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VETERANS' ENTITLEMENTS BILL 1985
VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL 1985

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bills.

In the Committee

VETERANS' ENTITLEMENTS BILL 1985-

Consideration resumed of clause 35 and of the request moved thereto by Senator Macklin-That the House of Representatives be requested to make the following amendment: Page 40, sub-clause 35 (1), definition of ""allied veteran'', line 22, leave out "", before 1 September 1957,''.

Question-That the request be agreed to-put.

The Committee divided-

AYES, 33

Senators- Baume, Michael Baume, Peter Bjelke-Petersen Boswell Brownhill Chipp Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Haines Hamer Jessop Kilgariff Knowles Lewis Macklin Mason Messner Missen Puplick Rae, Peter Reid (Teller) Sanders Sheil Short Siddons Teague Townley Vanstone Vigor Walters Watson

NOES, 29

Senators- Aulich Black Bolkus Childs Coates Colston Cook Cooney Crowley Devlin Elstob Foreman Gietzelt Giles Grimes Jones McIntosh (Teller) McKiernan Maguire Morris Ray, Robert Reynolds Richardson Robertson Ryan Sibraa Tate Walsh Zakharov

Request agreed to accordingly.

Clause 35 agreed to, subject to a request.

Clause 36 read-

Senator Macklin moved-That the House of Representatives be requested to make the following amendment: Page 50, clause 36, at end of clause, add the following new word and paragraph:

""; or (j) if the person has been granted the Returned from Active Service Badge.''.

Debate ensued.

Question-That the request be agreed to-put and negatived.

Clause 36 agreed to.

Clauses 37 to 53, by leave, taken together, debated and agreed to.

Clause 54 debated.

Question-That the clause stand as printed-put.

The Committee divided-

AYES, 35

Senators- Aulich Black Bolkus Childs Chipp Coates Colston Cook Cooney Crowley Devlin Elstob Foreman Georges Gietzelt Giles Grimes Haines Jones McIntosh (Teller) McKiernan Macklin Maguire Mason Morris Ray, Robert Reynolds Richardson Ryan Sanders Sibraa Tate Vigor Walsh Zakharov

NOES, 28

Senators- Archer Baume, Michael Baume, Peter Bjelke-Petersen Boswell Brownhill Carrick, Sir John Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Jessop Kilgariff Knowles Lewis Messner Missen Puplick Rae, Peter Reid (Teller) Sheil Short Teague Townley Vanstone Walters Watson

Clause 54 agreed to accordingly.

Clauses 55 to 67, by leave, taken together and agreed to.

Clauses 68 and 69, by leave, taken together.

On the motion of Senator Macklin the following requests for amendments to the House of Representatives were, by leave, taken together, debated and agreed to:

Page 87, sub-clause 68 (1), definition of ""defence service'', sub-paragraph (a) (i), lines 35 and 36, leave out ""and before the commencement of this Act; or''.

Page 87, sub-clause 68 (1), definition of ""defence service'', sub-paragraph (a) (ii), lines 37 to 39, leave out the sub-paragraph.

Page 90, paragraph 69 (1) (a), lines 37 and 38, leave out ""and before the commencement of this Act; or''.

Page 91, paragraph 69 (1) (b), lines 1 and 2, leave out the paragraph.

Page 92, sub-clause 69 (2), lines 1 to 8, leave out the sub-clause.

Clauses 68 and 69 agreed to, subject to requests.

Clauses 70 to 80, by leave, taken together and agreed to.

Clause 81 debated and agreed to.

Clauses 82 and 83, by leave, taken together and agreed to.

Clauses 84, 105, 110, 116, 122, 127, 131, 134 and 208, by leave, taken together.

On the motion of Senator Lewis the following amendments were, by leave, taken together, debated and agreed to:

Page 111, sub-clause 84 (6), line 29, leave out ""determined'' (first occurring), insert ""prescribed''.

Page 111, sub-clause 84 (6), lines 31 and 32, leave out ""determined by the Commission, in writing'', insert ""prescribed''.

