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Veterans’ Affairs Legislation Amendment Bill 2012

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2010-2011-2012

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

VETERANS’ AFFAIRS LEGISLATION AMENDMENT BILL 2012

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Veterans’ Affairs,

The Honourable Warren Snowdon MP)



 

Table of Contents

 

 

Outline and Financial Impact …………………………………………………….             ii

 

Statement of Compatibility with Human Rights   ……………………………….             iii

           

1                     Short Title  ..........................................................................................           v

2                     Commencement  .................................................................................           v

3                     Schedule(s)   ........................................................................................          v

 

Schedule 1 -    Amendments   …..………………………………………………….            1                                                                                                          

 

                                                                                                                                               

 



 

VETERANS’ AFFAIRS LEGISLATON AMENDMENT BILL 2012

 

OUTLINE AND FINANCIAL IMPACT

The Bill amends Veterans’ Affairs and other portfolio legislation to give effect to a number of minor measures and amendments that will:

 

·          clarify arrangements for the payment of travel expenses for treatment under the Veterans’ Entitlements Act and the Australian Participants in British Nuclear Tests (Treatment) Act;

 

·          provide for the more timely provision of special assistance by way of a legislative instrument in place of the current arrangement requiring a regulation;

 

·          ensure that the debt recovery provisions will be applicable to all relevant provisions of the Veterans’ Entitlements Act, the regulations and any legislative instrument made under the Veterans’ Entitlements Act;

 

·          make technical amendments to provisions in the Military Rehabilitation and Compensation Act that refer to legislative instruments;

 

·          amend the Military Rehabilitation and Compensation Act to replace obsolete references to pharmaceutical allowance and telephone allowance with references to the MRCA supplement;

 

·          rationalise the maintenance income provisions of the Veterans’ Entitlements Act by repealing the redundant definitions and operative provisions and aligning the remaining definitions with those used in the Social Security Act;

 

·          exempt as income for the purposes of the social security income test, bereavement payments in respect of indigent veterans or members;

 

·          exempt from income tax, reimbursements made under the Repatriation Pharmaceutical Benefits Scheme and the MRCA Pharmaceutical Benefits Scheme, including payments under the new Veterans’ Pharmaceutical Reimbursement Scheme; and

 

·          make minor technical amendments.

 

Financial Impact

 

The amendments have no financial impact.     

 



 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Veterans’ Affairs Legislation Amendment Bill 2012

 

This Bill is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

 

Schedule 1 of the Bill makes a number of minor and technical  amendments to Veterans’ Affairs portfolio legislation and to other Acts that impact on veterans’ entitlements.

 

Most of the amendments are technical amendments which do not engage any of the applicable rights or freedoms.

 

However, the Bill does include some minor amendments which do engage the applicable rights and freedoms.  The relevant measures include:

 

·          amendments which clarify the arrangements for the payment of travel expenses for persons receiving treatment under the Veterans’ Entitlements Actand the Australian Participants in British Nuclear Tests (Treatment) Act; and

·          amendments to exempt as income for the purposes of the social security income test, bereavement payments in respect of indigent veterans or members.

 

Human rights implications

 

The Bill engages the following human rights:

 

Right to health

 

Article 12 of the International Covenant on Economic, Cultural and Social Rights recognises “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.

 

The amendments to clarify the arrangements for the payment of travel expenses for persons receiving treatment under the Veterans’ Entitlements Act and the Australian Participants in British Nuclear Tests (Treatment) Act ensure that eligible persons will be able to access the health services provided under the Acts.

 

Right to social security

 

Article 9 of the International Covenant on Economic, Cultural and Social Rights recognises the right of everyone to social security. 

 

 

 

The Bill will promote the right to social security by making certain bereavement payments exempt lump sums, thereby ensuring that they are not assessed as income for the purposes of the social security income test, enabling the recipients of the bereavement payment to retain the full financial value of the payments. 

 

Conclusion

 

The Bill is compatible with human rights as the measures which engage human rights do so on the basis that the rights are advanced. 

 

 



 

Veterans’ Affairs Legislation Amendment Bill 2012

 

 

Short Title                  Clause 1 sets out how the Act is to be cited.

 

 

Commencement            Clause 2 provides a table that sets out the commencement dates of the provisions of this Act .

