VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986

Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 - SCHEDULE

Section 59

Air Accidents (Commonwealth Government Liability) Act 1963

Sub section 6(2) :

Omit " the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956 or the Repatriation (Special Overseas Service) Act 1962 " , substitute " the Veterans ' Entitlements Act 1986 (other than Part IV) " .

Paragraph 10(2)(b) :

Omit " the Repatriation Act 1920 " , substitute " the Veterans ' Entitlements Act 1986 " .

Paragraph 10(3)(b) :

Omit the paragraph, substitute the following paragraph:

(b) section 74 of the Veterans ' Entitlements Act 1986 ;

Sub section 11(3) :

Paragraph 15(2) ( b) :

Omit " the Repatriation Act 1920 " , substitute " the Veterans ' Entitlements Act 1986 " .

Paragraph 15(3)(b) :

Omit the paragraph, substitute the following paragraph:

(b) section 74 of the Veterans ' Entitlements Act 1986 ;

Albury - Wodonga Development Act 1973

Sub section 12 ( 3) :

Omit " the Repatriation Act 1920 " , substitute " the Veterans ' Entitlements Act 1986 " .

Compensation (Commonwealth Government Employees) Act 1971

Sub section 7 ( 8) :

Omit " the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956 , the Repatriation (Special Overseas Service) Act 1962 , the Interim Forces Benefits Act 1947 " , substitute " the Veterans' Entitlements Act 1986 (other than Part IV) " .

Paragraph 52 ( 4) ( da) :

Omit " Division 10 of Part III of the Repatriation Act 1920 " , substitute " Part IV of the Veterans' Entitlements Act 1986 " .

Sub section 98 ( 1) :

Sub section 98 ( 2) :

Sub section 98 (3) :

Omit " the Repatriation Act 1920 , the Repatriation (Far East Strategic Reserve) Act 1956 , the Repatriation (Special Overseas Service) Act 1962 , the Interim Forces Benefits Act 1947 " , substitute " the Veterans' Entitlements Act 1986 " .

Sub section 98A (1) :

Omit " under Division 10 of Part III of the Repatriation Act 1920 " , substitute " for the purposes of Part IV of the Veterans' Entitlements Act 1986 " .

Sub section 99(10) :

Omit " section 107T of the Repatriation Act 1920 " , substitute " section 76 of the Veterans' Entitlements Act 1986 " .

Sub section 100(7) :

Omit " section 107T of the Repatriation Act 1920 " , substitute " section 76 of the Veterans' Entitlements Act 1986 " .

Sub section 102(6) :

Omit " section 107T of the Repatriation Act 1920 " , substitute " section 76 of the Veterans' Entitlements Act 1986 " .

Paragraph 119A(1)(a) :

(a) Omit " the Repatriation Act 1920 " , substitute " the Veterans' Entitlements Act 1986 " .

(b) Omit " Division 10 of Part III " , substitute " Part IV " .

Paragraph 119A(1)(b) :

Omit " section 107R " , substitute " section 74 " .

Paragraph 119A(2)(a) :

Omit " the Repatriation Act 1920 " , substitute " the Veterans' Entitlements Act 1986 " .

Paragraph 119A(2)(c) :

Omit " Division 10 of Part III " , substitute " Part IV " .

Paragraph 119A(2)(d) :

Omit " section 107R " , substitute " section 74 " .

Defence Force Discipline Act 1982

Paragraph 3(7)(c) :

Omit " Division 10 of Part III of the Repatriation Act 1920 " , substitute " Part IV of the Veterans' Entitlements Act 1986 " .

Defence Service Homes Act 1918

Sub section 4(1) (definition of Australian soldier ) :

Omit paragraph ( g) of the definition, substitute the following paragraph:

(g) a person who, as a member of the Defence Force, rendered continuous full - time service outside Australia :

(i) as a member of a unit of the Defence Force that was allotted for duty; or

(ii) while the person was allotted for duty ;

in an operational area described in item 4, 5, 6, 7 or 8 in Schedule 2 to the Veterans' Entitlements Act 1986 during the period specified in that item;

Paragraph 4(2)(a) :

Omit " the date of commencement of the Repatriation (Far East Strategic Reserve) Act 1956 " , substitute " 1 September 1957 " .

Paragraph 4(2)(b) :

Omit " after the commencement of the Repatriation (Far East Strategic Reserve) Act 1956 and before the commencement of the Repatriation (Special Overseas Service) Act 1962 " , substitute " after 1 September 1957 and before 28 May 1963 " .

Paragraph 4(3)(a) :

Omit the paragraph, substitute the following paragraph:

(a) a person described in paragraph ( g) of the definition of Australian soldier in sub section 4(1); or

Sub section 20(4) :

Omit " who is a person entitled to the special rate of pension payable under the first paragraph of the Second Schedule of the Repatriation Act 1920 - 1973 " , substitute " who is in receipt of, or is eligible to receive, a pension under Part II of the Veterans' Entitlements Act 1986 and is a person to whom section 24 of that Act applies " .

Health Insurance Act 1973

Paragraph 3(10)(b) :

Omit the paragraph, substitute the following paragraph:

(b) a service pension, a wife ' s service pension or a carer ' s service pension under the Veterans' Entitlements Act 1986 ; or

Paragraph 5B ( 12) (definition of income ) :

Omit paragraph ( b), substitute the following definition:

(b) a pension payable under the Veterans' Entitlements Act 1986 ;

Income Tax (Rates) Act 1982

Sub section 3(1) (definition of prescribed non - resident ) :

Omit subparagraphs ( b)(i) to (vi) (inclusive), substitute the following sub paragraphs:

( i) the Veterans' Entitlements Act 1986 ;

(ii) sub section 4(6) of the Veterans ' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 ;

(iii) the Social Security Act 1947 ; or

(iv) the Tuberculosis Act 1948 ;

National Health Act 1953

Sub section 4(1) (definition of pensioner ) :

Omit paragraph ( b), substitute the following paragraph:

(b) a person to whom, or in respect of whom, there is being paid a service pension, a wife ' s service pension or a carer ' s service pension under Part III of the Veterans' Entitlements Act 1986 , other than such a person who is a prescribed person within the meaning of section 82 of that Act; or

Sub section 4(1) (definition of Repatriation nursing home patient) :

Omit the definition, substitute the following definition:

"Repatriation nursing home patient" means a patient who is receiving nursing home care in an approved nursing home in accordance with arrangements entered into :

(a) under paragraph 89(1)(b) or (c) of the Veterans' Entitlements Act 1986 ; or

(b) in pursuance of regulations in force under the S eamen ' s War Pensions and Allowances Act 1940 .

