Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 28, 1986
Compilation No. 11
Compilation date: 1 July 1997
Includes amendments up to: Act No. 157, 1997
Registered: 18 February 2016
About this compilation
This compilation
This is a compilation of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 that shows the text of the law as amended and in force on 1 July 1997 (the compilation date).
This compilation was prepared on 18 February 2016.
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 ComLaw (www.comlaw.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 ComLaw 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.
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 ComLaw 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I--Preliminary
1 Short title
2 Commencement
3 Interpretation
Part II--Existing pensions and allowances and provision for treatment
4 Existing pensions, other than service pensions
5 Pensions--re-marriage or marriage of widow
6 Commutation of certain pensions
7 Assessment of rate of pension
8 Existing service pensions
10 Restrictions on dual pensions
11 Patients in mental hospitals
13 Persons deemed to be in receipt of pensions, &c.
14 Eligibility for treatment under repealed Acts may continue
15 Existing allowances
16 Allowances and other benefits
Part III--Claims, applications and reviews
17 Pending Claims
18 Pending reviews by Commission
19 Pending applications to the Board or the Tribunal
20 Reviews of certain decisions made under repealed Acts
21 Retrospective operation of decisions
22 Reasons for decisions
Part IV--Miscellaneous transitional provisions
23 Child of a person
24 Certain persons deemed to be domiciled in Australia
25 Reduction in rate of pension
26 Summons
27 Guide to Assessment of Rates of Veterans' Pensions
28 Savings--child living outside Australia
29 Calculation of value of property
30 Pension loan scheme
31 Deprivation of income or property
32A Payments by way of compensation or damages
33 Requests to institute proceedings, &c.
34 Payment of damages to Commonwealth
35 Deductions of overpayments of pension
36 Establishment of hospitals, &c.
37 Recovery of cost of medical treatment
38 Notification of event or change of circumstances
39 Deduction of tax from service pensions
40 Payment of service pension
41 Advances on account of loss of earnings allowance
42 Application of section 120 of Veterans' Entitlements Act to decisions of Commission
43 Application of sections 120 and 139 of Veterans' Entitlements Act to reviews by the Board
44 Application of section 120 of Veterans' Entitlements Act to reviews by Administrative Appeals Tribunal
45 Notice to be given of certain events affecting pensions
46 Savings--children under Soldiers' Children Education Scheme
46A Payment of pension, &c., on death of person
47 Furnishing of information
48 Membership of Board
49 Leave of Absence
50 Membership of Commission
51 Leave of Absence
52 Acting members of the Commission
53 Trusts
54 Trusts in respect of pensions and allowances
55 Recovery of overpayments
56 Arrangements with other countries
57 Pension payable to person suffering from mental incapacity
58 Local Committees
58A Appropriation
Part V--Consequential amendments of Acts and Regulations
59 Amendments of Acts
Part VI--Transitional provisions relating to consequential amendments
61 Appropriation--transitional
63 Savings--Compensation (Commonwealth Government Employees Act)
64 Transitional--Australian mariners
65 Pensions-re-marriage or marriage of widow
Schedule
Air Accidents (Commonwealth Government Liability) Act 1963
Albury-Wodonga Development Act 1973
Compensation (Commonwealth Government Employees) Act 1971
Defence Force Discipline Act 1982
Defence Service Homes Act 1918
Public Service Act 1922
Re-Establishment and Employment Act 1945
Sales Tax (Exemptions and Classifications) Act 1935
Seamen's War Pensions and Allowances Act 1940
Social Security Act 1947
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
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
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.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
A = Act | o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub-subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev ... ) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | Reg = Regulation/Regulations |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislative Instruments | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s)/subsection(s) |
Sch = Schedule(s) | |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub-Ch = Sub-Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 | 28, 1986 | 19 May 1986 | s 61: 19 May 1986 (s 2(2)) |
|
Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Amendment Act 1986 | 29, 1986 | 19 May 1986 | -- | |
Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 | 106, 1986 | 27 Oct 1986 | s 117 | |
Disability Services (Transitional Provisions and Consequential Amendments) Act 1986 | 130, 1986 | 9 Dec 1986 | -- | |
78, 1987 | 5 June 1987 | s 51, 53, 54(1), 55(2), 56(2), 57, 58, 59(1) and 60: 22 May 1986 (s 2(2)) | s 82 and 83 | |
Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987 | 130, 1987 | 16 Dec 1987 | s 116-118 and Sch 3: 16 Dec 1987 (s 2) | -- |
134, 1988 | 22 Dec 1988 | -- | ||
Social Security and Veterans' Affairs Legislation Amendment Act (No. 4) 1989 | 164, 1989 | 19 Dec 1989 | s 129 and 131: 1 Mar 1989 (s 2) | -- |
73, 1991 | 25 June 1991 | Sch 4: 1 July 1991 (s 2(1)) | -- | |
74, 1991 | 25 June 1991 | Sch 3: 25 June 1991 (s 2(5)) | -- | |
175, 1991 | 25 Nov 1991 | Sch: 12 Nov 1991 (s 2(3)) | -- | |
Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 | 157, 1997 | 3 Nov 1997 | Sch 4 (item 2): 1 July 1997 (s 2(7)) | -- |
Provision affected | How affected |
Part II |
|
s 4..................... | am No 78, 1987; No 134, 1988; No 73, 1991 |
s 5..................... | am No 78, 1987; No 73, 1991 |
s 6..................... | am No 29, 1986 |
s 7..................... | am No 106, 1986; No 130, 1987 |
s 8..................... | am No 73, 1991 |
s 9..................... | rep No 73, 1991 |
s 10.................... | am No 130, 1987; No 164, 1989; No 73, 1991; No 175, 1991; No 157, 1997 |
s 12.................... | rep No 74, 1991 |
s 13.................... | am No 78, 1987; No 73, 1991 |
s 14.................... | am No 73, 1991 |
s 16.................... | am No 78, 1987 |
Part III |
|
s 20.................... | am No 29, 1986; No 78, 1987; No 73, 1991 |
s 21.................... | am No 134, 1988; No 164, 1989 |
s 22.................... | am No 73, 1991 |
Part IV |
|
s 23.................... | am No 130, 1986; No 130, 1987; No 134, 1988; No 164, 1989; No 73, 1991 |
s 27.................... | am No 29, 1986 |
s 28.................... | am No 73, 1991 |
s 29.................... | am No 73, 1991 |
s 30.................... | am No 130, 1987; No 73, 1991 |
s 31.................... | am No 130, 1987; No 73, 1991 |
s 32.................... | am No 78, 1987 |
| rep No 164, 1989 |
s 32A................... | ad No 78, 1987 |
s 37.................... | am No 78, 1987 |
s 39.................... | am No 73, 1991 |
s 40.................... | am No 73, 1991 |
s 45.................... | am No 78, 1987; No 73, 1991 |
s 46A................... | ad No 106, 1986 |
| am No 130, 1987 |
s 54.................... | am No 29, 1986; No 78, 1987 |
s 55.................... | rs No 134, 1988 |
s 58A................... | ad No 130, 1987 |
Part VI |
|
s 64.................... | am No 29, 1986 |
Schedule |
|
Schedule................. | am No 78, 1987 |