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Veterans' Affairs Legislation Amendment (International Agreements and Other Measures) Bill 2008

Schedule 2 Australian Participants in British Nuclear Tests (Treatment) Act 2006

   

1  Subsection 4(1) (definition of nuclear test participant )

Omit “or (3)”, substitute “, (3) and (3A)”.

2  After subsection 5(3)

Insert:

          (3A)  A person is a nuclear test participant if the person:

                     (a)  was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and

                     (b)  was, at that time, either:

                              (i)  a Commonwealth Police Officer under the Commonwealth Police Act 1957 ; or

                             (ii)  a member of the Australian Federal Police under the Australian Federal Police Act 1979 ; and

                     (c)  was, at that time, an Australian resident.

          (3B)  Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.

Note:          Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.

3  Treatment before commencement but on or after 19 June 2006

(1)       The Repatriation Commission may approve, under subsection 13(1) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 , treatment for a person that was provided before the commencement of this Schedule but on or after 19 June 2006 if:

                     (a)  the person makes a claim under that Act within 6 months after that commencement for a determination that the person is an eligible person; and

                     (b)  the Commission determines under that Act that the person is an eligible person because of subsection 5(3A) of that Act (as amended by this Schedule).

(2)       This item has effect despite subsection 13(2) of that Act.

4  Expenses of travel before commencement but on or after 19 June 2006

(1)       This item applies to travel undertaken before the commencement of this Schedule but on or after 19 June 2006 for the purpose of:

                     (a)  obtaining treatment of a person who:

                              (i)  makes a claim under the Australian Participants in British Nuclear Tests (Treatment) Act 2006 within 6 months after that commencement for a determination that the person is an eligible person; and

                             (ii)  is determined by the Commission under that Act to be an eligible person because of subsection 5(3A) of that Act (as amended by this Schedule); or

                     (b)  accompanying a person described in paragraph (a) travelling for the purpose described in that paragraph as his or her attendant.

(2)       If a claim for a determination of entitlement to be paid travelling expenses in connection with the travel is made under that Act (disregarding subsection 21(2) of that Act) within 6 months after the commencement of this Schedule, the Repatriation Commission may:

                     (a)  approve or authorise the travel, for the purposes of section 19 of that Act; and

                     (b)  determine the claim under that Act.