Paragraph 4(3 ) (b) :

Omit the paragraph, substitute the following paragraph:

(b) a service pension, a wife ' s service pension or a carer ' s service pen sion under the Veterans' Entitlements Act 1986 ; or

Paragraph 4AA(11)(b) :

Omit " the Repatriation Act 1920 " , substitute " the Veterans' Entitlements Act 1986 " .

Sub section 84(1) (definition of concessional beneficiary ) :

Omit paragraph ( b), substitute the following paragraph:

Public Service Act 1922

Sub section 7(1) (definition of returned soldier ) :

Omit all words from and including " Re - establishment and Employment Act 1945 - 1951 " to the end of the definition, substitute " Re - establishment and Employment Act 1945 and any other person who, as a member of the Defence Force, rendered continuous full - time service outside Australia :

(e) as a member of a unit of the Defence Force that was allotted for duty; or

(f) while the person was allotted for duty ;

in an operational area described in item 4, 5, 6, 7 or 8 in Schedule 2 to the Veterans' Entitlements Act 1986 during the period specified in that item; " .

Re - Establishment and Employment Act 1945

Sub section 91(1) (definition of eligible person ) :

(a) Omit from subparagraph ( b)(i) " the Australian Soldiers ' Repatriation Act 1920 - 1945 " , substitute " Part II of the Veterans' Entitlements Act 1986 " .

(b) Omit from subparagraph ( b ) (i) " war pension " (wherever occurring), substitute " pension " .

Sub section 101(4) :

Omit " war pension payable to a person or a dependant of that person under the Repatriation Act 1920 - 1956 or of a pension payable to a person or a dependant of that person under the Repatriation (Far East Strategic Reserve) Act 1956 - 1962 or under the Repatriation (Special Overseas Service) Act 1962 " , substitute " pension payable to a person or a dependant of a person under Part II of the Veterans' Entitlements Act 1986 " .

Sales Tax (Exemptions and Classifications) Act 1935

First Schedule (item 135) :

Omit paragraphs ( a) and (b), substitute the following paragraphs:

(a) has lost a leg or both arms or has had a leg, or both arms, rendered permanently and wholly useless; or

(b) is in receipt of a pension under Part II of the Veterans' Entitlements Act 1986 and is a veteran (within the meaning of that Part) to whom section 24 of that Act applies.

Seamen ' s War Pensions and Allowances Act 1940

Sub section 3(1) (definition of Australian mariner ) :

(a) Omit from paragraph ( aa) " or whose dependants were " , substitute " or whose wife or child was " .

(b) Omit from paragraph ( f) " the Minister " , substitute " the Commission " .

Sub section 3(1) (definition of Board ) :

Omit the definition, substitute the following definition:

"Board" means the Veterans ' Review Board continued in existence by sub section 134(1) of the Veterans' Entitlements Act 1986 ;

Sub section 3(1) (definition of de facto wife ) :

Omit the definition, substitute the following definitions:

"child" means :

(a) a person who has not attained the age of 16 years; or

(b) a person who :

(i) has attained the age of 16 years but has not attained the age of 25 years;

(ii) is undertaking full - time education at a school, college or university; and

(iii) is not in receipt of a pension under Part III or IV, a benefit under Part IVAAA or VII or a rehabilitation allowance under Part VIII of the Social Security Act 1947 or an allowance under section 9 of the Tuberculosis Act 1948 .

"Commission" means the Repatriation Commission continued in existence by sub section 179(1) of the Veterans' Entitlements Act 1986 .

Sub section 3 (1) (definitions of separated wife and separated widow ) :

Omit the definitions.

Sub section 3 (1) (definition of the Commission ) :

Omit the definition.

Sub section 3(1) (definition of the present war ) :

Omit the definition, substitute the following definition:

"the present war" means the war that commenced on 3 September 1939 (including any other war in which the Crown became engaged after that date and before 3 September 1945) and is to be deemed to have ended on 28 April 1952, being the date on which the Treaty of Peace with Japan came into force .

Sub section 3(1C) :

Omit the sub section, insert the following sub section:

(1C) In this Act :

(a) a reference to the wife of a person shall be read as a reference :

(i) to a woman who is legally married to the person; or

(ii) if the person is a man -- to a woman who is living with the person as her husband on a bona fide domestic basis although not legally married to the person, whether or not the person is legally married to another person who is still alive; and

(b) a reference to the widow of a deceased person shall be read as a reference to a woman who was the wife of the person immediately before the person ' s death.

After section 3, insert the following section in Part I:

3A Child of Australian mariner

(1) In this Act, unless the contrary intention appears, a reference to a child of an Australian mariner, or of a deceased Australian mariner, shall be read as a reference to :

(a) a child of whom the mariner is the father or mother or a child adopted by the mariner or the mariner and the mariner ' s spouse; or

(b) any other child who is, or was immediately before the death of the mariner, wholly or substantially dependent on the mariner.

(2) For the purposes of subsection ( 1), where an Australian mariner is, under a law of the Commonwealth or of a State or Territory, liable to maintain a child, the child shall be deemed to be wholly or substantially dependent on that mariner.

Section 14 :

Repeal the section.

Section 15 :

Repeal the section, substitute the following section:

15 Assessment of degree of incapacity

(1) Where the Commission or the Pensions Committee determines that an Australian mariner has become incapacitated as a direct result of having sustained a war injury :

(a) in the case of a pilot -- while on pilot duty; or

(b) in every other case -- in the course of employment as an Australian mariner ;

the Commission, or the Pensions Committee, shall, subject to subsections ( 2) and (3), determine the degree of incapacity of the mariner according to the provisions of the Guide to the Assessment of Rates of Veterans ' Pensions as from time to time approved and in force under section 29 of the Veterans' Entitlements Act 1986 .