 

 

Schedules                    Clause 3 provides that each Act that is specified in Schedule 1 to this Act is amended or repealed as set out in the applicable items in Schedule 1 and any other item in Schedule 1 to this Act has effect according to its terms.

 

This explanatory memorandum uses the following abbreviations:

 

‘Acts Interpretation Act’ means the Acts Interpretation Act 1901 ;

 

‘Australian Participants in British Nuclear Tests (Treatment) Act’ means the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ;

 

‘Defence Service Homes Act” means the Defence Service Homes Act 1918 ;

 

‘Family Assistance Act’ means the A New Tax System (Family Assistance) Act 1999 ;

 

‘Income Tax Assessment Act’ means the Income Tax Assessment Act 1997 ;

 

‘Military Rehabilitation and Compensation Act’ means the Military Rehabilitation and Compensation Act 2004 ;

 

‘Social Security Act’ means the Social Security Act 1991 ;

 

‘Social Security (Administration) Act’ means the Social Security (Administration) Act 1999 ; and

 

‘Veterans’ Entitlements Act’ means the Veterans’ Entitlements Act 1986 .

 

 



Schedule 1 - Amendments

 

Overview

 

The Bill amends Veterans’ Affairs and other portfolio legislation to give effect to a number of minor measures and amendments that will:

 

·          clarify arrangements for the payment of travel expenses for treatment under the Veterans’ Entitlements Act and the Australian Participants in British Nuclear Tests (Treatment) Act;

·          provide for the more timely provision of special assistance by way of a legislative instrument in place of the current arrangement requiring a regulation;

·          ensure that the debt recovery provisions will be applicable to all relevant provisions of the Veterans’ Entitlements Act, the regulations and any legislative instrument made under the Veterans’ Entitlements Act;

 

·          make technical amendments to provisions in the Military Rehabilitation and Compensation Act that refer to legislative instruments;

·          amend the Military Rehabilitation and Compensation Act to replace obsolete references to pharmaceutical allowance and telephone allowance with references to the MRCA supplement;

·          rationalise the maintenance income provisions of the Veterans’ Entitlements Act by repealing the redundant definitions and operative provisions and aligning the remaining definitions with those used in the Social Security Act;

·          exempt as income for the purposes of the social security income test, bereavement payments in respect of indigent veterans or members;

·          exempt from income tax, reimbursements made under the Repatriation Pharmaceutical Benefits Scheme and the MRCA Pharmaceutical Benefits Scheme, including payments under the new Veterans’ Pharmaceutical Reimbursement Scheme; and

 

·          make minor technical amendments.

 

Explanation of the  items

 

Australian Participants in British Nuclear Tests (Treatment) Act 2006

 

The Australian Participants in British Nuclear Tests (Treatment) Act provides for eligible nuclear test participants to receive treatment and testing for cancer. 

 

Item 1 is a technical amendment to subsection 19(2) to clarify the payment of the travelling expenses incurred by the attendant by replacing the reference to “the person” with a reference to “the attendant”. 

 

Item 2 amends section 19 which provides for the payment of travel expenses  to eligible persons for the expenses incurred by the person and his or her attendant where the travel is necessary in order to obtain treatment.

 

New subsection 19(2A) clarifies the administrative arrangements for the approval or authorisation of travel undertaken by an eligible person or his or her attendant.  The new subsection provides that Repatriation Commission approval or authorisation for the travel may be given before or after the travel has been undertaken.

 

Item 3 is a technical amendment to section 20 which provides for the payment of travel expenses in advance.

 

Paragraph 20(1)(a) is amended to replace the incorrect reference to the person being entitled to the payment of travel expenses under section 20 with the correct reference to the person being eligible for the payment under “section 19”.

 

Defence Service Homes Act 1918

 

Item 4 amends paragraph (gb) of the definition of “Australian Soldier” in subsection 4(1) of the Defence Service Homes Act by including a reference to the operational area referred to in Item 15 of Schedule 2 of the Veterans’ Entitlements Act.

 

The reference in Item 15 of Schedule 2 of the Veterans’ Entitlements Act  is to service in an area of the Red Sea north of parallel 20 degrees north latitude during the period from and including 13 January 1993 to and including 19 January 1993 on board HMAS Canberra as part of Operation DAMASK VI.

