Veterans' Entitlements Amendment Act 2011 (95 of 2011)

Schedule 3  

Veterans' Entitlements Act 1986

15   Transitional

(1) Despite the amendment made by item 1, table item 19.1 in section 52-65 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 payments of temporary incapacity allowance made before, on or after that commencement.

(2) Despite the amendments made by items 4, 5, 13 and 14, sections 25A, 96, 121 and 128A of the Veterans’ Entitlements Act 1986 (as in force immediately before the commencement of those items) continue to apply on and after that commencement in relation to a grant of temporary incapacity allowance made before, on or after that commencement.

(3) Despite the amendment made by item 6, section 107 of the Veterans’ Entitlements Act 1986, as in force immediately before the commencement of that item, continues to apply on and after that commencement in relation to days occurring before 20 September 2011.

(4) If:

(a) before the commencement of this item:

(i) a veteran is admitted to a hospital or other institution for treatment in respect of a war-caused injury or a war-caused disease; or

(ii) a member of the Forces, or a member of a Peacekeeping Force, is admitted to a hospital or other institution for treatment in respect of a defence-caused injury or a defence-caused disease; and

(b) the period (the pre-commencement period ) beginning on the day of that admission and ending at the end of 19 September 2011 does not exceed 4 weeks;

then:

(c) section 107 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 that veteran or member, that admission and that treatment; and

(d) if, under that section, the Commission grants a temporary incapacity allowance to the veteran or member - for the purposes of subsections 107(4) and (8) of that Act, the pre-commencement period is taken to be the relevant period applicable to the incapacity.

Note: Section 96 of the Veterans’ Entitlements Act 1986 applies section 107 of that Act to members of the Forces or members of a Peacekeeping Force.

(5) Subsection 107(8) 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 payments of temporary incapacity allowance made before, on or after that commencement.

(6) Despite the amendments made by items 7 to 11, sections 111, 112 and 115 of the Veterans’ Entitlements Act 1986 (as in force immediately before the commencement of those items) continue to apply on and after that commencement in relation to applications for temporary incapacity allowance made before, on or after that commencement.