(2) Subject to subsection ( 3), the degree of incapacity shall be determined as 10 per centum or a multiple of 10 per centum, but not exceeding 100 per centum.

(3) The Commission or the Pensions Committee, as the case requires, may determine that the degree of incapacity of an Australian mariner from a war injury sustained by the mariner is less than 10 per centum (including nought per centum).

Paragraph 17A(1 ) (a) :

Omit the paragraph, substitute the following paragraph:

(a) a pension calculated under section 22A on the basis that, if the mariner had been a veteran entitled in respect of incapacity from war injury to a pension under Part II of the Veterans' Entitlements Act 1986 , section 24 of that Act would have applied to the mariner;

Paragraph 17A(1)(b) :

Omit " paragraph 1 of Schedule 5 to the Repatriation Act 1920 " , substitute " sub section 27(1) of the Veterans' Entitlements Act 1986 " .

Sub section 18(2) :

Omit " the widow of an Australian mariner in the case of his death " , substitute " a dependant of a deceased Australian mariner, being a person who is the widow of the mariner, " .

Sub section 18(4) :

Omit " in the case of his total incapacity is " , substitute " is, if the degree of the incapacity is 100 per centum, " .

Paragraph 18(4A) (b) :

Omit the paragraph, substitute the following paragraph:

(b) the Commission or a Pensions Committee is satisfied that, if the mariner were a veteran entitled, in respect of incapacity from war injury, to a pension under Part II of the Veterans' Entitlements Act 1986 , section 23 of that Act would apply to the mariner ;

Sub section 18 (7) :

Omit " children of an Australian mariner " , substitute " dependants of a deceased Australian mariner, being dependants who are children of the mariner " .

Sections 19 and 20 :

Repeal the sections.

Sub section 21(1) :

After " Commission " , insert " or a Pensions Committee " .

Sub section 21(2) :

Omit the sub section, substitute the following sub sections:

(2) Where :

(a) an Australian mariner is being paid a pension under this Act in respect of incapacity :

(i) from a war injury affecting the cerebro - spinal system; or

(ii) from a war injury that has caused a condition similar in effect or severity to an injury or disease affecting the cerebro - spinal system; and

(b) the Commission or a Pensions Committee is of the opinion that the mariner has a need for the services of an attendant to assist the mariner ;

the Commission or a Pensions Committee may grant to the mariner an allowance, called attendant allowance, at the rate of $57.40 per fortnight, for or towards the cost of the services of an attendant to assist the mariner.

(3) For the purposes of the application of Schedule 2 to and in relation to an Australian mariner :

(a) a leg, foot, hand or arm that has been rendered permanently and wholly useless shall be treated as having been amputated; and

(b) where an Australian mariner has lost an eye or the Commission or a Pensions Committee is of the opinion that the eyesight of an Australian mariner is so defective that the mariner has no useful sight in that eye, the mariner shall be deemed to have been blinded in that eye.

(4) Where the Commission or a Pensions Committee makes a decision with respect to an application for an allowance under this section, section 8A applies to and in relation to the decision in like manner as it applies to and in relation to a decision relating to a prescribed matter within the meaning of that section.

Section 22 :

Repeal the section.

Section 22A :

Repeal the section, substitute the following section:

22A Special rate of pension

Where the Commission or a Pensions Committee is satisfied that, if an Australian mariner were a veteran entitled, in respect of the incapacity from war injury sustained by the mariner, to a pension under Part II of the Veterans' Entitlements Act 1986 , section 24, 25 or 27 of that Act would apply to the mariner, it may assess the rate at which pension under this Act is payable to the mariner at the rate that would, in its opinion, be the rate at which pension would be payable to the mariner under that Act in respect of the incapacity if the mariner were a veteran so entitled to be paid pension.

Sub section 23(1) :

Omit the sub section, substitute the following sub section:

(1) Where the degree of the incapacity of an Australian mariner from a war injury is determined under section 15 at 10 per centum or more but not more than 90 per centum, the rate of pension payable in respect of the incapacity shall be a rate per fortnight that constitutes the same percentage of the rate specified in column 3 of Schedule 1 as the percentage so determined to be the degree of the incapacity of the mariner from war injury.

Sub section 23(2) :

Omit " of less than 20% " , substitute " assessed at 10 per centum " .

Sub section 23(3) :

Omit " of less than 20% " , substitute " assessed at 10 per centum " .

After sub section 23(3) :

Insert the following sub section:

(3A) Where the degree of incapacity of an Australian mariner from a war injury sustained by the mariner is assessed at less than 10 per centum (including nought per centum), the Commission or the Pensions Committee, as the case requires, shall not assess a rate of pension, but shall refuse to grant a pension to the mariner on the ground that the extent of the incapacity of the mariner from war injury sustained by the mariner is insufficient to justify the grant of a pension.

Sub section 26(2) :

Omit " member " , substitute " mariner " .

Sub section 26AA(1) :

Omit " claim " , substitute " apply for " .

Sub section 26AA(2) :

Omit " a claim " , substitute " an application " .

Sub section 26AA(3) :

(a) Omit " A claim " , substitute " An application " .

(b) Omit paragraph ( b), substitute the following paragraph:

" (b) shall be accompanied by such evidence available to the applicant a s the applicant considers may support the application; and " .

(d) Omit " his claim " from paragraph ( c), substitute " the application " .

Sub section 26AA(4) :

(a) Omit " a claim " , substitute " an application " .

(b) Omit " the claim " , substitute " the application " .

Sub section 26AA(5) :

(a) Omit " a claim " (twice occurring), substitute " an application " .

(b) Omit " claim " (third, fourth and fifth occurring), substitute " application " .

