Veterans' Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018

(17 of 2018)

An Act to amend the law relating to veterans' affairs and military rehabilitation and compensation, and for related purposes

[Assented to 28 March 2018]

The Parliament of Australia enacts:

Minister's second reading speech made in - House of Representatives on 15 February 2018, Senate on 19 March 2018

1 Short title

This Act is the Veterans' Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	28 March 2018
2. Schedule 1	1 May 2018.	1 May 2018
3. Schedule 2, Parts 1 and 2	1 May 2018.	1 May 2018
4. Schedule 2, Part 3, Division 1	1 May 2018. However, the provisions do not commence at all if Part 2 of Schedule 2 to the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 commences on or before that day.
5. Schedule 2, items 495 and 496	The later of: (a) immediately after the commencement of the provisions covered by table item 3; and (b) immediately after the commencement of Part 2 of Schedule 2 to the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.
6. Schedule 2, items 497 and 498	Immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.	2 July 2018
7. Schedule 2, item 499	Immediately after the commencement of the Social Services Legislation Amendment (Ending Carbon Tax Compensation) Act 2018. However, the provisions do not commence at all if that Act does not commence.
8. Schedules 3, 4 and 5	The 28th day after this Act receives the Royal Assent.	25 April 2018
9. Schedule 6, Part 1	The day after this Act receives the Royal Assent.	29 March 2018
10. Schedule 6, Part 2	Immediately after the commencement of Part 1 of Schedule 2 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017.	12 October 2017
11. Schedules 7 and 8	The day after this Act receives the Royal Assent.	29 March 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1 Family support

Military Rehabilitation and Compensation Act 2004

1 Section 3

Omit:

This Act provides for compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease. The Act also provides for compensation and other benefits to be provided for the dependants of some deceased members.

substitute:

This Act provides for:

(a) compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease; and

(b) compensation and other benefits to be provided for the dependants of some deceased members; and

(c) certain assistance (such as child care, counselling or household services) to members or former members or to related persons of members, former members or deceased members.

2 Section 3

Omit "Chapters 3 to 6 set out what the benefits are.", substitute "Chapters 3, 4, 5 and 6 set out what the benefits are. Assistance or benefits under Chapter 5A can be provided before the Commission has accepted such liability.".

3 Subsection 5(1)

Insert:

related person of a member has the meaning given by subsection 15(2).

4 Section 15 (heading)

Repeal the heading, substitute:

15 Definitions of dependant and related person

5 Subsection 15(1)

Omit "any person mentioned in subsection (2)", substitute "a related person of the member".

6 Subsection 15(2)

Omit "These are the persons who can be a dependant of a member for the purposes of subsection (1)", substitute "A related person of a member is".

7 After Chapter 5

Insert:

Chapter 5A - Family support

268A Simplified outline

The Commission may make a legislative instrument providing for assistance or benefits of a certain kind (such as child care, counselling or household services) to a member or former member or to a related person of a member, former member or deceased member.

The member, former member or deceased member must have rendered warlike service on or after 1 July 2004.

268B Family support

(1) The Commission may, by legislative instrument, make provision for and in relation to the granting of assistance or benefits of a specified kind to a person:

(a) who is a member or former member; or

(b) who is or was a related person of a member, former member or deceased member.

Note: For related person see subsection 15(2).

(2) However, the instrument must not provide for the granting of assistance or benefits unless the member, former member or deceased member has rendered warlike service on or after 1 July 2004.

(3) Without limiting subsection (1), the kinds of assistance or benefits that may be granted include the following:

(a) child care;

(b) counselling;

(4) Without limiting subsection (1), the instrument may make provision for and in relation to:

(a) the eligibility criteria for the assistance or benefits; and

(b) the conditions on which the assistance or benefits are granted; and

(5) Despite subsection 14(2) of the Legislation Act 2003, an instrument under subsection (1) of this section 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.

8 After paragraph 423(ba)

Insert:

(bb) assistance or benefits granted under an instrument made under section 268B;

Schedule 2 Veteran payment

Part 1 Main amendments

Veterans' Entitlements Act 1986

1 After Part IIIA

Insert:

Part IIIAA - Veteran payment

45SA Simplifiedoutline

The Commission may make a legislative instrument providing for a payment to a person who has made a claim for certain mental injuries or mental diseases.

The payment is made before the claim is determined.

Payments may also be made under the instrument to the partner of such a person.

