Explanatory Memorandum
(Circulated by authority of the Minister for Veterans' Affairs, The Honourable Bruce Billson MP)Outline and Financial Impact
Outline and Financial Impact
This Bill makes consequential amendments to the Aged Care Act 1997 , the Income Tax Assessment Act 1997 , the National Health Act 1953 and the Social Security Act 1991 as a consequence of the Australian Participants in British Nuclear Tests (Treatment) Bill 2006 . It also makes transitional provisions in relation to claims made under the Bill and in relation to the consequential amendments to the Income Tax Assessment Act 1997 .
Date of Effect
This clause provides that sections 1 to 3 of the Bill commence on Royal Assent and that Schedules 1 and 2 commence at the same time as the Australian Participants in British Nuclear Tests (Treatment) Act 2006 commences.
Financial Impact
The Bill has no financial impact.
Part 1 - Preliminary
Short Title
Clause 1 sets out how the Act is to be cited.
Commencement
Clause 2 sets out the commencement date of the provisions in the Act.
Schedules
Clause 3 provides that the Act specified in a Schedule to this Act is amended as set out in the items of that Schedule.
Schedule 1 - Consequential amendments
Aged Care Act 1997
Item 1
Item 1 amends paragraph 86-3(i) of the Aged Care Act 1997 by repealing the existing paragraph and substituting a new paragraph.
New paragraph 86-3(i) provides that the Secretary to the Department of Health and Ageing may disclose protected information to the Secretary to the Department of Veterans' Affairs, for purposes connected with the provision of treatment under either Part V of the Veterans' Entitlements Act 1986 (VEA) or Chapter 6 of the Military Rehabilitation and Compensation Act 2004 (MRCA) or the Australian Participants in British Nuclear Tests (Treatment) Act 2006 .
Item 2
Item 2 amends paragraph 86-6(a) of the Aged Care Act 1997 by repealing the words "or section 409 of the Military Rehabilitation and Compensation Act 2004 " and substituting the words ", section 409 of the Military Rehabilitation and Compensation Act 2004 or clause 36 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ".
This amendment establishes that it is an offence if a person discloses protected information under clause 36 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 for purposes other than those authorised by section 86-6.
A note at the end of the item points out that the existing heading to section 86-6 is replaced by the heading " Limits on use of protected information disclosed under certain legislation ".
Item 3
Item 3 amends subsection 96-10(2) by adding a new paragraph (c). New paragraph (c) provides that subsection 96-10(1) does not apply to any amount payable in respect of treatment (within the meaning of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ) that the Repatriation Commission has arranged under clause 12 of that Act.
Item 4
Item 4 amends the note at the end of subsection 96-10(2) by omitting the words "and the Military Rehabilitation and Compensation Act 2004 " and substituting the words ", the Military Rehabilitation and Compensation Act 2004 and the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ".
Income Tax Assessment Act 1997
Item 5
Item 5 amends the table in section 11-15 of the Income Tax Assessment Act 1997 (ITAA) by adding, in alphabetical order, an entry for "travelling expenses for Australian participants in British nuclear tests".
Item 6
Item 6 amends the ITAA by inserting a new Subdivision 52-CB after Subdivision 52-CA. New Subdivision 52-CB provides that a payment of travelling expenses made to a person under Part 3 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 is exempt from income tax.
National Health Act 1953
Item 7
Item 7 amends the definition of Repatriation nursing home patient in subsection 4(1) of the National Health Act 1953 by adding a new paragraph (c) to include a person under clause 15 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 .
Item 8
Item 8 amends the definition of medicare card in subsection 84(1) of the National Health Act 1953 by repealing the existing paragraph (b) and substituting a new paragraph (b).
New paragraph (b) provides that a medicare card includes a card or written authorisation provided to a person that evidences a person's eligibility for pharmaceutical benefits under a scheme that applies under clause 18 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 .
Item 9
Item 9 amends the definition of repatriation pharmaceutical benefit to include a pharmaceutical benefit within the meaning of subclause 4(1) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 .
Item 10
Item 10 makes a minor technical drafting amendment.
Item 11
Item 11 adds a new subparagraph at the end of paragraph 84C(4A)(a). The new subparagraph provides that the supply or repeated supply of a pharmaceutical benefit is not taken into account for the purposes of section 84C if it was supplied under a scheme that applies under clause 18 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 and at the time of the supply the person was not a holder of an entitlement card.
Social Security Act 1991
Item 12
Item 12 inserts a new paragraph 10B(4)(cb) after paragraph 10B(4)(ca) of the Social Security Act 1991 . The new paragraph includes in the definition of income assistance , a payment under the Australian Participants in British Nuclear Tests (Treatment) Act 2006 that is exempt from income tax under Subdivision 52-CB of the ITAA.
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.