After section 26AA :

I nsert the following section:

26AAA Who may make claim or application

A claim under sub section 26(1) for a pension for an Australian mariner or for a dependant of a deceased Australian mariner, an application under sub section 26AA(1) for an increase in the rate of pension payable to an Australian mariner or an application under sub section 26AA(2) for a pension for an Australian mariner may be made :

(a) by the mariner or dependant, as the case may be;

(b) with the approval of the mariner or dependant, as the case may be, by another person on behalf of the mariner or dependant;

(c) in the case of a mariner or dependant, as the case may be, who is unable, by reason of physical or mental incapacity, to approve a person to make the claim or application on his or her behalf -- by another person, being a person approved by the Commission or a Pensions Committee, on behalf of the mariner or dependant; or

(d) in the case of a dependant who is under the age of 18 years :

(i) by a parent or guardian of the dependant;

(ii) by another person approved by a parent or guardian of the dependant; or

(iii) if there is not a parent or guardian of the dependant alive, or willing and able to make or approve a person to make, such a claim or application on behalf of the dependant -- by another person, being a person approved by the Commission or a Pensions Committee ;

on behalf of the dependant.

Sub section 26AB(1) :

(a) After " claimant " , insert " or applicant " .

(b) After " claim " (wherever occurring), insert " or application " .

Sub section 26AB(2) :

Omit the sub section, substitute the following sub section:

(2) The withdrawal of a claim or application does not prevent the claimant from subsequently making another claim under section 26, or the applicant from subsequently making another application under section 26AA.

Sub section 26A(1) :

Omit the sub section, substitute the following sub section:

(1) Where a claim is made for a pension under sub section 26(1), or an application is made for an increased pension under sub section 26AA(1) or for a pension under sub section 26AA (2), the Secretary shall cause an investigation to be made into the matters to which the claim or application relates.

Sub section 26A(2) :

After " claim " (wherever occurring), insert " or application " .

Sub section 26A(3) :

(a) After " claim " (wherever occurring), insert " or application " .

(b) After " claimant " (in paragraph ( a)), insert " or applicant " .

Section 28 :

Repeal the section.

Sections 28A, 29, 30 and 31 :

Repeal the sections, substitute the following sections:

29 Power to obtain information

(1) The Secretary must serve on :

(a) a person to whom a pension, allowance or other benefit under this Act is being paid, including a person to whom the whole or a part of such a pension, allowance or benefit is being paid for the purpose of being applied for the benefit of the pensioner;

(b) a person whose claim or application for a pension or attendant allowance under this Act is under consideration by the Commission, a Pensions Committee, the Board or the Administrative Appeals Tribunal;

(d) a person whose application to be provided with treatment under the Regulations is under consideration by the Commission ;

a notice, in writing :

(e) requiring the person, if an event or change of circumstances specified in the notice occurs or the person becomes aware that an event or change of circumstances so specified is likely to occur, to notify the Secretary, or the officer specified in the notice, of the occurrence, or likely occurrence, of that event or change of circumstances within such period after the occurrence of that event or change of circumstances or after the person becomes aware that that event or change of circumstances is likely to occur, as the case may be, as is specified in the notice; or

(f) requiring the person to furnish to the Secretary, or to an officer specified in the notice, within the period specified in the notice, a statement, in accordance with a form approved by the Commission, relating to any matter specified in the notice, being a matter that might affect the payment of that pension, allowance or other pecuniary benefit under this Act or the provision of treatment under the Regulations.

(2) An event or change of circumstances shall not be specified in a notice referred to in paragraph ( 1)(e) unless the occurrence of that event or change of circumstances might affect the payment of a pension, allowance or other pecuniary benefit under this Act or the provision of treatment under the Regulations.

(3) The period for compliance specified in a notice in accordance with subsection ( 1) shall not be less than 14 days.

(4) A person to whom a notice has been given in accordance with subsection ( 1) shall not refuse or fail to comply with the notice to the extent that the person is capable of complying with it.

Penalty: $1,000 or imprisonment for 6 months, or both.

(5) A person to whom a notice has been given in accordance with subsection ( 1) shall not, in purported compliance with the notice, knowingly furnish information that is false or misleading in a material particular.

Penalty: $2,000 or imprisonment for 12 months, or both.

30 Secretary may obtain information

(1) Where the Secretary has reason to believe that a person is capable of furnishing information, producing documents or giving evidence in relation to any matter that might affect, or might have affected, the grant or payment of a pension, allowance or other pecuniary benefit under this Act to that person or any other person, or the provision of treatment under the Regulations for that person or any other person, the Secretary may, by notice, in writing, served on that person, require that person :

(a) to furnish, within the period and in the manner specified in the notice (being a period that ends not less than 14 days after the date of service of the notice), any such information specified in the notice to the officer specified in the notice;

(b) to produce, within the period and in the manner specified in the notice (being a period that ends not less than 14 days after the date of service of the notice), any such documents specified in the notice to the officer specified in the notice; or

(c) to appear on a date, and at a time and place, specified in the notice (being a date not less than 14 days after the date of service of the notice), before the officer specified in the notice, to give any such evidence, either orally or in writing, and to produce any such documents specified in the notice.

(2) The officer specified in a notice given in pursuance of paragraph ( 1)(c) may require any evidence that is given to the officer in compliance with the notice to be given on oath or affirmation and, for that purpose, the officer may administer an oath or affirmation.

(3) The oath or affirmation to be taken by a person for the purposes of this section is an oath or affirmation that the evidence the person will give will be true.

(4) A person shall not refuse or fail to comply with a notice under subsection ( 1) to the extent that the person is capable of complying with it.

Penalty: $1,000 or imprisonment for 6 months, or both.

(5) A person shall not, in purported compliance with a notice under subsection ( 1), knowingly furnish information or give evidence that is false or misleading in a material particular.

Penalty: $2,0 ` 00 or imprisonment for 12 months, or both.

(6) This section binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

(7) This section does not require a person to furnish information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).

31 Self - incrimination

A person is not excused from furnishing information, producing a document or giving evidence in pursuance of a notice under section 30 on the ground that the information or evidence, or the production of the document, may tend to incriminate the person, but any information furnished, evidence given or document produced in pursuance of a notice under section 30 is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against sub section 30(4) or (5).