Page 111, sub-clause 84 (7), line 33, leave out ""The Commission may, by instrument in writing, determine'', insert ""The regulations may declare''.

Page 111, sub-clause 84 (7), line 34, leave out ""the instrument'', insert ""the regulations''.

Page 132, sub-clause 105 (1), lines 9 and 10, leave out ""The Commission may, by instrument in writing, prepare a scheme'', insert ""The regulations may prescribe a scheme''.

Page 132, sub-clauses 105 (2) and (3), lines 14 to 18, leave out the sub-clauses.

Page 133, sub-paragraphs 105 (6) (c) (i) and (ii), lines 3 to 8, leave out the sub-paragraphs, insert ""the Vehicle Assistance Scheme as in force from time to time.''.

Page 139, sub-clause 110 (1), line 32, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 139, sub-clause 110 (2), line 34, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 143, sub-clause 116 (1), lines 38 and 39, leave out ""The Commission may, from time to time, by instrument in writing, prepare a scheme'', insert ""The regulations may prescribe a scheme''.

Pages 143 and 144, sub-clauses 116 (2) and (3), line 41 (page 143) to line 3 (page 144), leave out the sub-clauses.

Page 144, sub-clause 116 (4), line 4, leave out ""the powers of the Commission under sub-section (1)'', insert ""the generality of sub-section (1)''.

Page 148, sub-clause 122 (4), lines 38 to 40, leave out the sub-clause, insert the following new sub-clause:

""(4) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Commission in respect of the payment of an amount under sub-section (1).''.

Page 152, after sub-clause 127 (1), insert the following new sub-clause:

""(1A) A person may be required under sub-section (1) to furnish information, produce a document, or appear before an officer, only at a reasonable time and place.''.

Page 153, sub-clause 131 (1), line 23, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 153, sub-clause 131 (2), line 36, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 153, sub-clause 131 (2), line 41, leave out ""as the Commission considers reasonable'', insert ""as are prescribed''.

Page 154, sub-clause 131 (3), line 1, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 154, sub-clause 131 (4), line 6, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 154, sub-clause 131 (4), lines 10 and 11, leave out ""as the Commission considers reasonable'', insert ""as are prescribed''.

Page 154, sub-clause 131 (5), line 12, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 154, sub-clause 131 (6), line 16, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 154, sub-clause 131 (6), lines 19 and 20, leave out ""as the Commission considers reasonable'', insert ""as are prescribed''.

Page 154, sub-clause 131 (7), line 21, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 154, sub-clause 131 (8), line 31, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 154, sub-clause 131 (8), lines 35 and 36, leave out ""as the Commission considers reasonable'', insert ""as are prescribed''.

Page 155, sub-clause 131 (9), line 10, leave out ""as the Commission determines'', insert ""as are prescribed''.

Page 156, after sub-clause 134 (1), insert the following new sub-clause:

""(1A) A person who is dissatisfied with a decision of the Commission in respect of the grant of-

(a) a clothing allowance under section 97;

(b) an attendant allowance under section 98;

(c) a benefit towards the funeral expenses of a veteran, a dependant of a deceased veteran, or a service pensioner under section 99, 100 or 101;

(d) a decoration allowance under section 102;

(e) a Victoria Cross allowance under section 103;

(f) a recreation transport allowance under section 104;

(g) special assistance or benefits under section 106;

(h) a temporary incapacity allowance under section 107; or

(j) a loss of earnings allowance under section 108;

may make application to the Board for a review of the decision of the Commission.''.

Page 200, paragraph 208 (1) (a), line 42, before ""make'', insert ""knowingly''.

Page 201, paragraph 208 (1) (b), line 10, leave out ""that is not payable'', insert ""knowing that that pension, allowance, benefit or instalment is not payable''.

Page 201, paragraph 208 (1) (e), before, ""make'' insert ""knowingly''.

Clauses 84, 105, 110, 116, 122, 127, 131, 134 and 208, as amended, agreed to.

Clauses 85 to 101, by leave, taken together and agreed to.