 

A veteran or Defence Force member defined as being an “Australian Soldier” will be eligible for benefits under the Defence Service Homes Act.

 

Item 5 inserts an application provision to be applied to the amendments made by Item 4 of this Schedule.

 

The amendments will apply for the purposes of determining the eligibility of the person for benefits under the Defence Service Homes Act on or after the commencement of the amendment made under Item 4 .

 

Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012

 

Item 6 is a technical amendment which corrects a misdescribed amendment made by Item 21 of Schedule 1 of the above Act.

 

The amendment was intended to insert new paragraph 5H(8)(zzh) into the Veterans’ Entitlements Act to follow paragraph 5H(8)(zzg).  The new paragraph refers to payments made under a scheme determined under the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012.

 

The amendment was not correctly described and resulted in the paragraph being inserted after the Note to subsection 5H(8) and not before the Note as was intended.

Income Tax Assessment Act 1997

 

Item 7 inserts references to the reimbursement of pharmaceutical costs under the Military Rehabilitation and Compensation Act and the reimbursement of treatment costs for Australian participants in British nuclear tests to the table in section 11-15.

 

Items 8 and 9 amend section 52-65 of the Income Tax Assessment Act. Section 52-65 sets out how much of a veterans’ affairs payment is tax exempt.

 

Subsection 52-65(1) is amended to insert new paragraph (f) to include a reference to new subsection 52-65(1J).

 

New subsection 52-65(1J) provides that reimbursements made under the Repatriation Pharmaceutical Benefits Scheme will be exempt from income tax.  This includes reimbursements made under the Veterans’ Pharmaceutical Reimbursement Scheme.

 

The Veterans’ Pharmaceutical Reimbursement Scheme is set out in Part 5A of the Repatriation Pharmaceutical Benefits Scheme and provides for the reimbursement of out of pocket expenses incurred by veterans in obtaining pharmaceutical benefits.  To be eligible, the veteran must have qualifying service.

 

The Repatriation Pharmaceutical Benefits Scheme is set out in a legislative instrument prepared under section 91 of the Veterans’ Entitlements Act.

 

Item 10 amends section 52-75 of the Income Tax Assessment Act.  Section 52-75  has a table that lists the provisions of the Veterans’ Entitlements Act under which veterans’ affairs payments are made that are wholly or partly exempt from income tax.

 

The table in section 52-75 is amended by inserting new item 13A referring to reimbursements made under the Repatriation Pharmaceutical Benefits Scheme as being made under the scheme provided under section 91 of the Veterans’ Entitlements Act.

 

Item 11 amends section 52-114 of the Income Tax Assessment Act. Section 52-114 has a table that tells you about the income tax treatment of payments made under the Military Rehabilitation and Compensation Act.

 

The table in section 52-114 is amended by inserting new item 20 referring to reimbursements made under the MRCA Pharmaceutical Benefits Scheme as being made under the scheme provided under section 286 of the Military Rehabilitation and Compensation Act. 

 

New item 20 provides that reimbursements made under the MRCA Pharmaceutical Benefits Scheme will be tax exempt.  This includes reimbursements made under the Veterans’ Pharmaceutical Reimbursement Scheme.

 

 

 

The Veterans’ Pharmaceutical Reimbursement Scheme is set out in Part 5A of the MRCA Pharmaceutical Benefits Scheme and provides for the reimbursement of the out of pocket expenses incurred by certain Defence Force members or former members in obtaining pharmaceutical benefits.  To be eligible, the member or former member must have warlike service. 

 

The MRCA Pharmaceutical Benefits Scheme is set out in a legislative instrument prepared under paragraph 286(1)(c) of the Military Rehabilitation and Compensation Act.

 

Item 12 inserts new section 52-116 of the Income Tax Assessment Act.

 

New section 52-116 is inserted into Subdivision 52-CB of the Income Tax Assessment Act which provides for the tax e xemption of payments made under the Australian Participants in British Nuclear Tests (Treatment) Act .

 

New section 52-116 provides that treatment costs that have been reimbursed under subsection 13(4) of the Australian Participants in British Nuclear Tests (Treatment) Act are exempt from income tax.

 

Item 13 provides that the amendments made by Items 8 to 12 will be applicable to reimbursements of pharmaceutical and treatment costs that occur on or after the commencement of those items.