32 Furnishing of information

Nothing in a law of a State or Territory shall operate so as to prevent a person from furnishing any information, producing any documents or giving any evidence to an officer for the purposes of this Act.

32A Interpretation

In sections 30 to 32 (inclusive), unless the contrary intention appears :

"officer" means a person performing duties, or exercising powers or functions, under, or in relation to, this Act .

"person" includes an unincorporated body. " .

Section 34 (definition of reviewable decision ) :

(a) Omit paragraph ( a), substitute the following paragraph:

" (a) in relation to the Commission -- means a decision of the Commission under section 6, 21 or 22A, sub section 23(3) or section 53A or 55; and " .

(b) Insert " means " in paragraph ( b) after " Committee " .

Sub section 35(3) :

Insert " , or cancelling or suspending a pension, " after " pension " (second occurring).

Section 37 :

Repeal the section, substitute the following section:

37 Application of certain provisions of Part IX of Veterans ' Entitlements Act

(1) Part IX (other than section 135, sub sections 136(3) and 138(1), section 139 and paragraph 140(3)(b)) of the Veterans' Entitlements Act 1986 applies to, and in relation to, an application under section 35 of this Act as if the application were an application under Part IX of the Veterans' Entitlements Act 1986 .

(2) For the purpose of the application, by virtue of subsection ( 1), of the provisions of Part IX of the Veterans' Entitlements Act 1986 :

(a) a reference in those provisions to the Commission shall be read as including a reference to a Pensions Committee;

(b) a reference in those provisions to a pension shall be read as a reference to a pension under this Act;

(c) a reference in those provisions to a decision of a Pensions Committee (by virtue of the application of paragraph ( a) of this sub section) shall be read as including a reference to a determination of a Pensions Committee and an assessment made by a Pensions Committee;

(d) a reference in those provisions to section 135, or to a sub section of that section, of the Veterans' Entitlements Act 1986 shall be read as a reference to section 35 of this Act, or to the corresponding sub section of section 35 of this Act, as the case may be;

(e) a reference in those provisions to a review under section 31 of the Veterans' Entitlements Act 1986 shall be read as a reference to a review under section 55 of this Act;

(f) a reference in those provisions to an application under sub section 15(1) or (2) of the Veterans' Entitlements Act 1986 shall be read as a reference to an application under sub section 26AA(1) or (2) of this Act;

(g) a reference in those provisions to a decision of a kind referred to in paragraph 135(5)(a), (b), (c) or (d) of the Veterans' Entitlements Act 1986 shall be read as a reference to a decision :

(i) assessing a rate of pension or increased rate of pension;

(ii) refusing to grant a pension on the ground that the extent of the incapacity of the Australian mariner is insufficient to justify the grant of a pension;

(iii) refusing to increase the rate of a pension; or

(iv) reducing the rate of a pension;

(h) a reference in those provisions to Part IX of the Veterans' Entitlements Act 1986 shall be read as a reference to the provisions of Part IX of that Act that apply to an application under section 35 of this Act by virtue of subsection ( 1) of this section;

(j) a reference in those provisions to an application under Part IX of the Veterans' Entitlements Act 1986 shall be read as a reference to an application under section 35 of this Act; and

(k) a reference in those provisions to a veteran shall be read as a reference to an Australian mariner.

Section 40 :

Repeal the section, substitute the following section:

4 0 Application of certain provisions of Part X of the Veterans ' Entitlements Act

(1) Part X (other than sections 174, 175 and 176 and sub section 177(5)) of the Veterans' Entitlements Act 1986 applies to, and in relation to, an application under section 39 of this Act as if the application were an application under Part X of the Veterans' Entitlements Act 1986 .

(2) For the purpose of the application, by virtue of subsection ( 1), of the provisions of Part X of the Veterans' Entitlements Act 1986 :

(a) a reference in those provisions to a reviewable decision shall be read as a reference to a reviewable decision as defined by section 38 of this Act;

(b) a reference in those provisions to a pension shall be read as a reference to a pension under this Act;

(d) a reference in those provisions to an application made under sub section 175(1) of the Veterans' Entitlements Act 1986 shall be read as a reference to an application made under section 39 of this Act;

(e) a reference in those provisions to a claim in accordance with section 14 of the Veterans' Entitlements Act 1986 shall be read as a reference to a claim in accordance with sub section 26(1) of this Act;

(f) a reference in those provisions to an application in accordance with section 15 of the Veterans' Entitlements Act 1986 shall be read as a reference to an application in accordance with section 26AA of this Act; and

(g) a reference to a decision of a kind described in sub section 175(7) or (8) of the Veterans' Entitlements Act 1986 shall be read as a reference to a decision of a kind described in sub section 41(7) of this Act.

Section 41 :

Add at the end the following sub section:

(7) Notwithstanding sub section 43(1) of the Administrative Appeals Tribunal Act 1975 , where the Administrative Appeals Tribunal sets aside a decision under sub section 55(5A) to cancel or suspend, or reduce the rate of, a pension or a decision under sub section 55(5C) to increase the rate of a pension, being :

(a) a decision of the Commission or a Pensions Committee that has been affirmed by the Board; or

(b) a decision of the Board that was made in substitution for a decision of the Commission or a Pensions Committee ;

the Administrative Appeals Tribunal need not make another decision in substitution for the decision so set aside.

Sub sections 49(2) and (3) :

Omit the sub sections.

Sections 51, 52 and 53 :

Repeal the sections.

Sections 54 and 54A :

Repeal the sections, substitute the following section:

54 Payment of pensions

(1) Subject to subsection ( 2), a pension shall be paid to the pensioner.

(2) The Commission may, if it thinks it proper to do so in the circumstances of a particular case :

(a) approve payment of a pension to such person, other than the pensioner, and for such period, as the Commission, from time to time, determines, to be applied by that person for the benefit of the pensioner; or

(b) approve :

(i) payment to that pensioner of such part of the pension as the Commission, from time to time, determines; and

(ii) payment to such other person as the Commission so determines for such period as the Commission so determines of the balance of the pension to be applied by that other person for the benefit of the pensioner.