45SB Veteran payment

(1) The Commission may, by legislative instrument, make provision for and in relation to the making of a payment (a veteran payment ) to a person (the primary person ) for whom the following criteria are met:

(a) the primary person has made:

(i) a claim under section 319 of the Military Rehabilitation and Compensation Act 2004 of a kind covered by paragraph 319(1)(a) of that Act; or

(ii) a claim under section 54 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988;

(b) for a claim under section 319 of the Military Rehabilitation and Compensation Act 2004 - the claim is for:

(i) an injury (within the meaning of that Act) sustained by the primary person that is a mental injury, including the recurrence of a mental injury; or

(ii) a disease (within the meaning of that Act) contracted by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including the recurrence of such an ailment, disorder, defect or morbid condition;

(c) for a claim under section 54 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 - the claim is for:

(i) an injury (within the meaning of that Act) suffered by the primary person that is a mental injury, including an aggravation of a mental injury; or

(ii) an injury (within the meaning of that Act) that is a disease (within the meaning of that Act) suffered by the primary person that is a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), including an aggravation of such a mental ailment, disorder, defect or morbid condition;

(d) the primary person is incapable of undertaking remunerative work for periods aggregating more than 8 hours per week;

(e) the primary person is an Australian resident, and is in Australia, on the day the claim referred to in paragraph (a) is made;

(f) the primary person has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)) on the day the claim referred to in paragraph (a) is made;

(g) the Military Rehabilitation and Compensation Commission has not determined the claim.

Payment to partner

(2) An instrument under subsection (1) must also make provision for and in relation to the making of a payment (also a veteran payment ) to the primary person's partner (if any) in the following circumstances:

(a) the primary person is receiving a veteran payment referred to in subsection (1);

(b) the primary person's partner is an Australian resident, and is in Australia, on the day the claim referred to in paragraph (1)(a) is made.

(3) An instrument under subsection (1) may also make provision for the making of a payment (also a veteran payment ) to the primary person's partner in the following circumstances:

(a) the primary person dies;

(b) the primary person is receiving a veteran payment referred to in subsection (1) immediately before his or her death;

(c) the primary person's partner is receiving a veteran payment referred to in subsection (2) immediately before that death.

Matters instrument may deal with

(4) Without limiting subsection (1), an instrument under subsection (1) may make provision for and in relation to the following:

(a) further eligibility criteria for a veteran payment;

(b) what a person has to do to get a veteran payment;

(c) the duration of a veteran payment (which may include a period before or after the claim referred to in paragraph (1)(a) is determined);

(d) the conditions that apply to a person receiving a veteran payment;

(e) the suspension or cancellation of a veteran payment;

(f) the effect of the death of the primary person before the Commission has decided whether the primary person is eligible for a veteran payment;

(g) administrative matters, such as determination of entitlement to a veteran payment and how and when payments of a veteran payment will be made.

(5) Without limiting paragraph (4)(a), the criteria may depend on the Commission being satisfied of one or more specified matters.

Rate

(6) The rate of a veteran payment referred to in subsection (1), (2) or (3) is worked out in accordance with the Rate Calculator.

Note: Module A of the Rate Calculator establishes the overall rate calculation process and the remaining Modules provide for the calculation of the component amounts used in the overall rate calculation process.

Restriction on dual payments

(7) A veteran payment referred to in subsection (1), (2) or (3) is not payable to a person if the person:

(a) is receiving a service pension; or

(b) is receiving a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); or

(c) is receiving compensation under Part 3 or 4 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 or receiving Special Rate Disability Pension under Part 6 of that chapter; or

(d) is receiving compensation under section 19, 20, 21, 21A or 22 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

(8) A veteran payment referred to in subsection (2) or (3) is not payable to a person if the person is a wholly dependent partner (within the meaning of the Military Rehabilitation and Compensation Act 2004) of a deceased member (within the meaning of that Act).

(9) If:

(a) a payment is made in respect of a person under the ABSTUDY Scheme; and

(b) the payment is made on the basis that the person is a full-time student; and

(d) the payment relates to a period;

a veteran payment referred to in subsection (1), (2) or (3) is not payable to the person in respect of any part of the period.

Incorporation of other instruments

(10) Despite subsection 14(2)of the Legislation Act 2003, an instrument under subsection (1) of this section 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.

2 After paragraph 199(a)

Insert:

(aa) veteran payments; and

3 Application provision

Paragraph 45SB(1)(a) of the Veterans' Entitlements Act 1986, as inserted by this Act, applies in relation to:

(a) a claim made on or after the commencement of this item; and

(b) a claim made before that commencement, where the claim had not been determined immediately before that commencement.

Part 2 Consequential amendments

Aged Care Act 1997

4 After subsection 44-24(3)

Insert:

(3A) If the care recipient is entitled to a *veteran payment, his or her total assessable income is the sum of:

(a) the amount of the care recipient's veteran payment reduced by the amount worked out under subsection 5GA(3) of the Veterans' Entitlements Act 1986 to be the care recipient's minimum pension supplement amount; and

(b) the amount the Secretary determines to be the amount that would be worked out as the care recipient's ordinary/adjusted income for the purpose of applying Module E of the Rate Calculator in Schedule 6 to the Veterans' Entitlements Act 1986.

Note: Determinations are reviewable under Part 6.1.

5 Subsection 44-24(4)

Omit "an *income support supplement or a *service pension", substitute "a *service pension, an *income support supplement or a *veteran payment".

6 Subsection 44-24(5)

After "(3)(b)", insert ", (3A)(b)".

7 Subsection 44-24(7)

Omit "or (3)(b)", substitute ", (3)(b) or (3A)(b)".

8 Subsections 44-24(9), (10) and (12)

After "(3)(b)", insert ", (3A)(b)".