 

Military Rehabilitation and Compensation Act 2004

 

Norfolk Island

 

The definition of “Australia” in section 2B of the Acts Interpretation Act means “the Commonwealth of Australia and, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.”

 

The Military Rehabilitation and Compensation Act does not currently contain a definition of “Australia” so any reference to it would apply the definition in section 2B of the Acts Interpretation Act which excludes Norfolk Island. 

 

The Clean Energy (Household Assistance Amendments) Act 2011 inserted new Part 5A into Chapter 11 of the Military Rehabilitation and Compensation Act to provide for clean energy payments.  Broadly, to be eligible for a clean energy payment, a person must be in “Australia” and eligible for certain payments or benefits that are payable under the Military Rehabilitation and Compensation Act.  It was not intended to exclude Norfolk Island residents from being eligible for clean energy payments. 

 

Item 14 inserts a definition of “Australia” in subsection 5(1) which includes the external Territories (including Norfolk Island) for the purposes of Part 5A of Chapter 11 (which provides for clean energy payments).

 

 

The definition also clarifies the definition of the term for the rest of the Act by applying the definition set out in section 2B of the Acts Interpretation Act.

 

Legislative instruments

 

The Legislative Instruments Act 2003 was introduced to set up a consistent system for the registering, tabling, scrutinising and sunsetting of all Commonwealth legislative instruments.

 

The Act substantially re-enacted those parts of Part XII and section 46A of the Acts Interpretation Act that relate to regulations and disallowable instruments and extended the operation of the Part to all legislative instruments.

 

The Legislative Instruments Act 2003 provides a comprehensive regime for Parliamentary scrutiny (via tabling and disallowance mechanisms) of legislative instruments.  In regard to tabling, all registered legislative instruments are tabled under a consistent regime.

 

These amendments to the Military Rehabilitation and Compensation Act are consequential amendments as a result of the enactment of the Legislative Instruments Act 2003 .

 

The amendments made by Items 15, 16, 18, 19, 20, 21, 23,  25, 26, 28, 29, 30, 31   and 33 include amendments which either specify in the references to written determinations and other documents that such documents are legislative instruments or are amendments which omit references to documents as being disallowable instruments under section 46A of the Acts Interpretation Act.

 

MRCA Supplement

 

The MRCA Supplement became payable from the 20 September 2009 as part of the Pension Reform package.

 

The MRCA Supplement replaced the telephone and pharmaceutical allowances that were payable under the Military Rehabilitation and Compensation Act prior to that date .

 

While the package included some consequential amendments there are remaining references in sections 65, 211 and 232 that refer to an allowance being payable under the Military Rehabilitation and Compensation Act for a “home phone”.

 

There is also a reference in section 288 to the payment of an allowance for “pharmaceutical benefits”.

 

Items 17, 22, 24 and 27 amend sections 65, 211, 232 and 288 respectively to replace the provisions that include references to telephone and pharmaceutical allowances with provisions that include references to payments of the “MRCA Supplement”.

 

 

 

Special Assistance

 

Section 424 provides the Military Rehabilitation and Compensation Commission with the flexibility to extend special assistance or benefits to persons that would not otherwise be available under the Military Rehabilitation and Compensation Act. 

Under the existing legislation, special assistance is to be provided by regulation. 

 

Item 32 amends subsection 424(1) to enable the circumstances and conditions for the provision of special assistance to be prescribed in a legislative instrument made by the Military Rehabilitation and Compensation Commission for the purposes of subsection 424(1). 

 

The use of a legislative instrument instead of regulations for the provision of special assistance will enable special assistance to be provided in a more timely manner.

 

Social Security Act 1991

 

Exempt income

 

Item 34 amends subparagraph 8(8)(y)(viii) of the Social Security Act by inserting a reference to section 98AA of the Veterans’ Entitlements Act.

 

Subsection 8(8) lists those amounts that are to be treated as exempt income for the purposes of the income test under the Social Security Act.

 

Section 98AA provides for the payment of a bereavement payment to the estate of certain deceased veterans who have died in indigent circumstances while in the receipt of a  disability pension under the Veterans’ Entitlements Act  that is payable at a rate above the general rate.

 

The bereavement payment is intended to assist the deceased veteran’s or member’s family with the cost of funeral expenses.