(3) Where a pension has been granted to a person, a payment of that pension made to another person in accordance with paragraph ( 2)(a), or a payment of a part of that pension made to another person in accordance with subparagraph ( 2) (b)(ii), shall, for all purposes, be deemed to be a payment of the pension or a payment of that part of the pension, as the case may be, to the pensioner, and neither the Commonwealth nor the Commission is bound to oversee the application of the payment by the person to whom it is paid.

(4) A pension shall be paid in such manner as the Commission determines.

(5) Where, by reason of a public holiday or a bank holiday, or for any other reason, an instalment of, or the amount of, a pension cannot be paid on the day on which it would normally be paid, the instalment or amount of the pension may be paid on an earlier day.

(6) In this section, pension means a pension, allowance or other pecuniary benefit payable under this Act or the Regulations, and includes an instalment of such a pension, allowance or other benefit.

Sub section 55(1) :

Omit the sub section, substitute the following sub section:

(1) Where :

(a) the time has not expired for making application to the Board under section 35 for a review of a decision of the Commission or a Pensions Committee with respect to :

(i) a claim for a pension in accordance with section 26; or

(ii) an application for an increased pension, or for a pension, in accordance with section 26AA; or

(b) an application has been duly made to the Board under section 35 for a review of such a decision of the Commission or a Pensions Committee but has not been determined by the Boar d;

the Commission may, in its discretion, review that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if it had been made by the Board, in substitution for the original decision, upon a review of the original decision.

Sub section 55(2) :

Insert " and, with the consent of the applicant, vary that decision " after " review that decision " .

Sub section 55(5) :

(a) Omit " or (2) " .

(b) Omit " or (2) (a) " .

After sub section 55(5) :

Insert the following sub sections:

(5A) Where the Commission is satisfied that :

(a) having regard to any matter that affects the payment of a pension, being a matter that was not before the Commission, a Pensions Committee, the Board or the Administrative Appeals Tribunal, as the case requires, where the decision to grant the pension or a decision to vary the rate of the pension, was made; or

(b) by reason of a refusal or failure of any person to comply with a provision of this Act ;

a pension should be cancelled or suspended, or the rate of a pension is higher than it should be, the Commission may, by determination in writing, cancel or suspend, or decrease the rate of, the pension with effect, subject to subsection ( 5B), from the date of the determination or such later date as is specified in the determination.

(5B) Where a determination is made under subsection ( 5A) :

(a) by reason of the refusal or failure of a person to comply with a provision of this Act other than :

(i) sub section 29(4) in relation to a notice under paragraph 29(1)(f); or

(ii) sub section 30(4); or

(b) by reason that an amount has been paid by way of pension that, but for the false statement or misrepresentation of any person, would not have been paid ;

a date earlier than the date of the determination may be specified in the determination as the date as from which the cancellation, suspension or decrease, as the case may be, is to take effect.

(5C) Where the Commission is satisfied that, having regard to any matter that affects the payment of a pension, the rate of the pension is less than it should be, the Commission may, by determination in writing, increase the rate of the pension with effect from the date of the determination, or such earlier date (not being a date more than 3 months before the date of the determination), or later date, as is specified in the determination.

Sub sections 55(7), (8), (9) and (10) :

Omit the sub sections, substitute the following sub sections:

(7) A decision of the Commission upon its review under this section of a decision in relation to a pension is not subject to review by the Board or the Administrative Appeals Tribunal unless the Commission cancels, suspends or varies the decision reviewed by the Commission.

(8) This section applies to and in relation to a decision made before the commencement of this sub section but does not apply to or in relation to a decision of the Board referred to in sub section 154(1) of the Veterans' Entitlements Act 1986 , in its application to pensions under this Act, that is binding on the Commission by reason that the period specified in that sub section has not expired.

Section 57A :

Omit " Repatriation Act 1920 " (wherever occurring), substitute " Veterans' Entitlements Act 1986 " .

Section 58 :

Repeal the section, substitute the following sections:

5 8 Offences

(1) A person shall not :

(a) make, either orally or in writing, a false or misleading statement :

(i) in connection with, or in support of, a claim or application made under this Act, or the Regulations, by that person or by another person for a pension, allowance or other benefit or for an increased pension, allowance or other benefit;

(ii) to deceive an officer doing duty in relation to this Act; or

(iii) to affect the rate of a pension, allowance or other pecuniary benefit payable under this Act or the Regulations;

(b) obtain a payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, that is not payable;

(c) obtain payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, by means of a false or misleading statement or of impersonation or a fraudulent device; or

(e) make or present to the Commission or an officer, a statement or document that is false in a material particular.

(2) A person shall not forge the signature of another person on a claim or application under this Act or the Regulations for a pension, allowance or other benefit, or for an increased pension, allowance or other pecuniary benefit, or on any other document connected with, or in support of, such a claim or application, or connected with payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or the provision of any other benefit under the Regulations.

Penalty: $1,000 or imprisonment for 6 months, or both.

(3) A person shall not sign his or her name on a document intended to be presented to an officer for the purposes of this Act or the Regulations as his or her signature to the document unless the document has been completely filled in so as to be ready to be presented to an officer without further addition.

Penalty: $1,000 or imprisonment for 6 months, or both.

" (4) A person to whom assistance by way of a gift or loan of goods has been granted under the Regulations for any purpose shall not, without having first obtained the consent of the Commission :

(a) use the goods for any other purpose; or

(b) sell or otherwise dispose of, or pledge, mortgage or deposit by way of security any of those goods.

Penalty: $1,000 or imprisonment for 6 months, or both.

(5) An offence against subsection ( 1) is an indictable offence and, subject to subsection ( 7), is punishable, on conviction, by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

(6) Notwithstanding that an offence against subsection ( 1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(7) Where, in accordance with subsection ( 6), a court of summary jurisdiction convicts a person of an offence against subsection ( 1), the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

58AA Multiple offences

(1) Charges against the same person for any number of offences against section 58, may be joined in one complaint or information if those charges are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character.

