Senate

Revised Explanatory Memorandum

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

Schedule 7 - Legislative instruments

Overview

Schedule 7 of the Bill amends the Veterans' Affairs portfolio legislation to exempt certain legislative instruments from subsection 14(2) of the Legislation Act. The amendments will enable these legislative instruments to incorporate matters contained in another non-disallowable legislative instrument or other non-legislative writings as in force from time to time.

The Schedule includes a minor and technical amendment that updates the name of an Act from Australian Participants in British Nuclear Tests (Treatment) Act 2006 to the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

The Schedule also amends some of the other provisions of Veterans' Affairs portfolio legislation that provide for benefits to be provided under schemes which are made under legislative instruments. The amendments will bring the provisions under which the instruments are made into line with current drafting practice.

Background

Veterans' Affairs portfolio legislation includes a number of provisions for making legislative instruments.

Many of the legislative instruments include references to external documents which are incorporated by-reference into the instruments and are legally regarded as being part of the instruments.

The legal basis for the inclusion of external documents is section 14 of Legislation Act which enables a legislative instrument to incorporate provisions as in force from time to time if they are from external sources which can be scrutinised by the Parliament such as the provisions of Commonwealth Acts or disallowable legislative instruments.

In practice the effect of the restriction is that any change to such a document cannot be recognised unless the changed version is incorporated in the legislative instrument by an amendment or a replacement instrument.

An example of the restriction imposed under section 14(2) of the Legislation Act which causes significant administrative issues for the Department is a change in one of the documents that is incorporated as a result of a policy imperative. The policy change that arises because of the availability of a new rehabilitation appliance will delay the availability of the appliance because the legislative instrument (the "Treatment Principles") that incorporates the document under which the appliance may be provided will need to be amended to refer to the changed date of that document.

However, an exception is also provided for the incorporation of non-disallowable instruments or other writings as in force from time-to-time by subsection 14(2) of the Legislation Act. The exception is provided if the enabling legislation under which the legislative instrument is made, authorises the incorporation of provisions of non-disallowable legislative instruments or other non-legislative writings as in force from time to time.

The Department administers the following four substantial legislative instruments, which incorporate the provisions of numerous non-legislative written documents:

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the Treatment Principles made under section 90 of the Veterans' Entitlements Act;

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the Treatment Principles made under section 286 of the Military Rehabilitation and Compensation Act;

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the Repatriation Pharmaceutical Benefits Scheme made under section 91 of the Veterans' Entitlements Act; and

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the MRCA Pharmaceutical Benefits Scheme made under section 286 of the Military Rehabilitation and Compensation Act.

The listed instruments contain references to a number of non-legislative documents. The two sets of Treatment Principles incorporate by reference approximately thirty non-legislative documents and the Repatriation Pharmaceutical Benefits Scheme and the MRCA Pharmaceutical Benefits Scheme each incorporate by reference eleven non-legislative documents.

Most of the documents are non-legislative documents prepared by the Department such as the various Fee Schedules and the Rehabilitation Appliance Program National Schedule of Equipment (RAP Schedule) that apply to treatment provided under the Treatment Principles. Included in the other documents that are incorporated are documents prepared by the Department of Health. All of the non-legislative instruments that are to be incorporated that are prepared by the Department and the Department of Health can be easily accessed on-line via the Department's website or via links on the Department's website.

The remaining documents that are incorporated in the legislative instruments are well known publications such as the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) made by the American Psychiatric Association and the Pharmacopoeia published by the UK and US governments and the European Union. These are reference documents that are widely available.

Explanation of the Items

Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006

Items 1 to 5 are consequential amendments made to amend the terms used to describe the scheme made under the Veterans' Entitlements Act to provide pharmaceutical benefits under the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act to veterans and other eligible persons.

Subsection 4(1) is amended by repealing the existing definition of approved pharmaceutical scheme and inserting a definition of the term Repatriation Pharmaceutical Benefits Scheme .

The Repatriation Pharmaceutical Benefits Scheme is defined as being the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans' Entitlements Act.

Section 18 is the mechanism used to adopt and modify for the purposes of the Australian Participants in British Nuclear Tests (Treatment) Act the pharmaceutical benefits scheme created under section 91 of the Veterans' Entitlements Act.