Clause 102 read-

On the motion of Senator Macklin the following amendment was debated and agreed to:

Page 130, after paragraph 102 (5) (c), add the following new paragraphs:

""(d) the Cross of Valour; and

(e) the Star of Courage.''.

Clause 102, as amended, agreed to.

Clauses 103 and 104, by leave, taken together and agreed to.

Clauses 106 to 109, by leave, taken together and agreed to.

Clauses 111 to 115 and 117 and 118, by leave, taken together and agreed to.

Clause 119 read-

On the motion of Senator Lewis the following amendment was debated and agreed to:

Page 147, after sub-clause 119 (7), add the following new sub-clauses:

""(8) Where a claim for a pension or an application for a review of a decision relating to a claim for a pension was made before 15 May 1985, this Act shall have effect in respect of that claim or that application as if section 47 of the Repatriation Act 1920, as in force on 5 June 1985, were substituted for this section.

""(9) Where a claim for a pension or an application for review of a decision relating to a claim for a pension was determined after 15 May 1985 and before the commencement of this Act, that claim or that application shall be deemed not to have been determined and to have been made after the commencement of this Act.

""(10) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under sub-section (7) determining service to be hazardous service.''.

Clause 119, as amended, agreed to.

Clauses 120 and 121, 123 to 126, 128 to 130, 132 and 133, and 135 and 136, by leave, taken together and agreed to.

Clause 137 read-

Senator Macklin moved an amendment, viz: Page 160, paragraph 137 (2) (b), at end of paragraph, add ""or as the Board requires for its purposes''.

Debate ensued.

Question-That the words proposed to be added be added-put and negatived.

Clause 137 agreed to.

Clauses 138 to 172, by leave, taken together and agreed to.

On the motion of Senator Macklin the following amendment was debated and agreed to:

Page 174, after clause 172, insert the following new clause:

Annual report

""172A. (1) As soon as practicable after each 30 June, the Board shall provide to the Minister a report upon its operations during the year ending on that date.

""(2) The Minister shall cause a report provided under sub-section (1) to be laid before each House of the Parliament as soon as possible after the receipt of the report by the Minister.''.

Clauses 173 to 205, by leave, taken together and agreed to.

Clause 206 read-

On the motion of Senator Lewis the following amendment was agreed to:

Page 199, clause 206, at end of clause, add the following new sub-clauses:

""(5) Sub-sections (2) and (3) shall not be taken to provide a defence in a relevant action in respect of negligence by the Commonwealth, the Commission, the Society, a medical practitioner or a person acting on behalf of a medical practitioner.

""(6) This section, unless sooner repealed, shall cease to have effect on 31 December 1986.''.

Clause 206, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

Clause 6 and the request that the House of Representatives amend the clause, by leave, reconsidered.

Request, by leave, withdrawn.

Clause 6 agreed to.

Bill agreed to with amendments and requests.

VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL 1985-

Bill, by leave, taken as a whole.

Senator Macklin, by leave, moved the following amendments together:

Page 34, sub-clause 42 (1), line 9, leave out ""Subject to sub-section (3),''.

Page 34, sub-clause 42 (2), line 14, leave out ""Subject to sub-section (3),''.

Page 34, sub-clauses 42 (3) and (4), lines 19 to 40, leave out the sub-clauses.

Page 35, sub-clause 43 (1), line 3, leave out ""Subject to sub-section (2),''.

Page 35, sub-clause 43 (2), lines 10 to 16, leave out the sub-clause.

Page 35, sub-clause 44 (1), line 19, leave out ""Subject to sub-section (2),''.

Page 35, sub-clause 44 (2), lines 25 to 33, leave out the sub-clause.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Bill agreed to without amendment.

Veterans' Entitlements Bill 1985 to be reported with amendments and requests and the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Bill 1985 to be reported without amendment.

The Deputy-President resumed the Chair; and the Temporary Chairman of Committees (Senator Jones) reported accordingly.

On the motion of Senator Gietzelt the Report from the Committee was adopted and the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Bill 1985 read a third time.