9 Subsections 44-26A(2) and (3)

Omit "an *income support supplement or a *service pension", substitute "a *service pension, an *income support supplement or a *veteran payment".

10 Paragraph 44-26A(4)(a)

Omit "an *income support supplement or a *service pension", substitute "a *service pension, an *income support supplement or a *veteran payment".

11 Section 85-1 (table item 46)

After "(3)(b)", insert ", (3A)(b)".

12 Subparagraph 85-5(3)(a)(ii)

After "(3)(b)", insert ", (3A)(b)".

13 Clause 1 of Schedule 1

Insert:

veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

Aged Care (Transitional Provisions) Act 1997

14 Subsections 44-10(1A) and (1B)

Omit "an *income support supplement or a *service pension", substitute "a *service pension, an *income support supplement or a *veteran payment".

15 Paragraph 44-10(1C)(a)

Omit "an *income support supplement or a *service pension", substitute "a *service pension, an *income support supplement or a *veteran payment".

16 After subsection 44-24(3)

Insert:

(3A) If the care recipient is entitled to a *veteran payment, his or her total assessable income is the sum of:

Note: Determinations are reviewable under Part 6.1.

17 Subsection 44-24(4)

Omit "an *income support supplement or a *service pension", substitute "a *service pension, an *income support supplement or a *veteran payment".

18 Subsection 44-24(5)

After "(3)(b)", insert ", (3A)(b)".

19 Subsection 44-24(7)

Omit "or (3)(b)", substitute ", (3)(b) or (3A)(b)".

20 Subsections 44-24(9), (10) and (12)

After "(3)(b)", insert ", (3A)(b)".

21 Section 85-1 (table item 46)

After "(3)(b)", insert ", (3A)(b)".

22 Paragraph 85-5(3)(b)

After "(3)(b)", insert ", (3A)(b)".

23 Clause 1 of Schedule 1

Insert:

veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

A New Tax System (Family Assistance) Act 1999

24 Subsection 3(1) (paragraph (c) of the definition of receiving)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

25 Subsection 3(1)

Insert:

veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

26 After paragraph 3AA(2)(d)

Insert:

; (e) a veteran payment.

27 Subparagraphs 1(2)(a)(ii) and (b)(ii) of Schedule 1

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

28 At the end of paragraph 19B(b) of Schedule 1

Add:

or (v) a veteran payment;

29 Subclause 28B(2) of Schedule 1

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

30 Paragraph 38K(1)(a) of Schedule 1

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

31 Subclauses 38K(3) and (4) of Schedule 1 (method statement, steps 1 and 2)

Omit "or income support supplement" (wherever occurring), substitute ", income support supplement or veteran payment".

32 Clause 38L of Schedule 1

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

33 Subparagraph 7(a)(ii) of Schedule 2

Omit "or a service pension or is receiving income support supplement under Part IIIA of the Veterans' Entitlements Act 1986", substitute ", a service pension, income support supplement under Part IIIA of the Veterans' Entitlements Act 1986 or a veteran payment".

34 After paragraph 7(h) of Schedule 3

Insert:

(haaa) a veteran payment under an instrument made under Part IIIAA of the Veterans' Entitlements Act 1986;

A New Tax System (Family Assistance) (Administration) Act 1999

35 Paragraphs 10(4)(b) and (d)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

36 Paragraph 21(3)(b)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

37 Subsection 32AI(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

38 Subparagraph 50S(1)(a)(iv)

Omit "and", substitute "or".

39 At the end of paragraph 50S(1)(a)

Add:

(v) a veteran payment; and

40 Paragraph 78D(1)(c)

After "pension", insert ", veteran payment".

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

41 At the end of subsection 23C(4)

Add:

; or (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

Child Support (Registration and Collection) Act 1988

42 After subparagraph 72AC(1)(b)(iv)

Insert:

(iva) a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986; or

Disability Services Act 1986

43 Subsection 22(4) (paragraph (d) of the definition of pensioner or beneficiary)

Omit "or income support supplement under Part IIIA", substitute ", income support supplement under Part IIIA or a veteran payment under an instrument made under Part IIIAA".

Farm Household Support Act 2014

44 Paragraphs 38(2)(a) and (b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

Income Tax Assessment Act 1936

45 Paragraph 202CB(7)(b)

Omit "such a pension or allowance", substitute "a pension, veteran payment (within the meaning of that Act) or allowance under that Act".

46 Paragraph 202CE(8)(b)

Omit "such a pension or allowance", substitute "a pension, veteran payment (within the meaning of that Act) or allowance under that Act".

Income Tax Assessment Act 1997

47 Section 52-65 (after table item 21.1)

Insert:

21AA.1

Veteran payment

Supplementary amount is exempt
(see section 52-70)

Exempt

48 Section 52-75 (after table item 21)

Insert:

21AA

Veteran payment

Section 45SB

Military Rehabilitation and Compensation Act 2004

49 At the end of subsection 222(5)

Add:

; or (g) a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

50 At the end of subsection 246(4)

Add:

; or (g) a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

51 At the end of section 258

Add:

(7) This section does not apply in relation to a person who is receiving a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

52 After paragraph 301(4)(e)

Insert:

(ea) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986; or

Paid Parental Leave Act 2010

53 Section 6

Insert:

veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

54 Paragraph 178(c)

After "pension", insert ", veteran payment".

