Veterans' Affairs Legislation Amendment (Omnibus) Act 2017 (128 of 2017)

Schedule 7   Legislative instruments

Veterans' Entitlements Act 1986

43   Subsections 90(3) to (7)

Repeal the subsections, substitute:

Determination must be approved by the Minister

(3) A determination under subsection (1) has no effect unless the Minister has approved it in writing.

(4) A determination under subsection (1) approved by the Minister and as in force from time to time is the Treatment Principles .

Variation or revocation of Treatment Principles

(5) The Commission may, by written determination, vary or revoke the Treatment Principles.

(6) A determination under subsection (5) has no effect unless the Minister has approved it in writing.

Legislative instruments

(7) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Incorporation of other instruments

(7A) Despite subsection 14(2) of the Legislation Act 2003:

(a) a determination under subsection (1); or

(b) a determination under subsection (5) varying the Treatment Principles;

may make provision 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 or existing from time to time.

Treatment Principles are binding on the Commission

(7B) The Treatment Principles are binding on the Commission in the exercise of its powers and discretions under this Part.

Eligible person