(2) Where 2 or more charges are included in the same complaint or information, particulars of each offence charged shall be set out in a separate paragraph.

(3) All charges so joined shall be tried together unless the court deems it just that any charge should be tried separately and makes an order to that effect.

(4) If a person is convicted of more than one offence against section 58, the court may, if it thinks fit, impose one penalty in respect of all the offences of which the person is convicted, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if penalties were imposed for each offence separately.

58AB Time for prosecuting offences

(1) Subject to subsection ( 2), proceedings for an offence against section 58 may be commenced at any time within 3 years after the commission of the offence.

(2) Proceedings for an offence against subsection ( 1) or (2) may be commenced at any time within 5 years after the commission of the offence.

(3) An offence against this Act shall not be prosecuted without the written consent of the Minister, the Secretary, the Director of Public Prosecutions or a person authorised in writing by the Secretary or the Director of Public Prosecutions to consent to prosecutions for offences against this Act.

58AC Order for repayment of pension, &c.

(1) Where :

(a) a person is convicted of an offence against sub section 58(1) or (2); or

(b) a person is charged before a court with an offence against sub section 58 (1) or (2) but the court, being satisfied that the charge has been proved, dismisses the charge or discharges the person without proceeding to a conviction, the court may (in the case of a person convicted of the offence, in addition to imposing a penalty in respect of the offence) order the person to repay to the Commonwealth an amount equal to the amount paid by way of pension, allowance or other pecuniary benefit under this Act or the Regulations in consequence of the act, failure or omission in respect of which the person was charged with the offence.

(2) For the purposes of subsection ( 1), a certificate, under the hand of the Secretary, that an amount specified in the certificate is the amount that has been paid to a person by way of pension, allowance or other pecuniary benefit in consequence of any act, failure or omission specified in the certificate is prima facie evidence of the matters specified in the certificate.

Paragraph 59(1)(e) :

Omit " Schedule 5 of the Repatriation Act 1920 " , substitute " section 27 of the Veterans' Entitlements Act 1986 " .

Schedule 1 :

Omit from the heading to column 1 " to widow on death of Australian mariner " , substitute " to a dependant of a deceased Australian mariner, being the widow of the mariner " .

Schedule 2 :

Repeal the Schedule, substitute the following Schedule:

S chedule 2 --Attendant allowance

Section 21

Column 1 Description of disability	Column 2 Rate per fortnight of Attendant allowance
	$
1. Blinded in both eyes	53.80
2. Blinded in both eyes together with total loss of speech or total deafness	107.60
3. Both arms amputated	107.60
4. Both legs amputated and one arm amputated	53.80
5. Both legs amputated at the hip or one leg amputated at the hip and the other leg amputated in the upper third	53.80

Schedules 3 and 4 :

Repeal the Schedules.

Social Security Act 1947

Sub section 6(1) (definition of income ) :

(a) Omit paragraph ( q), substitute the following paragraph:

" (q) a service pension, a wife ' s service pension or a carer ' s service pension under Part III of the Veterans' Entitlements Act 1986 ; " .

(b) Omit from subparagraph ( r)(ii) " member of the Forces " (wherever occurring), substitute " veteran " .

(d) Omit from paragraph ( s) " member " (second occurring), substitute " veteran " .

Sub section 6(1) (definition of member of the Forces ) :

Omit the definition.

Sub section 6(1) (definition of prescribed pension ) :

Omit paragraph ( e), substitute the following paragraph:

(e) a service pension, a wife ' s service pension or a carer ' s service pension under Part III of the Veterans' Entitlements Act 1986 ; or

After the definition of unmarried person in sub section 6(1) :

Insert the following definition:

"veteran" means a person who is a veteran for the purposes of any of the provisions of the Veterans' Entitlements Act 1986 .

Sub paragraph 6AC(10)(b) (i) :

Omit " a service pension under the Repatriation Act 1920 " , substitute " a service pension, a wife ' s service pension or a carer ' s service pension under Part III of the Veterans' Entitlements Act 1986 " .

Sub paragraph 6AC(10 ) (b(iii) :

Omit " section 123AB of the Repatriation Act 1920 " , substitute " section 82 of the Veterans' Entitlements Act 1986 " .

Sub paragraph 6AC(11)(b)(i) :

Sub paragraph 6AC(11)(b)(iii) :

Omit " section 123AB of the Repatriation Act 1920 " , substitute " section 82 of the Veterans' Entitlements Act 1986 " .

Sub section 6AC(13) :

After sub section 6A(3) :

Insert the following sub section:

(3A) The reference in paragraph ( 3)(b) to a service pension under the Repatriation Act 1920 that a person has continued to receive since 1 November 1984 shall, on and after the date of commencement of the Veterans' Entitlements Act 1986 , be read as a reference to such a pension that the person continued to receive during the period from and including 1 November 1984 to and including the day immediately before that date of commencement and that the person has continued to receive on and after that date of commencement as if that pension were a service pension, a wife ' s service pension or a carer ' s service pension, as the case requires, granted under Part III of the Veterans' Entitlements Act 1986 .

Paragraph 17D (1) (a) :

Omit " an allowance under section 98AA of the Repatriation Act 1920 " , substitute " remote area allowance under section 57 of the Veterans' Entitlements Act 1986 " .

Sub section 28 (1C) :

(a) Omit " service pension under the Repatriation Act 1920 " , substitute " service pension under Part III of the Veterans' Entitlements Act 1986 " .

(b) Omit " that sub section " , substitute " paragraph 47(3)(b) of that Act " .

Sub section 28 (1EA) :

Omit " , an allowance under Part VIII the annual rate of which is determined by reference to this Part or a service pension under the Repatriation Act 1920 " , substitute " or an allowance under Part VIII the annual rate of which is determined by reference to this Part " .

Sub section 28A(6) :

Omit " , or instalments of service pension s under the Repatriation Act 1920 ; " .

Paragraph 29(a) :

(a) Omit " a service pension under the Repatriation Act 1920 " , substitute " a service pension, a wife ' s service pension or a carer ' s service pension under the Veterans' Entitlements Act 1986 " .