The heading to section 18 is amended by the repeal of the existing heading "Application and modification of an approved pharmaceutical scheme" and substitution of the new heading "Application and modification of Repatriation Pharmaceutical Benefits Scheme".

Subsection 18(1) provides that an "approved pharmaceutical benefits scheme" may be modified under section 18 for the purpose of providing the pharmaceutical benefits that are required for the treatment of eligible persons under the Australian Participants in British Nuclear Tests (Treatment) Act.

Subsection 18(1) is amended by replacing the reference to an "approved pharmaceutical scheme" with a reference to the "Repatriation Pharmaceutical Benefits Scheme".

Subclause 18(2) enables the Repatriation Commission to prepare written modifications of an "approved pharmaceutical scheme" which will apply for the purposes of the Australian Participants in British Nuclear Tests (Treatment) Act.

Subsection 18(2) is amended by replacing the reference to an "approved pharmaceutical scheme" with a reference to the "Repatriation Pharmaceutical Benefits Scheme".

Item 6 is a transitional provision which provides in subitem 6(1) for the continuation of the existing "approved pharmaceutical scheme" as modified and applied under section 18 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act prior to the commencement of the amendments made by this Schedule.

Subitem 6(2) provides that following the commencement of the amendments, subitem 6(1) will not prevent the Repatriation Commission from exercising its powers under section 18 to vary or revoke the modifications to the Repatriation Pharmaceutical Benefits Scheme.

Military Rehabilitation and Compensation Act 2004

Item 7 is a consequential amendment to subsection 5(1) of the Military Rehabilitation and Compensation Act to insert definitions of the terms pharmaceutical benefits determination and treatment determination . The terms are relevant to the proposed amendments to section 286 that are to be made by this schedule.

A pharmaceutical benefits determination is defined with a reference to the meaning given by subsection 286(3) (as inserted by Item 10 of this Schedule).

A treatment determination is defined with a reference to the meaning given by subsection 286(4) (as inserted by Item 10 of this Schedule).

Item 8 inserts new subsection 67(5). Under section 67 the MRCC may prepare a written guide for assessing the degree of impairment from a service injury or service disease, or adopt an existing guide. The guide is a legislative instrument and provides the criteria for assessing the effect of impairment on a person's lifestyle. The impairment points determined under the guide are used as thresholds for the provision of certain benefits under the Military Rehabilitation and Compensation Act.

New subsection 67(5) provides that a determination made under subsection 67(1) or a revocation or a variation to the guide that is made under subsection 67(3) will be exempt from the application of subsection 14(2) of the Legislation Act. The exemption applies to any legislative instrument that may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force at a particular time; or as in force or existing from time to time.

Items 9 and 10 amend section 286.

The heading to section 286 "Determination for providing treatment" is replaced with a new heading "Determination for providing treatment or pharmaceutical benefits".

Section 286 provides that the MRCC may make a written determination covering the provision of treatment other than the arrangements for treatment at hospitals and other institutions that are made under section 259.

Under section 286, the MRCC may also make determinations on where treatment will not be provided, situations under which treatment will not be provided and treatment for which prior approval will be required, and the requirements to be met before prior approval can be provided.

The legislative instruments made by the MRCC under the provisions of section 286 are referred to as the "Treatment Principles" and the "MRCA Pharmaceutical Benefits Scheme".

Subsection 286(1) provides that the MRCC may make a written determination covering the provision of treatment other than arrangements under section 259. Paragraph 286(1)(c) specifically refers to the provision of pharmaceutical benefits.

Under subsection 286(1) the MRCC may also determine treatment that will not be provided, situations under which treatment will not be provided and treatment for which prior approval, and the requirements for giving prior approval, is needed.

Subsections 286(2) to (6) are repealed and replaced with new subsections 286(2) to (6B).

New subsection 286(2) provides that a determination by the MRCC under subsection 286(1) will have no effect unless the Minister for Veterans' Affairs has provided approval in writing.

New subsection 286(3) provides that a determination under subsection 286(1) that relates to paragraph 286(1)(c) that has been approved by the Minister is a pharmaceutical benefits determination .

New subsection 286(4) provides that any other determination under subsection 286(1) that has been approved by the Minister is a treatment determination .

New subsection 286(5) provides the MRCC with the power to revoke or vary a pharmaceutical benefits determination or a treatment determination.

