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Veterans' Entitlements (Clarke Review) Bill 2004

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Veterans’ Entitlements (Clarke Review) Act 2004 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 14 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

30 June 2004

2.  Schedule 1

20 March 2004.

20 March 2004

3.  Schedule 2, items 1 to 14

20 September 2004.

20 September 2004

3A.  Schedule 2, item 15

The day on which this Act receives the Royal Assent.

30 June 2004

3B.  Schedule 2, items 16 to 18

20 September 2004.

20 September 2004

3C.  Schedule 2, items 19 and 20

The later of:

(a) the start of 20 September 2004; and

(b) immediately after the commencement of item 4 of Schedule 1 to the Veterans’ Entitlements Amendment (Direct Deductions and Other Measures) Act 2004 .

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

3D.  Schedule 2, items 21 to 44

20 September 2004.

20 September 2004

4.  Schedule 3, items 1 to 13

1 January 2005.

1 January 2005

5.  Schedule 3, item 14

The later of:

(a) 1 January 2005; and

(b) the commencement of item 45 of Schedule 1 to the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

6.  Schedule 4

1 July 2004.

1 July 2004

7.  Schedule 5

1 April 2004.

1 April 2004

8.  Schedule 6

At the same time as section 3 of the Military Rehabilitation and Compensation Act 2004 commences.

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

Part 2 Compensation payments for North Korean internment

   

4   Definitions

                   In this Part:

Commission means the Repatriation Commission referred to in the Veterans’ Entitlements Act 1986 .

compensation payment means a payment under this Part.

designated war period means the period beginning on 27 June 1950 and ending at the end of 19 April 1956.

eligible person means a person who is eligible for a compensation payment.

interned means:

                     (a)  confined in a camp, building, prison, cave or other place (including a vehicle); or

                     (b)  restricted to residing within specified limits.

North Korean military forces means air forces, naval forces, land forces or other military forces of North Korea (however described).

partner , in relation to a veteran, means:

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

                     (b)  a person who is a partner (within the meaning of the Veterans’ Entitlements Act 1986 ) of the veteran.

Secretary means the Secretary of the Department.

social security law means:

                     (a)  the Social Security Act 1991 ; and

                     (b)  the Social Security (Administration) Act 1999 ; and

                     (c)  any other Act that is expressed to form part of the social security law.

veteran means a person covered by section 6C of the Veterans’ Entitlements Act 1986 , in so far as that section relates to item 1 of the table in Schedule 2 to that Act.

5   Eligibility for compensation payment

Veteran

             (1)  A veteran is eligible for a compensation payment if the following conditions are satisfied:

                     (a)  the veteran was alive at the beginning of 1 July 2003;

                     (b)  the veteran was interned by North Korean military forces at any time during the designated war period.

Partner of deceased veteran

             (2)  A person is eligible for a compensation payment in respect of a deceased veteran if the following conditions are satisfied:

                     (a)  the person was alive at the beginning of 1 July 2003;

                     (b)  the veteran died before 1 July 2003;

                     (c)  the person was a partner of the veteran immediately before the veteran’s death;

                     (d)  the veteran was interned by North Korean military forces at any time during the designated war period.

One payment only

             (3)  A person is not entitled to more than one compensation payment.

6   Amount of compensation payment

                   A compensation payment is a one-off payment of $25,000.

7   Claims

             (1)  Claims for compensation payments must be made in accordance with procedures determined by the Secretary under subsection (2).

Note:          Compensation payments will be made automatically to those eligible persons the Department is aware of.

             (2)  The Secretary may, in writing, determine the procedures for making claims.

8   Determination of claims

             (1)  Claims are to be decided by the Commission.

             (2)  A person who is dissatisfied with the Commission’s decision on a claim may apply to the Administrative Appeals Tribunal for review of the decision.

9   Death of eligible person

                   If an eligible person dies or died before receiving a compensation payment, then the payment is to be made to the person’s estate.

Note:          A claim will still be required under section 7.

10   Application of certain provisions of the Veterans’ Entitlements Act 1986

                   The following provisions of the Veterans’ Entitlements Act 1986 apply as if this Part were part of that Act:

                     (a)  subsection 119(1) and sections 128, 208, 213 and 214;

                     (b)  any other provisions of that Act that are incidental to the provisions mentioned in paragraph (a).

11   Recovery of overpayments

                   Any overpayment under this Part may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

12   Exemption from income tax

                   Compensation payments are exempt from income tax.

13   Assets test

Veterans’ Entitlements Act 1986

             (1)  The value of a person’s assets for the purposes of the Veterans’ Entitlements Act 1986 is reduced by any compensation payment received by the person.

Social security law

             (2)  The value of a person’s assets for the purposes of the social security law is reduced by any compensation payment received by the person.

14   Appropriation of Consolidated Revenue Fund

                   The Consolidated Revenue Fund is appropriated for the purposes of compensation payments.