Social Security Act 1991

55 Subparagraphs 4(11)(b)(iii), (c)(iii) and (d)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

56 Subsection 5A(6) (after paragraph (d) of the definition of recipient child)

Insert:

(da) a veteran payment;

57 Paragraph 8(8)(s)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

58 Subparagraph 8(8)(y)(i)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

59 Subsection 9(1) (definition of pensioner couple)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

60 Paragraph 11(10)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

61 Paragraph 11(10)(d)

After "supplement" (wherever occurring), insert ", payment".

62 Subparagraphs 11(10)(e)(ii), (iii) and (iv)

After "supplement", insert ", payment".

63 Paragraph 11(10)(f)

After "supplement", insert ", payment".

64 Subsection 23(1) (at the end of the definition of income support payment)

Add:

; or (f) a veteran payment.

65 Subsection 23(1) (paragraph (b) of the definition of payday)

Omit "or income support supplement" (first occurring), substitute ", income support supplement or a veteran payment".

66 Subsection 23(1) (paragraph (b) of the definition of payday)

Omit "or income support supplement" (last occurring), substitute ", income support supplement or veteran payment".

67 Subsection 23(1) (paragraph (b) of the definition of social security recipient status)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

68 Subsection 23(1)

Insert:

veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986.

69 At the end of subsection 47(1)

Add "or a veteran payment".

70 Paragraph 47(2)(b)

Omit "or a service pension", substitute ", a service pension or a veteran payment".

71 Subparagraphs 82(1)(d)(ii) and (5)(b)(iii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

72 Paragraph 83(1)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

73 Paragraph 83(1)(b)

Omit "or IIIA", substitute ", IIIA or IIIAA".

74 Sub-subparagraph 91(1)(b)(ii)(C)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

75 After subparagraph 92C(e)(iv)

Insert:

or (v) a veteran payment;

76 After subparagraph 92L(b)(iv)

Insert:

or (v) a veteran payment;

77 At the end of subsection 103(1)

Add "or a veteran payment".

78 Paragraph 103(2)(b)

Omit "or a social security benefit or service pension", substitute ", a social security benefit, a service pension or a veteran payment".

79 Subparagraphs 146F(1)(d)(ii) and (5)(b)(iii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

80 Paragraph 146G(1)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

81 Paragraph 146G(1)(b)

Omit "or IIIA", substitute ", IIIA or IIIAA".

82 Sub-subparagraph 146Q(1)(b)(ii)(C)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

83 At the end of subsection 151(1)

Add "or a veteran payment".

84 Paragraph 151(2)(b)

Omit "or a social security benefit or service pension", substitute ", a social security benefit, a service pension or a veteran payment".

85 Paragraph 198(7)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

86 At the end of subsection 202(1)

Add "or a veteran payment".

87 Paragraph 202(2)(b)

Omit "or a social security benefit or service pension", substitute ", a social security benefit, a service pension or a veteran payment".

88 Subparagraph 236A(1)(b)(iii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

89 Subparagraphs 237(1)(d)(ii) and (5)(b)(iv)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

90 Paragraph 238(1)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

91 Paragraph 238(1)(b)

Omit "or IIIA", substitute ", IIIA or IIIAA".

92 Sub-subparagraph 246(1)(b)(ii)(C)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

93 At the end of subsection 321(1)

Add "or a veteran payment".

94 Paragraph 321(2)(b)

Omit "or a social security benefit or service pension", substitute ", a social security benefit, a service pension or a veteran payment".

95 At the end of subsection 368(1)

Add "or a veteran payment".

96 Paragraph 368(2)(b)

Omit "or a social security benefit or service pension", substitute ", a social security benefit, a service pension or a veteran payment".

97 Subsection 408CF(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

98 Paragraph 408CF(2)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

99 At the end of subsection 500S(1)

Add "or a veteran payment".

100 Paragraph 500S(2)(b)

Omit "service pension", substitute "a service pension or a veteran payment".

101 Subparagraph 514A(1)(c)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

102 Paragraph 552(2)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

103 Subparagraph 567(1)(e)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

104 Paragraph 578(2)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

105 Subparagraph 592(1)(e)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

106 Paragraph 593(4)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

107 Paragraph 593(4)(b)

Omit "pension", substitute "social security pension, service pension, income support supplement or veteran payment".

108 Subsection 593(4) (note)

Omit "a pension" (first occurring), substitute "a social security pension, a service pension, income support supplement or a veteran payment".

109 Subsection 593(4) (note)

Omit "of pension" (wherever occurring), substitute "of social security pension, service pension, income support supplement or veteran payment".

110 Subsection 593(4) (note)

Omit "a pension" (last occurring), substitute "a social security pension, a service pension, income support supplement or a veteran payment".