New subsection 286(6) provides that a determination made by the MRCC under subsection 286(5) will have no effect unless it has been approved by the Minister in writing.

New subsection 286(6A) provides that a determination made under subsection 286(1) or (5) by the MRCC and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

New subsection 286(6B) provides that a determination made under subsections 286(1) or (5) will be exempt from the application of subsection 14(2) of the Legislation Act and that a determination made under subsection 286(1) and (5) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force at a particular time; or as in force or existing from time to time.

The exemption provided under subsection 286(6B) is necessary because it is intended that the "Treatment Principles" and the "MRCA Pharmaceutical Benefits Scheme" will include references to certain non-legislative instruments of a regulatory nature.

The incorporation of non-legislative documents in the "Treatment Principles" and the "MRCA Pharmaceutical Benefits Scheme" as in force from time to time, will ensure that the instruments do not become out of date with changes to the Department's Fee Schedules and the other non-legislative documents that are referenced.

The instruments made under section 286 will be subject to Parliamentary scrutiny as disallowable instruments.

Item 11 is a transitional provision which provides, in subitem 11(1) for the continuation of the existing "pharmaceutical benefits determination" and "treatment determination" as in force prior to the commencement of the amendments to section 286 made by this Schedule.

Subitem 11(2) provides that following the commencement of the amendments, subitem 11(1) will not prevent the MRCC from exercising its powers under section 286 to vary or revoke the modifications to the "pharmaceutical benefits determination" or a "treatment determination".

Items 12 to 14 are consequential amendments to subsections 287(1) and (2A) respectively to replace the general references to a "determination under section 286" with specific references to " a treatment determination" under that section.

A minor consequential amendment is also made to subsection 287(2A) to include a reference to a "treatment determination".

Subsections 287(1) and (2A) provide that where the MRCC has determined that a person should receive treatment under Part 3 of Chapter 6 of the Military Rehabilitation and Compensation Act, it is expected that treatment will usually be provided under the Part in accordance with the arrangements made under section 285 or the determinations made under section 286.

Veterans' Entitlements Act 1986

Items 15 to 20 are consequential amendments to subsection 5Q(1) of the Veterans' Entitlements Act to insert, replace or repeal definitions relevant to the amendments to sections 29, 90 90A, 91, 105, 115B and 117 that are to made by this Schedule.

The definition of the approved Guide to the Assessment of Rates of Veterans' Pensions is repealed and replaced with the Approved Guide to the Assessment of Rates of Veterans' Pensions defined by reference to the meaning given by subsection 29(3) (as inserted by Item 26 of this Schedule).

The definition of the approved Treatment Principles is repealed and replaced with Treatment Principles defined by reference to the meaning given by subsection 90(4) (as inserted by Item 43 of this Schedule).

The definition of the Repatriation Pharmaceutical Benefits Scheme is inserted and defined by reference to the meaning given by subsection 91(3) (as inserted by Item 60 of this Schedule).

The definition of the Repatriation Private Patient Principles is repealed and replaced with the Repatriation Private Patient Principles defined by reference to the meaning given by subsection 90A(4) (as inserted by Item 48 of this Schedule).

The definition of the Vehicle Assistance Scheme is inserted and defined by reference to the meaning given by subsection 105(9) (as inserted by Item 77 of this Schedule).

The definition of the Veterans' Children Education Scheme is inserted and defined by reference to the meaning given by subsection 117(7) (as inserted by Item 91 of this Schedule).

The definition of the Veterans' Vocational Rehabilitation Scheme is inserted and defined by reference to the meaning given by subsection 115B(7) (as inserted by Item 84 of this Schedule).

Item 21 is a consequential amendment to the paragraph 13(7)(h) reference to the Veterans' Children Education Scheme to remove the redundant preceding reference to the "scheme known as the".

Items 22 and 23 are consequential formatting amendments to correct the references in subsection 21A(1) and paragraph 22(4)(c) from the "approved" to the "Approved" Guide to the Assessment of Rates of Veterans' Pensions.

Items 24 to 31 amend section 29. Under section 29 the Repatriation Commission may prepare a written guide for assessing the extent of the incapacity of a veteran from a war-caused injury or war-caused disease. The guide is a legislative instrument and provides the criteria for assessing the extent of the incapacity. The incapacity percentage determined under the guide is used to determine the rate of the veterans' disability pension under the Veterans' Entitlements Act.

