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Schedule 3—International agreements

Schedule 3 International agreements

Part 1 Main amendments

Australian Participants in British Nuclear Tests (Treatment) Act 2006

1  At the end of subsection 7(1)

Add:

Note:          Under section 203 of the Veterans’ Entitlements Act 1986 , the Minister may enter into an agreement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.

Military Rehabilitation and Compensation Act 2004

2  At the end of section 3

Add:

Note:          Under section 203 of the Veterans’ Entitlements Act 1986 , the Minister may enter into an agreement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.

Veterans’ Entitlements Act 1986

3  Paragraph 199(f)

Omit “Arrangements with Governments of other countries”, substitute “International agreements”.

4  Section 203

Repeal the section, substitute:

203   International agreements

             (1)  The Minister may, on behalf of the Commonwealth, enter into an agreement with a foreign country, being an agreement:

                     (a)  that relates to reciprocity in veterans’ affairs matters; and

                     (b)  that makes provision for and in relation to the making of payments, or the provision of treatment or rehabilitation, to or in relation to classes of persons specified in the agreement.

             (2)  Without limiting subsection (1), the agreement may make provision for and in relation to the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under any of the following:

                     (a)  this Act;

                     (b)  the Military Rehabilitation and Compensation Act 2004 ;

                     (c)  the Australian Participants in British Nuclear Tests (Treatment) Act 2006 .

Provisions of agreement have full effect

             (3)  The provisions of an agreement that is in force under this section have effect despite anything in any of the Acts referred to in subsection (2).

Administration of agreement

             (4)  The Commission, or the Military Rehabilitation and Compensation Commission, may give effect to and administer an agreement that is in force under this section.

Variation or revocation of agreement

             (5)  An agreement that is in force under this section may be varied or revoked by the Minister on behalf of the Commonwealth.

Publication of agreement

             (6)  The Minister must arrange for a copy of an agreement entered into under subsection (1), or of any variations to such an agreement, to be published on the Department’s website.

5  Transitional provisions

(1)       An arrangement that:

                     (a)  was entered into under section 203 of the Veterans’ Entitlements Act 1986 before the commencement of this item (including an arrangement having effect as if it were entered into under that section because of section 56 of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 ); and

                     (b)  was in force immediately before the commencement of this item;

continues in force on and after that commencement as if it were an agreement entered into under section 203 of the Veterans’ Entitlements Act 1986 as substituted by this Part.

(2)       Subitem (1) does not prevent a variation or revocation, on or after the commencement of this item, of an arrangement continued in force under this item.

Part 2 Contingent amendments

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

6  At the end of subsection 4AA(5)

Add:

Note:          Under section 203 of the Veterans’ Entitlements Act 1986 , the Minister may enter into an agreement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.

Veterans’ Entitlements Act 1986

7  At the end of subsection 203(2)

Add:

                   ; (d)  the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 .