(b) Omit " the Repatriation Act 1920 " (second occurring), substitute " the Veterans' Entitlements Act 1986 " .

Paragraph 29(b) :

Omit " the Repatriation Act 1920 " , substitute " the Veterans' Entitlements Act 1986 " .

Sub paragraph 30A(3C)(b)(ii) :

Omit the sub paragraph, substitute the following sub paragraph:

( ii) an allowance by way of rent assistance under section 55 of the Veterans' Entitlements Act 1986 ;

Sub section 30B(2) :

Omit " a service pension under the Repatriation Act 1920 - 1958 " , substitute " a service pension, a wife ' s service pension or a carer ' s service pension under Part III of the Veterans' Entitlements Act 1986 " .

Sub section 31(1) :

Omit " , an invalid pensioner or a service pensioner under the Repatriation Act 1920 " , substitute " or an invalid pensioner " .

Sub section 31(1A) :

Omit " or a service pensioner under the Repatriation Act 1920 " .

Sub paragraph 61B(1)(b)(ii) :

Omit the paragraph, substitute the following paragraph:

(ii) a wife ' s service pension under Part III of the Veterans' Entitlements Act 1986 ; and

Paragraph 64(a) :

Omit " the Repatriation Act 1920 " , substitute " the Veterans' Entitlements Act 1986 " .

Section 81 :

Repeal the section, substitute the following section:

81 Restrictions as to dual pensions

A woman is not entitled to receive, at the same time, a pension under this Part and under Part III.

Sub section 83AAA(1) (definition of supporting parent ) :

Omit from paragraph ( a) " , a service pension under the Repatriation Act 1920 " .

Sub section 83AF( 1) :

Paragraph 83B(3)(b) :

Omit " the Repatriation Act 1920 " , substitute " section 38 or 39 of the Veterans' Entitlements Act 1986 " .

Paragraph 83CA(1)(b) :

Omit " a service pension under the Repatriation Act 1920 " , substitute " a service pension or a wife ' s service pension under Part III of the Veterans' Entitlements Act 1986 " .

Sub section 83CA(6) (definition of income ) :

Omit from paragraph ( b) " Division 5 of Part III of the Repatriation Act 1920 " , substitute " Part III of the Veterans' Entitlements Act 1986 " .

Sub section 83D(1) :

Omit " the Repatriation Act 1920 " , substitute " Part VI of the Veterans' Entitlements Act 1986 " .

Sub section 105B(2) :

Omit " Table A in Schedule 3 to the Repatriation Act 1920 " , substitute " Part II or IV of the Veterans' Entitlements Act 1986 " .

Paragraph 106(1AA)(a) :

Omit " the Repatriation Act 1920 , the Repatriation (Far East Strategic Reserve) Act 1956 or the Repatriation (Special Overseas Service) Act 1962 " , substitute " the Veterans' Entitlements Act 1986 " .

Sub section 107(1) :

Omit " , a benefit under Part IVAAA or a service pension under the Repatriation Act 1920 " , substitute " or a benefit under Part IVAAA " .

Sub section 108(1) :

Omit " , an allowance under Part VIIA, or a service pension under the Repatriation Act 1920 " , substitute " or an allowance under Part VIIA " .

Sub paragraph 112A(3C)(b)(ii) :

Omit the sub paragraph, substitute the following sub paragraph:

(ii) an allowance by way of rent assistance under section 55 of the Veterans' Entitlements Act 1986 ;

Paragraph 124(1)(a) :

Omit " or a service pension under the Repatriation Act 1920 " .

Section 133P :

Repeal the section.

Sub section 133RB(3) :

Omit " under the scheme administered by the Commonwealth known as the gift car scheme " , substitute " under the Vehicle Assistance Scheme prepared in accordance with section 105 of the Veterans' Entitlements Act 1986 " .

Section 135BB :

Repeal the section.

Sub section 135TBA(1) (definition of war pension ) :

Omit the definition, substitute the following definition:

"war pension" means a pension under Part II or IV of the Veterans' Entitlements Act 1986 , an amount in respect of a pension and an allowance (not being attendant allowance) payable under the Veterans' Entitlements Act 1986 .

Sub paragraph 135TBA(10)(b)(i) :

Omit " specified in Schedule 2 to the Repatriation Act 1920 as the rate for special pensions " (twice occurring), substitute " specified in sub section 24(4) of the Veterans' Entitlements Act 1986 " .

Sub section 135U(1) (definition of pension ) :

(a) Omit paragraph ( d), substitute the following paragraph:

" (d) a service pension, a wife ' s service pension or a carer ' s service pension under Part III of the Veterans' Entitlements Act 1986 ; or " .

(b) Omit " section 98AA of the Repatriation Act 1920 " , substitute " section 57 of the Veterans' Entitlements Act 1986 " .

Sub section 135U(1) (definition of pensioner ) :

(a) Omit paragraph ( c), substitute the following paragraph:

" (c) a service pension, a wife ' s service pension or a carer ' s service pension under Part III of the Veterans' Entitlements Act 1986 ; " .

(b) Omit " paragraph 86(1)(ba) of the Repatriation Act 1920 " , substitute " paragraph 42(1)(c) of the Veterans' Entitlements Act 1986 " .

Sub section 135U(1) (definition of prescribed pensioner )

Paragraph 140(2)(b) :

Omit the paragraph, substitute the following paragraph:

(b) an amount has been paid by way of service pension, wife ' s service pension or carer ' s service pension under the Veterans' Entitlements Act 1986 that should not, by reason of sub section 42(1) of that Act, have been paid ;

War Gratuity Act 1945

Section 2 (definition of death due to war service ) :

Omit " war pension under the Australian Soldiers ' Repatriation Act 1920 - 1945 " , substitute " pension under Part II of the Veterans' Entitlements Act 1986 " .

Section 28 :

Omit " the Invalid and Old - age Pensions Act 1908 - 1945 , the Australian Soldiers ' Repatriation Act 1920 - 1945 or the Widows ' Pensions Act 1942 - 1944 " , substitute " the Social Security Act 1947 or the Veterans' Entitlements Act 1986 " .

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