House of Representatives

Australian Participants in British Nuclear Tests (Treatment) (Consequential Amendments and Transitional Provisions) Bill 2006

Explanatory Memorandum

(Circulated by authority of the Minister for Veterans' Affairs, The Honourable Bruce Billson MP)

Schedule 2 - Transitional provisions

Claims made on or after 19 June 2006 - eligibility to be provided with treatment

Item 1

Subitem 1(1) provides that if a person made a claim under clause 6 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 on or after 19 June 2006, but before the commencement of that Act, and had the claim been made after the commencement of that Act, it would have been a claim made, in accordance with clause 6 of that Act, for a determination that the person is an eligible person, then the claim is taken to be a claim for such a determination made under clause 8 of that Act.

Subitem 1(2) provides that the Commission may, under clause 13 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 , approve the provision of treatment that was provided before the claim was made, but the Commission must not approve the provision of treatment that was provided before 19 June 2006.

Claims made on or after 19 June 2006 - entitlement to travelling expenses

Item 2

Subitem 1(1) provides that if a person made a claim under clause 6 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 on or after 19 June 2006, but before the commencement of that Act, and had the claim been made after the commencement of that Act, it would have been a claim made, in accordance with clause 6 of that Act, for a determination that the person is entitled to be paid travelling expenses under Part 3 of that Act, then the claim is taken to be a claim for such a determination made under clause 21 of that Act.

Subitem 1(2) provides that a person can, under Part 3 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 , be entitled to be paid travelling expenses in connection with travel that occurred before the claim was made, but not in connection with travel that occurred before 19 June 2006.

Application of amendments to the Income Tax Assessment Act 1997

Item 3

Item 3 provides that the amendments made by items 5 and 6 of Schedule 1 apply only to assessments for the 2006-07 year of income and later years of income.


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