Subsection 29(1) is amended by replacing the reference to the requirement of the Repatriation Commission to "from time to time, prepare a document to be known as the "Guide to the Assessment of Rates of Veterans' Pensions". The amendment to subsection 29(1) requires the Repatriation Commission to "in writing, determine a guide setting out" what will become known under new subsection 29(3) as the Approved Guide to the Assessment of Rates of Veterans' Pensions".

Subsections 29(2) and (3) are repealed and replaced with new subsections 29(2), (3), (3A) and (3B).

Subsection 29(2) provides that a determination made by the Repatriation Commission under subsection 29(1) will have no effect unless it has been approved by the Minister in writing.

New subsection 29(3) provides that a determination under subsection 29(1) that has been approved by the Minister as in force from time to time is the Approved Guide to the Assessment of Rates of Veterans' Pensions .

New subsection 29(3A) provides the Repatriation Commission with the power to revoke or vary an Approved Guide to the Assessment of Rates of Veterans' Pensions.

New subsection 29(3B) provides that a determination made by the Repatriation Commission under subsection 29(3A) will have no effect unless it has been approved by the Minister in writing.

A consequential formatting amendment is made to subsection 29(4) to correct the references of the "approved" to the "Approved" Guide to the Assessment of Rates of Veterans' Pensions.

A heading to subsection 29(5) is inserted that references that subsection as being concerned with the "Extent of Incapacity".

Subsections 29(8), (9) and (10) are repealed and a new subsection 29(10) is inserted. New subsection 29(10) provides that a determination made under subsections 29(1) or (3A) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

Subsection 29(11) is amended to clarify the reference to "the document or instrument" by replacing it with a reference to "the legislative instrument".

New subsection 29(12) provides that a determination made under subsection 29(1) or a revocation or a variation made under subsection 29(3A) will be exempt from the application of subsection 14(2) of the Legislation Act. The exemption applies to any legislative instrument that may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force at a particular time; or as in force or existing from time to time.

Item 32 is a transitional provision which provides, in subitem 32(1) for the continuation of the existing "Guide to the Assessment of Rates of Veterans' Pensions" as in force prior to the commencement of the amendments to section 29 made by this Schedule.

Subitem 32(2) provides that following the commencement of the amendments, subitem 32(1) will not prevent the Repatriation Commission from exercising its powers under section 29 to vary or revoke the "Guide to the Assessment of Rates of Veterans' Pensions".

Item 33 is a consequential amendment to the paragraph 52(1)(m) reference to the Vehicle Assistance Scheme to remove the redundant preceding reference to "the scheme administered by the Commonwealth known as".

Item 34 is a consequential amendment to the paragraph 70(10A)(e) reference to the Veterans' Children Education Scheme to remove the redundant preceding reference to the "scheme known as the".

Items 35 and 36 are consequential amendments to subsection 84(3A) to clarify references to the "Treatment Principles" in section 90 as made by this Schedule.

Items 37 to 41 amend section 90. Under section 90 the Repatriation Commission may make a written determination covering the provision of treatment to persons eligible for treatment under Part V of the Veterans' Entitlements Act.

The heading to section 90, the "Guide to the provision of treatment" is replaced with the heading "Treatment Principles".

Subsection 90(1) is amended by replacing the reference to the requirement of the Repatriation Commission to "from time to time, prepare a document to be known as the "Treatment Principles". The amendment to subsection 90(1) requires the Repatriation Commission to "in writing, determine principles setting out" what will become known under new subsection 90(4) as the "Treatment Principles".

A Note to subsection 90(1) is inserted referring the reader to subsection 90(8) for the definition of an "eligible person".

Subsections 90(1A) and (1B) are amended to replace the references to "Treatment Principles" with a reference to the "principles".

Minor amendments are made to clarify subsection 90(2) to replace references to "the document" with a reference to "the principles".

Subsections 90(3) to (7) are repealed and replaced with new subsections 90(3), (4), (5), (6), (7), (7A and (7B).

Subsection 90(3) provides that the Treatment Principles made by the Repatriation Commission under subsection 90(1) will have no effect unless it has been approved by the Minister in writing.

New subsection 90(4) provides that the principles made under subsection 90(1) that has been approved by the Minister as in force from time to time are the Treatment Principles .

