 4 |
|
Division 1 |
|
s 27.................... | am No 38, 2024 |
Division 2 |
|
Division 2 heading.......... | am No 38, 2024 |
s 29.................... | am No 38, 2024 |
Part 5 |
|
Division 1 |
|
s 32.................... | am No 169, 2011 |
Division 5 |
|
Division 5................ | ad No 59, 2017 |
s 48A................... | ad No 59, 2017 |
Division 6 |
|
Division 6................ | ad No 59, 2017 |
s 48B................... | ad No 59, 2017 |
Part 6 |
|
s 49.................... | am No 99, 2013; No 59, 2017 |