111 Subparagraphs 612(1)(b)(i) and (2)(b)(i)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

112 Subsection 614(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

113 Paragraph 614(2)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

114 Subparagraph 660LA(1)(e)(ii)

After "service pension", insert "or a veteran payment".

115 Subparagraphs 681(1)(b)(i) and (2)(b)(i)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

116 Subsection 686(1)

After "income support supplement,", insert "a veteran payment,".

117 Paragraph 686(2)(b)

Omit "service pension or income support supplement", substitute "a service pension, income support supplement or a veteran payment".

118 Subparagraph 728PA(1)(e)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

119 Paragraph 729(6)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

120 Paragraph 729(6)(b)

Omit "pension", substitute "social security pension, service pension, income support supplement or veteran payment".

121 Subsection 729(6) (note)

Omit "a pension" (first occurring), substitute "a social security pension, a service pension, income support supplement or a veteran payment".

122 Subsection 729(6) (note)

Omit "of pension" (wherever occurring), substitute "of social security pension, service pension, income support supplement or veteran payment".

123 Subsection 729(6) (note)

Omit "a pension" (last occurring), substitute "a social security pension, a service pension, income support supplement or a veteran payment".

124 Subparagraphs 734(1)(b)(i) and (2)(b)(i)

Omit "a social security, service pension or income support supplement", substitute "a social security pension, a service pension, income support supplement or a veteran payment".

125 Subsection 735(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

126 Paragraph 735(2)(b)

Omit "service pension or income support supplement", substitute "a service pension, income support supplement or a veteran payment".

127 Subparagraph 768A(1)(e)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

128 Subparagraph 771HA(1)(c)(i)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

129 At the end of subsection 771HI(1)

Add "or a veteran payment".

130 Paragraph 771HI(2)(b)

Omit "or a service pension", substitute ", a service pension or a veteran payment".

131 Subparagraph 771NU(1)(c)(i)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

132 At the end of subsection 787(1)

Add "or a veteran payment".

133 Paragraph 787(2)(b)

Omit "or a social security benefit or service pension", substitute ", a social security benefit, a service pension or a veteran payment".

134 Subparagraphs 822(1)(d)(ii) and (5)(b)(iii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

135 Paragraph 823(1)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

136 Paragraph 823(1)(b)

Omit "or IIIA", substitute ", IIIA or IIIAA".

137 Sub-subparagraph 830(1)(b)(ii)(C)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

138 Paragraph 1061PJ(1)(b)

Omit "pension", substitute "payment".

139 Subsection 1061PJ(3) (heading)

Repeal the heading, substitute:

Payments under the Veterans' Entitlements Act

140 Subsection 1061PJ(3)

Omit "pensions", substitute "payments".

141 After paragraph 1061PJ(3)(ba)

Insert:

(bb) a veteran payment;

142 At the end of paragraph 1061PZG(1)(b)

Add:

(iv) a veteran payment;

143 Paragraph 1061TA(2)(a)

Omit "or an income support supplement", substitute ", income support supplement or a veteran payment".

144 Paragraph 1061ZG(1)(f)

Omit "or an income support supplement", substitute ", income support supplement or a veteran payment".

145 Point 1066A-D3 (heading)

Repeal the heading, substitute:

No pharmaceutical allowance if partner receiving certain supplements under other Acts

146 At the end of paragraph 1066A-D3(c)

Add "or a veteran payment".

147 Point 1066B-D3 (heading)

Repeal the heading, substitute:

No pharmaceutical allowance if partner receiving certain supplements under other Acts

148 At the end of paragraph 1066B-D3(c)

Add "or a veteran payment".

149 Point 1067G-C2 (heading)

Repeal the heading, substitute:

No pharmaceutical allowance if partner receiving certain supplements under other Acts

150 At the end of paragraph 1067G-C2(c)

165 Point 1068B-E3 (heading)

Repeal the heading, substitute:

No pharmaceutical allowance if partner receiving certain supplements under other Acts

166 At the end of paragraph 1068B-E3(c)

Add "or a veteran payment".

167 Subsection 1070L(2) (table items 4, 5 and 6)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

168 Subsection 1070N(2) (table items 4, 5 and 6)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

169 Subsection 1070P(2) (table items 4, 5 and 6)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

170 Paragraph 1070W(b)

Omit "service pension or income support supplement", substitute "a service pension, income support supplement or a veteran payment".

171 Paragraphs 1106(2)(a) and (b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

172 Paragraph 1123(2)(a)

Omit "or an income support supplement", substitute ", income support supplement or a veteran payment".

173 Paragraph 1123(2)(a)

Omit "or supplement", substitute ", supplement or payment".

174 Paragraph 1123(2)(b)

Omit "or an income support supplement", substitute ", income support supplement or a veteran payment".

175 Paragraph 1123(2)(b)

Omit "or supplement", substitute ", supplement or payment".

Add:

(iv) is receiving a veteran payment and has reached pension age; and

191 At the end of paragraph 1209ZB(1)(b)

Add:

or (iv) is receiving a veteran payment and has reached pension age;

192 Subsection 1209ZB(1)

Omit "or (iii)", substitute ", (iii) or (iv)".