 

References to “Part IIIA” of the Veterans’ Entitlements Act

 

Items 35 to 44 are minor amendments to various  provisions of the Social Security Act to include a reference to “Part IIIA” of the Veterans’ Entitlements Act.

 

The payment of the Income Support Supplement under Part IIIA of the Veterans’ Entitlements Act was implemented by amendments included in the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994   with the payment commencing from 20 March 1995.

 

Consequential amendments to the Social Security Act were made by subsequent Acts to insert appropriate references to the receipt of an “income support supplement”.  However, further consequential amendments to insert the appropriate references to that payment being payable under “Part IIIA” are required.

 

 

 

Veterans’ Entitlements Act 1986

 

Maintenance income

 

Section 5K contains the definitions relevant to the treatment under the Veterans’ Entitlements Act of “maintenance income” in all of the various forms in which it is received.

The definitions were mostly relevant to the now repealed income test that applied where additional income support was payable to persons with dependant children.

 

The only terms that continue to be relevant for the purposes of the Veterans’ Entitlements Act are “disability expenses maintenance”, “maintenance” and “maintenance income”.

 

The Social Security Act has the equivalent of section 5K in section 10 of the Act. Section 10 was repealed and substituted with the section now referring to the Family Assistance Act as the source of the definitions of  the terms “disability expenses maintenance”, “maintenance” and “maintenance income”.

 

Item 60 repeals and substitutes section 5K with the new section also referring to the Family Assistance Act as the source of the definitions of the same terms.

 

Items 45 to 49 and 51 to 54 are consequential amendments to the section 5 (index of definitions)  that repeal or amend references to the definitions related to “maintenance” that were located in the repealed section 5K or are now located in new section 5K.

 

Item 57 is a consequential amendment to note 1 to the definition of “ordinary income” in subsection 5H(1) to replace a reference to the location of the definition of “maintenance income” as being in section 5K and not in repealed subsection 5K(1).

 

Item 63 repeals Division 10 of Part IIIB containing sections 51 and 51A which had provided for the apportionment of “capitalised maintenance income” and the treatment of “in-kind housing maintenance”.

 

Both those terms are no longer relevant as they applied only for the purposes of providing additional income support for dependant children.

 

Items 58 and 59 are consequential amendments to provide for the relocation of the definition of the term “periodic amount” from repealed subsection 5K(1A) to new subsection 5H(13).

 

Attendant Allowance

 

Section 98 provides for the payment of an attendant allowance to an eligible veteran to assist with the cost of an attendant to help with such things as feeding, washing, dressing and other activities of daily living.

 

Item 65 amends subsection 98(4B).  Subsection 98(4B) precludes the payment of an attendant allowance where the carer of the veteran is in receipt of a carer payment under Part 2.5 of the Social Security Act.

 

Subsection 98(4B) also provides that the attendant allowance will not be payable if the carer had been receiving a carer payment before the payment was cancelled or suspended under the social security law or had been reduced to nil under the overpayment and debt recovery provisions.

 

Paragraph 98(4B)(b) is repealed and substituted.  The repealed paragraph had referred to the redundant suspension, cancellation and debt and overpayment recovery provisions in the Social Security Act.

 

New paragraph 98(4B)(b) provides that attendant allowance will not be payable where carer payment under Part 2.5 of the Social Security Act would be payable to the carer of the veteran apart from that payment being suspended under the social security law or reduced to nil because of action taken under the overpayment and debt recovery provisions of Chapter 5 of the Social Security Act.

 

 Special Assistance

 

Section 106 provides the Repatriation Commission with the flexibility to extend special assistance or benefits to persons that would not otherwise be available under the Veterans’ Entitlements Act. 

 

Under the existing legislation, special assistance is to be provided by regulation. 

 

Item 66 amends subsection 106(1) by the substitution of the reference to the provision of special assistance being “prescribed” with a reference to the assistance being “specified in a legislative instrument” made by the Repatriation Commission for the purposes of subsection 106(1).

 

The use of a legislative instrument instead of regulations for the provision of special assistance will enable special assistance to be provided in a more timely manner.

 

Travelling expenses

 

Section 110 of the Veterans’ Entitlements Act  provides for the payment of travel expenses  to eligible persons for the expenses incurred by the person and his or her attendant where the travel is necessary in order to obtain treatment.