New subsection 90(5) provides the Repatriation Commission with the power to revoke or vary the Treatment Principles.

New subsection 90(6) provides that a determination made by the Repatriation Commission under subsection 90(5) will have no effect unless it has been approved by the Minister in writing.

New subsection 90(7) provides that a determination made under subsections 90(1) or (5) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

New subsection 90(7A) provides that a determination made under subsection 90(1) or a variation made under subsection 90(5) will be exempt from the application of subsection 14(2) of the Legislation Act. The exemption applies to any legislative instrument that may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force at a particular time; or as in force or existing from time to time.

New subsection 90(7B) replicates the provisions of repealed subsection 90(3) and refers to the Repatriation Commission being bound by the Treatment Principles in the exercise of its powers and discretions under Part V of the Veterans' Entitlements Act.

A heading to subsection 90(8) is inserted referring to the provision defining an "eligible person" for the purposes of the section.

Item 44 is a transitional provision which provides, in subitem 44(1) for the continuation of the existing "Treatment Principles" as in force prior to the commencement of the amendments to section 90 made by this Schedule.

Subitem 44(2) provides that following the commencement of the amendments, subitem 44(1) will not prevent the Repatriation Commission from exercising its powers under section 90 to vary or revoke the "Treatment Principles".

Subitem 44(3) refers to the modification of the Treatment Principles for the purposes of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act and provides for the continuation under that Act of those modified "Treatment Principles" as in force prior to the commencement of the amendments to section 90 made by this Schedule.

Items 45 to 53 amend section 90A. Under section 90A the Repatriation Commission may make a written determination covering the provision of treatment to eligible persons as private patients.

Section 90A is amended by replacing the heading, "Determination etc. of Repatriation Private Patient Principles" with "Repatriation Private Patient Principles".

A Note to subsection 90A(1) is inserted referring the reader to subsection 90A(9) for the definition of an "eligible person".

Subsections 90A(3) to (5) are repealed and replaced with new subsections 90A(3), (4), (5), (5A), (5B), and (5C).

Subsection 90A(3) provides that the Repatriation Private Patient Principles made by the Repatriation Commission under subsection 90A(1) will have no effect unless it has been approved by the Minister in writing.

New subsection 90A(4) provides that the principles made under subsection 90A(1) that have been approved by the Minister as in force from time to time are the Repatriation Private Patient Principles .

New subsection 90A(5) provides the Repatriation Commission with the power to revoke or vary the Repatriation Private Patient Principles.

New subsection 90A(5A) provides that a determination made by the Repatriation Commission under subsection 90A(5) will have no effect unless it has been approved by the Minister in writing.

New subsection 90A(5B) provides that a determination made under subsections 90A(1) or (5) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

New subsection 90A(5C) provides that a determination made under subsection 90A(1) or a variation made under subsection 90A(5) will be exempt from the application of subsection 14(2) of the Legislation Act. The exemption applies to any legislative instrument that may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force at a particular time; or as in force or existing from time to time.

Minor amendments to subsection 90A(6) have been made to correct the reference to a determination having been made under subsection 90A(5B) in place of subsection 90A(5).

The redundant provision subsection 90A(7) is repealed. Subsection 90A(7) required the Repatriation Commission to provide copies of the Repatriation Private Patient Principles or amendments to the principles when requested.

A heading to subsection 90A(8) is inserted referring to the provision setting out the circumstances in which "treatment is provide as a private patient" for the purposes of the section.

A heading to subsection 90A(9) is inserted referring to the provision defining an "eligible person" for the purposes of the section.

Item 54 is a transitional provision which provides, in subitem 54(1) for the continuation of the existing "Repatriation Private Patient Principles" as in force prior to the commencement of the amendments to section 90A made by this Schedule.

Subitem 54(2) provides that following the commencement of the amendments, subitem 54(1) will not prevent the Repatriation Commission from exercising its powers under section 90A to vary or revoke the "Repatriation Private Patient Principles".

Subitem 54(3) provides for the continuation of a notice under subsection 90B(1) concerning the application of the Repatriation Private Patient Principles in force prior to the commencement of the amendments to section 90A made by this Schedule.

Subitem 54(4) refers to the modification of the Repatriation Private Patient Principles for the purposes of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act and provides for the continuation under that Act of those modified "Repatriation Private Patient Principles" as in force prior to the commencement of the amendments to section 90A made by this Schedule.