193 Paragraphs 1228(2)(a) and 1229E(1)(b)

After "pension", insert ", veteran payment".

Social Security (Administration) Act 1999

194 Subparagraph 90(1)(b)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

195 Subsection 90(1)

After "service pension" (last occurring), insert ", income support supplement or veteran payment".

196 Paragraph 91(2)(b)

Omit "service pension or income support supplement", substitute "a service pension, income support supplement or a veteran payment".

197 Subsection 91(2)

Omit "or the income support supplement", substitute ", the income support supplement or the veteran payment".

198 Subparagraph 96(5)(b)(iii)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

199 Subparagraph 98(1)(b)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

200 Paragraph 98(1)(c)

Omit "or supplement", substitute ", supplement or payment".

201 Subsection 98(1)

Omit "or benefit" (last occurring), substitute ", benefit, supplement or payment".

202 Subparagraph 98(2)(b)(ii)

After "service pension", insert "or a veteran payment".

203 Paragraph 98(2)(c)

Omit "or benefit", substitute ", benefit or payment".

204 Section 101 (heading)

Repeal the heading, substitute:

101 Automatic rate reduction - receipt of pension or veteran payment by person receiving parenting payment

205 Paragraph 101(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

206 Section 101

Omit "or the income support supplement", substitute ", the income support supplement or the veteran payment".

207 Subparagraph 110(5)(b)(i)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

208 Section 123TC (after paragraph (e) of the definition of category H welfare payment)

Insert:

(ea) a veteran payment; or

209 Section 123TC (after paragraph (d) of the definition of category R welfare payment)

Insert:

(da) a veteran payment; or

210 Section 123TC (paragraphs (b) and (c) of the definition of Part 3B payment nominee)

After "service pension", insert "or veteran payment".

211 Section 123TK

Before "For", insert "(1)".

212 At the end of section 123TK

Add:

(2) For the purposes of this Part, a person is an eligible recipient of a veteran payment while the person is receiving that payment.

213 Section 124D (at the end of paragraph (c) of the definition of schooling requirement payment)

Add:

Omit "a service pensioner or income support supplement recipient", substitute "a person who is receiving a service pension, income support supplement or a veteran payment".

220 Paragraph 5G(3)(b)

Omit "pensioner's", substitute "person's".

221 Subsection 5G(3)

After "IIIA", insert ", IIIAA".

222 Paragraph 5G(4)(a)

Omit "a service pensioner or income support supplement recipient", substitute "a person who is receiving a service pension, income support supplement or a veteran payment".

223 Paragraph 5G(4)(b)

Omit "pensioner's", substitute "person's".

224 Subsection 5G(4)

After "IIIA", insert ", IIIAA".

225 Subsection 5GA(5)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

226 Subsection 5GA(5) (table item 1)

After "Service pension", insert "or veteran payment".

227 Subsection 5GA(5) (note)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

228 Subsection 5H(1) (note 2 to the definition of ordinary income)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

229 After paragraph 5H(8)(a)

Insert:

(aa) a veteran payment;

230 Subparagraph 5H(8)(w)(i)

After "income support supplement,", insert "a veteran payment,".

231 Subsection 5JA(4)

Omit "an income support supplement", substitute "income support supplement, a veteran payment".

232 Subsection 5JB(3)

Omit "an income support supplement", substitute "income support supplement, a veteran payment".

233 Paragraph 5JBA(10)(a)

Omit "an income support supplement", substitute "income support supplement, a veteran payment".

234 Subsection 5L(9)

After "income support supplement", insert ", a veteran payment".

235 Paragraphs 5L(9)(a), (b) and (c)

Omit "such a pension" (wherever occurring), substitute "a service pension, income support supplement, a veteran payment or a social security pension".

236 Subsection 5L(12)

Omit "or an income support supplement", substitute ", income support supplement or a veteran payment".

237 Paragraph 5LA(4)(b)

Omit "or income support supplement and that pension or supplement", substitute ", income support supplement or a veteran payment and that pension, supplement or payment".

238 Subsection 5NB(1) (after paragraph (c) of the definition of compensation affected pension)

Insert:

(d) a veteran payment payable to a person who has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or

239 Subsection 5Q(1) (definition of Australia)

After "IIIA", insert ", IIIAA".

240 Subsection 5Q(1) (paragraph (b) of the definition of comparable foreign pension)

After "income support supplement", insert ", a veteran payment".

241 Subsection 5Q(1) (paragraph (a) of the definition of pension supplement amount)

After "Schedule 6", insert "or whose rate of veteran payment is worked out under subpoint SCH6-A1(8) or (9) of Schedule 6".

242 Subsection 5Q(1)

Insert:

veteran payment means a veteran payment made under an instrument made under section 45SB.

243 Paragraph 5R(11)(a)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

244 Subsection 5R(11)

Omit "rate of pension or income support supplement", substitute "rate of pension, income support supplement or veteran payment".

245 Paragraph 5R(12)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

246 Paragraph 5R(12)(c)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

255 After subparagraph 37H(2)(a)(iii)

After "pension", insert "or payment".

