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Schedule 8—Minor amendments

Schedule 8 Minor amendments

Part 1 Removal of spent veterans’ affairs payments

Division 1—Main amendments

Veterans’ Entitlements Act 1986

1  Paragraphs 5H(8)(zzaa) to (zzag)

Repeal the paragraphs.

2  Paragraph 5H(8)(zzai)

Repeal the paragraph.

3  Paragraph 5H(8)(zzb)

Omit “initiative;”, substitute “initiative.”.

4  Paragraphs 5H(8)(zzc) to (zzg)

Repeal the paragraphs.

5  Paragraph 5H(8)(zzh)

Repeal the paragraph (not including the note).

6  Subsection 5Q(1) (definition of clean energy advance )

Repeal the definition.

7  Subsection 5Q(1) (paragraph (a) of the definition of clean energy bonus )

Repeal the paragraph.

8  Subsection 5Q(1) (paragraph (a) of the definition of clean energy payment )

Repeal the paragraph.

9  Division 1 of Part IIIE

Repeal the Division.

10  Parts VIID to VIIH

Repeal the Parts.

Division 2—Other amendments

Income Tax Assessment Act 1997

11  Section 11-15 (table item headed “social security or like payments”)

Omit:

economic security strategy payment under the Veterans’ Entitlements Act 1986 .................................



52-65

12  Section 11-15 (table item headed “social security or like payments”)

Omit:

ETR payment under the Veterans’ Entitlements Act 1986 ..................................................................................



52-65

13  Paragraphs 52-65(1)(d) and (da)

Repeal the paragraphs.

14  Subsections 52-65(1D) and (1H)

Repeal the subsections.

15  Section 52-75 (table items 5B and 5C)

Repeal the items.

Social Security Act 1991

16  Subparagraph 8(8)(y)(ia)

Repeal the subparagraph.

17  Paragraphs 8(8)(yb), (yd), (yf), (yh) and (yhb)

Repeal the paragraphs.

Social Security (Administration) Act 1999

18  Section 123TC (paragraph (b) of the definition of clean energy income-managed payment )

Repeal the paragraph.

Division 3—Saving provisions

19  Saving provisions

(1)       Despite the amendments made by this Part, Subdivision D of Division 1 of Part IIIE of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of clean energy advance made on or after that commencement.

(2)       Despite the amendments made by this Part, Subdivision E of Division 1 of Part IIIE of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance made before, on or after that commencement.

(3)       Despite the amendments made by this Part, section 118ZZVH of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of ETR payment made on or after that commencement.

(4)       Despite the amendments made by this Part, sections 205 to 206 of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment under Part VIID, VIIE, VIIF, VIIG or VIIH of that Act made before, on or after that commencement.

(5)       Despite the amendments made by this Part, subsection 52-65(1G) of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance under the Veterans’ Entitlements Act 1986 made before, on or after that commencement.

(6)       Despite the amendments made by this Part, subsection 52-65(1H) of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.

(7)       Despite the amendments made by this Part, paragraph 5H(8)(zzai) of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.

(8)       Despite the amendments made by this Part, paragraph 5H(8)(zzh) of the Veterans’ Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012 , being a payment made before, on or after that commencement.

(9)       Despite the amendments made by this Part, paragraph 8(8)(yhb) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an ETR payment made before, on or after that commencement.

(10)     Despite the amendments made by this Part, Subdivision DE of Division 5 of Part 3B of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a clean energy advance under the Veterans’ Entitlements Act for service pension, being an advance payable before, on or after that commencement.

Part 2 Removal of spent military rehabilitation and compensation payments

Division 1—Main amendments

Military Rehabilitation and Compensation Act 2004

20  Subsection 5(1) (definition of clean energy advance )

Repeal the definition.

21  Subsection 5(1) (paragraph (a) of the definition of clean energy bonus )

Repeal the paragraph.

22  Subsection 5(1) (definition of clean energy payment )

Omit “clean energy advance or”.

23  Subsection 415(2)

Omit “, 317 and 424K”, substitute “and 317”.

24  Subsection 415(2) (note)

Repeal the note, substitute:

Note:          Chapter 6 has its own recovery provisions (see sections 315, 316 and 317).

25  Divisions 1 to 5 of Part 5A of Chapter 11

Repeal the Divisions.

Division 2—Other amendments

Income Tax Assessment Act 1997

26  Section 52-114 (table item 22)

Omit “and Part 5A of Chapter 11”.

Division 3—Saving provisions

27  Saving provisions

(1)       Despite the amendments made by this Part, Division 4 of Part 5A of Chapter 11 of the Military Rehabilitation and Compensation Act 2004 , as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of any payment of clean energy advance made on or after that commencement.

(2)       Despite the amendments made by this Part, Division 5 of Part 5A of Chapter 11 of the Military Rehabilitation and Compensation Act 2004 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance made before, on or after that commencement.

(3)       Despite the amendments made by this Part, table item 22 in section 52-114 of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of clean energy advance under Part 5A of Chapter 11 of the Military Rehabilitation and Compensation Act 2004 made before, on or after that commencement.

Part 3 Other amendments

Veterans’ Entitlements Act 1986

28  Subsection 52B(4)

Omit “Commission”, substitute “Minister”.

29  Transitional provision

A determination in force for the purposes of subsection 52B(4) of the Veterans’ Entitlements Act 1986 immediately before the commencement of this item continues in force on and after that commencement as if it were a determination made under that subsection as amended by this Part.

30  Subsection 213(2)

After “for the purposes of this Act or the regulations”, insert “or the other legislative instrument made under this Act”.

31  Subsection 213(4)

Omit “under this Act”.

32  Subsection 214(2)

After “for the purposes of this Act or the regulations”, insert “or the other legislative instrument made under this Act”.

33  Subsection 214(4)

Omit “under this Act”.

(56/17)