Items 55 to 65 amend section 91. Under section 91 the Repatriation Commission may make a written determination concerning the provision of pharmaceutical benefits to persons eligible for treatment under Part V of the Veterans' Entitlements Act.

Subsection 9(1) is amended by replacing the reference to the requirement of the Repatriation Commission to "from time to time, prepare a scheme for the provision of pharmaceutical benefits". The amendment to subsection 91(1) requires the Repatriation Commission to "in writing, determine a scheme for the provision of pharmaceutical benefits" that will become known under new subsection 91(3) as the "Repatriation Pharmaceutical Benefits Scheme".

A Note to subsection 91(1) is inserted referring the reader to subsection 91(9) for the definition of "pharmaceutical benefits".

Minor amendments are made to clarify subsection 91(1A) which is amended to replace the references to "the instrument" with a reference to "the scheme".

Subsections 91(2) to (5) are repealed and replaced with new subsections 91(2), (3), (4), (5), (5A) and (5B).

Subsection 91(2) provides that the Repatriation Pharmaceutical Benefits Scheme made by the Repatriation Commission under subsection 91(1) will have no effect unless it has been approved by the Minister in writing.

New subsection 91(3) provides that the scheme made under subsection 91(1) that has been approved by the Minister as in force from time to time is the Repatriation Pharmaceutical Benefits Scheme .

New subsection 91(4) provides the Repatriation Commission with the power to revoke or vary the Repatriation Pharmaceutical Benefits Scheme.

New subsection 91(5) provides that a determination made by the Repatriation Commission under subsection 91(4) will have no effect unless it has been approved by the Minister in writing.

New subsection 91(5A) provides that a determination made under subsections 91(1) or (4) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

New subsection 91(5B) provides that a determination made under subsection 91(1) or a variation made under subsection 91(4) will be exempt from the application of subsection 14(2) of the Legislation Act. The exemption applies to any legislative instrument that may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force at a particular time; or as in force or existing from time to time.

A heading to subsection 91(6) is inserted as a reference in the provision to an inquiry by the Pharmaceutical Benefits Remuneration Tribunal".

Consequential amendment have been made to subsection 91(6) and paragraph 91(8)(b) to the replace the references to the determination under which the scheme for pharmaceutical benefits scheme is made "under paragraph 286(1)(c) of the MRCA" with references to the "pharmaceutical benefits determination under section 286 of the MRCA".

Minor amendments to paragraph 91(8)(a) have been made to replace the redundant reference to an instrument which varied the 'approved scheme" having been prepared by the Repatriation Commission under repealed subsection 91(2) with a reference to an instrument being prepared to "vary the Repatriation Pharmaceutical Benefits Scheme".

A heading to subsection 91(9) is inserted as a reference to the location in the provision of a definition of "pharmaceutical benefits".

The redundant definition of "approved scheme" in subsection 91(9) is repealed.

Item 66 is a transitional provision which provides, in subitem 66(1) for the continuation of the existing "Repatriation Pharmaceutical Benefits Scheme" as in force prior to the commencement of the amendments to section 91 made by this Schedule.

Subitem 66(2) provides that following the commencement of the amendments, subitem 66(1) will not prevent the Repatriation Commission from exercising its powers under section 91 to vary or revoke the "Repatriation Pharmaceutical Benefits Scheme".

Item 67 repeals the redundant definition of "pharmaceutical benefits scheme" in subsection 93K(1).

Items 68 and 69 are minor consequential amendment to subsection 93L(1) and section 93N to replace the references to "pharmaceutical benefits scheme" with references to the Repatriation Pharmaceutical Benefits Scheme".

Items 70 to 77 amend section 105. Under section 105 the Repatriation Commission may by instrument in writing prepare a scheme to be known as the Vehicle Assistance Scheme. The Vehicle Assistance Scheme concerns the provision of motor vehicles to eligible veterans.

The amendments to section 105 are to bring the construction of the section into line with current drafting practice.

Section 105 is amended by replacing the heading, "Vehicle assistance scheme" with "Vehicle Assistance Scheme".

Subsection 105(1) is amended by replacing the reference to the requirement of the Repatriation Commission to "by instrument in writing, prepare a scheme called the Vehicle Assistance Scheme" with a reference to "in writing, determine a scheme".