 

Item 68 inserts new subsection 110(2A) which clarifies the administrative arrangements for the approval or authorisation of travel undertaken by an eligible person or his or her attendant.

 

The new subsection 110(2A) provides that Repatriation Commission may give approval under subsection 110(1) or authorisation under paragraph 110(2)(b) before or after the travel has been undertaken.

 

Items 67 and 69 are technical amendments to replace the obsolete spelling of “authorizes” with “authorises” in paragraph 110(2)(b) and subsection 110(4).

 

Debt recovery

 

Section 205 of the Veterans’ Entitlements Act is a general application provision for the recovery of overpayments and debts from any payment made under the Act.

 

The overpayments can arise as a consequence of a false statement or an omission or on the basis that a payment was not lawfully payable or not authorised.

In addition to overpayments and debts incurred under the Veterans’ Entitlements Act, the section lists overpayments made under other Acts or schemes that may be recovered by deductions from payments made under the Act.

 

Paragraph 205(1)(a) refers to the consequences “of a false statement or representation, or of a failure or omission to comply with a provision of this Act or of the Regulations”.

 

Item 70 amends paragraph 205(1)(a) by replacing the reference to “a provision of this Act or of the Regulations” with a reference to “this Act, the regulations or another legislative instrument under this Act”.

 

The amendment will ensure that section 205 will be applicable in all possible circumstances to all of the provisions of the Veterans’ Entitlements Act, the regulations and any legislative instrument made under the Veterans’ Entitlements Act.

 

Minor and technical amendments

 

Item 50 corrects the section 5 (index of definitions) listing for the locations of the definition of “investment” to refer to subsections “5J(1), (6), (6A) and (6B)”.

 

Item 61 inserts a reference to “Part IIIE” in the expanded definition of “Australia” in subsection 5Q(1).  The amended reference clarifies the intention of providing for clean energy payments under Part IIIE to be payable to residents of Norfolk Island.

 

Item 62 inserts a definition of the term “social security law” into subsection 5Q(1).  The term is formally defined for the purposes of the Veterans’ Entitlements Act as meaning the Social Security Act, the Social Security (Administration) Act 1999 and any other Act that is expressed to form part of the social security law.

 

Item 64 is a technical amendment to clarify the operation of subsection 86(5). Subsection 86(5) sets out the circumstances in which a dependant of a deceased veteran or Defence Force member who requires urgent treatment for an injury suffered, or disease contracted will be eligible under the Veterans’ Entitlements Act for treatment in a hospital.

 

Item 71 amends the Rent Assistance Module of the Rate Calculator in Schedule 6.  A technical amendment to step 6 of the method statement in point SCH6-C13 replaces the reference to ‘0.4’ with a reference to ‘0.5’.

 

Application and saving provisions

 

Item 72 contains the application and saving provisions applicable to the amendments made by Items 65, 66 and 70.

 

Subitem 72(1) provides that the amendment made to paragraph 98(4B)(b) by  Item 65 will be applicable to working out if an attendant allowance is payable to a veteran in respect of days that occur on or after the commencement of the amendment.

 

Subitem 72(2) is a savings provision that ensures that those existing regulations that are in force for the purposes of subsection 106(1) immediately before the commencement of Item 66 will continue to have effect as if they were a legislative instrument made by the Repatriation Commission under subsection 106(1).

 

Subitem 72(3) provides that the amendment to paragraph 205(1)(a) by Item 70 will be applicable in relation to failures or omissions that occur on or after the commencement of the amendment.

 

War Precautions Act Repeal Act 1920

 

The War Precautions Act Repeal Act 1920 provides for the Protection of Word ‘Anzac’ Regulations, but contains no other operative provisions.  These amendments will repeal the remaining inoperative provisions and change the name of the Act to the ‘Protection of Word ‘Anzac’ Act 1920’.  This will mean that the authority for the Regulations is more readily identifiable.

 

Item 73 changes the long title of the Act to ‘provide for the protection of the word ‘Anzac’, and for related purposes’. 

 

Item 74 changes the short title of the Act to the ‘Protection of Word ‘Anzac’ Act 1920’.

 

Items , 75, 76, 77 and 78   repeal section 2, sections 11 to 13 and some headings that remained in the Act.  These provisions are no longer required.