264 Paragraph 45N(1)(c)

After "partner service pension", insert "or a veteran payment".

265 At the end of paragraph 45N(1)(d)

Add "or a veteran payment".

266 Subsection 45R(1) (note)

After "a service pension", insert ", a veteran payment".

267 Part IIIB (heading)

Repeal the heading, substitute:

Part IIIB - Provisions applying to service pension, income support supplement and veteran payment

268 Subparagraphs 48(1)(c)(i) and (ii)

After "income support supplement", insert ", a veteran payment".

269 Paragraphs 48E(a) and (b)

Omit "or an income support supplement", substitute ", income support supplement or a veteran payment".

270 Section 50

Omit "or income support supplement rate", substitute ", income support supplement rate or veteran payment rate".

271 Paragraph 50A(1)(a)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

272 Paragraph 50A(2)(a)

After "invalidity service pension", insert "or veteran payment".

273 Paragraph 50A(2)(c)

After "partner service pension", insert "or veteran payment".

274 Paragraph 50A(3)(a)

After "income support supplement", insert "or veteran payment".

275 After subparagraph 50A(3)(c)(ii)

Insert:

or (iii) veteran payment;

276 Subsection 50B(1)

After "IIIA", insert ", or rate of veteran payment,".

277 Paragraphs 50B(2)(a) and (b)

After "IIIA", insert ", or rate of veteran payment,".

278 Subsection 50B(3)

After "IIIA", insert ", or rate of veteran payment,".

279 Subparagraphs 52E(c)(i) and (ii)

After "income support supplement", insert ", a veteran payment".

280 Paragraphs 52JE(a) and (b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

281 Subparagraph 52Y(1)(a)(i)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

282 Subparagraph 52Y(1)(a)(ii)

Omit "or income support supplement rate", substitute ", income support supplement rate or veteran payment rate".

283 Subsection 52Z(1)

Omit "or income support supplement rate", substitute ", income support supplement rate or veteran payment rate".

284 Subsection 52Z(2) (heading)

Repeal the heading, substitute:

Deduction from maximum payment rate

285 Subsection 52Z(2)

Omit "or income support supplement maximum payment rate", substitute ", income support supplement maximum payment rate or veteran payment maximum payment rate".

286 Subsection 52Z(8)

Omit "pension", substitute "service pension, income support supplement or veteran payment".

287 Paragraphs 52ZMA(1)(b) and (d)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

288 Subsection 52ZMA(2)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

289 After subparagraphs 52ZZX(10)(a)(ii) and (b)(ii)

Insert:

(iia) a veteran payment;

290 After subparagraphs 52ZZZC(8)(a)(ii) and (b)(ii)

Insert:

(iia) a veteran payment;

291 After subparagraphs 52ZZZP(3)(a)(ii) and (b)(ii)

Insert:

(iia) a veteran payment;

292 Paragraph 52ZZZT(5)(a)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

293 Paragraph 52ZZZT(5)(b)

After "those payments", insert "or to verify the eligibility of persons for veteran payment".

294 Paragraph 52ZZZT(5)(c)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

295 After subparagraph 52ZZZWL(1)(b)(ii)

Insert:

(iia) is receiving a veteran payment and has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or

296 Subsection 52ZZZWL(1) (note 3)

Omit "subparagraph (1)(b)(iii)", substitute "subparagraph (1)(b)(iia) or (iii)".

297 Subsection 52ZZZWL(1) (note 4)

Omit "and social security pension ", substitute ", social security pension and veteran payment ".

298 After subparagraph 52ZZZWN(1)(b)(ii)

Insert:

(iia) is receiving a veteran payment and has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or

299 Subsection 52ZZZWN(1)

After "subparagraph (b)(i), (ii)", insert ", (iia)".

300 Subsection 52ZZZWN(1) (note 3)

Omit "subparagraph (1)(b)(iii)", substitute "subparagraph (1)(b)(iia) or (iii)".

301 Subsection 52ZZZWN(1) (note 4)

Omit "and social security pension ", substitute ", social security pension and veteran payment ".

302 After subsection 53D(4)

Insert:

(4A) If:

(a) a veteran begins to receive a veteran payment on a day; and

(b) on the day before that day the veteran was receiving an age or invalidity service pension;

then, for the purposes of this section, the veteran is taken to be receiving an age or invalidity service pension, and paragraph (1)(a) is taken to be satisfied, while the veteran is receiving that veteran payment.

303 Paragraph 54(1)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

304 Paragraph 54(1)(b)

After "income support supplement", insert ", or whose eligibility for a veteran payment,".

305 Subsection 54(2)

Repeal the subsection, substitute:

(2) A reference in subsection (1) to a person to whom a service pension, income support supplement or veteran payment is being paid includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.

306 Paragraph 54(3)(a)

After "pension", insert "or veteran payment".

307 Section 54A (heading)

Repeal the heading, substitute:

54A Secretary may require recipient to give information relevant to payment of service pension, income support supplement or veteran payment

308 Paragraph 54A(1)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

309 Paragraph 54A(1)(b)

After "income support supplement", insert ", or whose eligibility for a veteran payment,".