Subsections 105(2) to (4) are repealed and replaced with new subsections 105(8) to (12).

Subsection 105(2) provided the Repatriation Commission with the power to revoke or vary the Vehicle Assistance Scheme.

Subsection 105(3) provided that a scheme made by the Repatriation Commission under subsection 105(1) will have no effect unless it has been approved by the Minister in writing.

Subsection 105(4) had required the Repatriation Commission through the Minister to provide copies of a scheme prepared under subsection 105(1) or a variation or revocation prepared under repealed subsection 105(2) to the Parliament within 15 sitting days of receipt of the documents of the Minister.

Subsection 105(5) is amended by replacing the reference to "Vehicle Assistance Scheme" with a reference to the "Scheme".

Subsection 105(6) is repealed and is replaced with new section 105(13).

Subsection 105(6) had provided that the Repatriation Commission could provide benefits to eligible veterans "under and in accordance with the provisions" of the Vehicle Assistance Scheme.

Subsection 105(7) is amended by the repeal of paragraph (c) which included references to the Vehicle Assistance Scheme.

New subsection 105(8) that a scheme prepared by the Repatriation Commission under subsection 105(1) will have no effect unless the Minister has approved it in writing.

New subsection 105(9) provides that a scheme determined under subsection 105(1) that has been approved by the Minister as in force from time to time is the Vehicle Assistance Scheme .

New subsection 105(10) provides the Repatriation Commission with the power to revoke or vary the Vehicle Assistance Scheme.

New subsection 105(11) provides that a determination made by the Repatriation Commission under subsection 105(10) will have no effect unless it has been approved by the Minister in writing.

New subsection 105(12) provides that a determination made under subsections 105(1) or (10) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

New subsection 105(13) provides that the Repatriation Commission may provide benefits to the veterans referred to in subsection 105(5) "under and in accordance with the provisions of the Vehicle Assistance Scheme".

Item 78 is a transitional provision which provides, in subitem 78(1) for the continuation of the existing "Vehicle Assistance Scheme" as in force prior to the commencement of the amendments to section 105 made by this Schedule.

Subitem 78(2) provides that following the commencement of the amendments, subitem 78(1) will not prevent the Repatriation Commission from exercising its powers under section 105 to vary or revoke the "Vehicle Assistance Scheme".

Item 79 repeals the subsection 115A(1) definition of "Veterans' Vocational Rehabilitation Scheme" which is now defined in new subsection 115B(7).

Items 80 to 84 amend section 115B. Under section 115B the Repatriation Commission may by instrument in writing prepare a scheme to be known as the Veterans' Vocational Rehabilitation Scheme. The Veterans' Vocational Rehabilitation Scheme concerns the provision of assistance to find and to continue in employment.

The amendments to section 115B are to bring the construction of the section into line with current drafting practice.

Section 115B is amended by replacing the heading, "Making of the Scheme" with "Veterans' Vocational Rehabilitation Scheme".

Subsection 115B(1) is amended by replacing the reference to the requirement of the Repatriation Commission to "from time to time, by instrument in writing, make a scheme to be called the Veterans' Vocational Rehabilitation Scheme" with a reference to "in writing, determine a scheme".

Subsections 115B(2) to (4) are repealed and replaced with new subsections 115B(6) to (10).

Subsection 115B(2) provided the Repatriation Commission with the power to revoke or vary the Veterans' Vocational Rehabilitation Scheme.

Subsection 115B(3) provided that a scheme made by the Repatriation Commission under subsection 115B(1) will have no effect unless it has been approved by the Minister in writing.

New subsection 115B(4) had provided that a scheme made under subsections 115B(1) or a variation or revocation made under subsection 115B(3) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

Subsection 115B(5) is amended by replacing the references to the "Scheme" with references to the "scheme".

Subsection 115B(6) is repealed and is replaced with new section 115B(11).

Subsection 115B(6) had required the Repatriation Commission to consult with "organisations and associations, representing the interests of the veteran community" before it could make, vary or revoke the Veterans' Vocational Rehabilitation Scheme.

New subsection 115B(6) provides that a scheme prepared by the Repatriation Commission under subsection 115B(1) will have no effect unless the Minister has approved it in writing.

New subsection 115B(7) provides that a scheme determined under subsection 115B(1) that has been approved by the Minister as in force from time to time is the Veterans' Vocational Rehabilitation Scheme .

New subsection 115B(8) provides the Repatriation Commission with the power to revoke or vary the Veterans' Vocational Rehabilitation Scheme.

New subsection 115B(9) provides that a determination made by the Repatriation Commission under subsection 115B(8) will have no effect unless it has been approved by the Minister in writing.

New subsection 115B(10) provides that a determination made under subsections 115B(1) or (8) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

New subsection 115B(11) requires the Repatriation Commission to consult with "organisations and associations, representing the interests of the veteran community" before it can make a determination to, vary or revoke the Veterans' Vocational Rehabilitation Scheme.

Item 85 is a transitional provision which provides, in subitem 85(1) for the continuation of the existing "Veterans' Vocational Rehabilitation Scheme" as in force prior to the commencement of the amendments to section 115B made by this Schedule.

Subitem 85(2) provides that following the commencement of the amendments, subitem 85(1) will not prevent the Repatriation Commission from exercising its powers under section 115B to vary or revoke the "Veterans' Vocational Rehabilitation Scheme".

Item 86 repeals the subsection 116(1) definition of "Scheme" which is now defined in new subsection 117(7) as the "Veterans' Children Education Scheme".

Items 87 to 91 amend section 117. Under section 117 the Repatriation Commission may by instrument in writing prepare a scheme to be known as the Veterans' Children Education Scheme. The Veterans' Children Education Scheme concerns the provision of education and training for eligible children.

The amendments to section 117 are to bring the construction of the section into line with current drafting practice.

Section 117 is amended by replacing the heading, "Preparation of the Scheme" with "Veterans' Children Education Scheme".

Subsection 117(1) is amended by replacing the reference to the requirement of the Repatriation Commission to "from time to time, by instrument in writing, make a scheme to be called the Veterans' Children Education Scheme" with a reference to "in writing, determine a scheme".

Subsections 117(2) to (4) are repealed and replaced with new subsections 117(6) to (10).

Subsection 117(2) provided the Repatriation Commission with the power to revoke or vary the Veterans' Children Education Scheme.

Subsection 117(3) provided that a scheme made by the Repatriation Commission under subsection 117(1) will have no force or effect unless it has been approved by the Minister in writing.

Subsection 117(4) had required the Repatriation Commission through the Minister to provide copies of a scheme prepared under subsection 117(1) or a variation or revocation prepared under repealed subsection 117(2) to the Parliament within 15 sitting days of receipt of the documents of the Minister.

Subsection 117(5) is amended by replacing the references to the "Scheme" with references to the "scheme".

New subsection 117(6) provides that a scheme prepared by the Repatriation Commission under subsection 117(1) will have no effect unless the Minister has approved it in writing.

New subsection 117(7) provides that a scheme determined under subsection 117(1) that has been approved by the Minister as in force from time to time is the Veterans' Children Education Scheme .

New subsection 117(8) provides the Repatriation Commission with the power to revoke or vary the Veterans' Children Education Scheme.

New subsection 117(9) provides that a determination made by the Repatriation Commission under subsection 117(8) will have no effect unless it has been approved by the Minister in writing.

New subsection 117(10) provides that a determination made under subsections 117(1) or (8) by the Repatriation Commission and approved by the Minister is a legislative instrument that is to be regarded as having been made on the day on which the Minister has provided approval.

Item 92 is a transitional provision which provides, in subitem 92(1) for the continuation of the existing "Veterans' Children Education Scheme" as in force prior to the commencement of the amendments to section 117 made by this Schedule.

Subitem 92(2) provides that following the commencement of the amendments, subitem 92(1) will not prevent the Repatriation Commission from exercising its powers under section 117 to vary or revoke the "Veterans' Children Education Scheme".

Item 93 replaces the heading, "Commission may provide benefits under Scheme" with the heading "Commission may provide benefits under Veterans' Children Scheme".

Items 94 and 95 are minor consequential amendments to replace references in subsections 118(1) and (2) to "Scheme" and "scheme" respectively with references to the "Veterans' Children Education Scheme.

Item 96 is a minor consequential amendment to paragraph 118A(1)(c) to remove the words "scheme known as" that precede the reference to the Repatriation Pharmaceutical Benefits Scheme.

Commencement

Clause 2 provides that the amendments made by Schedule 7 commence on the day after the Act receives Royal Assent.