310 Paragraph 54A(1)(d)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

311 Subsection 54A(2)

Repeal the subsection, substitute:

(2) A reference in subsection (1) to a person to whom a service pension, income support supplement or a veteran payment is being paid includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.

312 Subsection 54AA(1)

After "income support supplement,", insert "a veteran payment".

313 Subsection 54AA(1)

After "affect the payment of the pension, supplement", insert "or payment".

314 Subsection 54AA(2)

Repeal the subsection, substitute:

(2) A reference in subsection (1) to a person receiving a service pension, income support supplement or a veteran payment includes a person to whom the whole or a part of the pension, supplement or payment is being paid for the purpose of being applied for the benefit of the person entitled to the pension, supplement or payment.

315 Section 54BA (heading)

Repeal the heading, substitute:

54BA Secretary may require person or person's partner to take action to obtain a comparable foreign pension

316 Paragraphs 54BA(1)(a) and (1A)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

317 Section 55 (heading)

Repeal the heading, substitute:

55 Service pension, income support supplement or veteran payment may be suspended or forfeited when person in gaol or in psychiatric confinement following criminal charge

318 Subsection 55(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

319 Paragraph 55A(1)(a)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

320 Paragraph 56(1)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

321 Subparagraphs 56(1)(e)(i) and (ii)

Omit "pension or income support supplement", substitute "pension, income support supplement or veteran payment".

322 Subsection 56(1)

Omit "the pension or income support supplement" (last occurring), substitute "the pension, income support supplement or veteran payment".

323 Subsection 56(2)

Repeal the subsection, substitute:

(2) If the pension, income support supplement or veteran payment ceases to be payable to the person under subsection (1), the pension, supplement or payment is cancelled.

Note: The person's eligibility for benefits under Division 12 will also cease.

324 Paragraph 56(3)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

325 Paragraph 56(3)(e)

Omit "pension or income support supplement", substitute "pension, income support supplement or veteran payment".

326 Subsection 56(3)

Omit "the pension or income support supplement", substitute "the pension, income support supplement or veteran payment".

327 Paragraph 56A(1)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

328 Subparagraphs 56A(1)(e)(i) and (ii)

Omit "pension or income support supplement", substitute "pension, income support supplement or veteran payment".

329 Subsection 56A(1)

Omit "the pension or income support supplement" (last occurring), substitute "the pension, income support supplement or veteran payment".

330 Subsection 56A(2)

Repeal the subsection, substitute:

(2) If the pension, income support supplement or veteran payment ceases to be payable to the person under subsection (1), the pension, supplement or payment is cancelled.

Note: The person's eligibility for benefits under Division 12 will also cease.

331 Paragraph 56B(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

332 Paragraph 56B(e)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

333 Section 56B

Omit "the pension or income support supplement", substitute "the pension, income support supplement or veteran payment".

334 Subsection 56C(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

335 Subparagraph 56C(2)(a)(i)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

336 Subparagraph 56C(2)(a)(i)

Omit "or supplement", substitute ", supplement or payment".

337 Subparagraph 56C(2)(a)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

338 Subparagraph 56C(2)(a)(ii)

Omit "or supplement", substitute ", supplement or payment".

339 Paragraph 56C(2)(b)

Omit "or supplement", substitute ", supplement or payment".

340 Subsection 56C(2)

Omit "or supplement" (last occurring), substitute ", supplement or payment".

341 Paragraph 56C(3)(c)

Omit "pensioner for an increase in the rate of the pension or supplement", substitute "person for an increase in the rate of the pension, supplement or payment".

342 Subsection 56C(4)

Omit "or income support supplement" (wherever occurring), substitute ", income support supplement or veteran payment".

343 Subsection 56D(1)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

344 Paragraph 56D(2)(c)

Omit "pensioner for a decrease in the rate of the pension or supplement", substitute "person for a decrease in the rate of the pension, supplement or payment".

345 Subsection 56D(3)

Omit "or income support supplement" (wherever occurring), substitute ", income support supplement or veteran payment".

346 Subsection 56DA(1)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

347 Subsection 56DA(2)

Omit "or supplement" (wherever occurring), substitute ", supplement or payment".

348 Subsection 56DA(2)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

349 Subsection 56E(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

350 Subsection 56E(1)

After "the pension", insert ", supplement or payment".

351 Paragraph 56EA(1)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

352 Subsection 56EA(1)

Omit "or income support supplement" (last occurring), substitute ", income support supplement or veteran payment".

353 Paragraph 56EB(1)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

354 Subsection 56EB(1)

Omit "or income support supplement" (last occurring), substitute ", income support supplement or veteran payment".

355 Section 56EC (heading)

Repeal the heading, substitute:

56EC Cancellation determination where service pension, income support supplement or veteran payment not payable

356 Subsection 56EC(1)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

357 Subsection 56EC(1)

Omit "or supplement" (wherever occurring), substitute ", supplement or payment".

358 Paragraph 56F(a)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

359 Paragraph 56F(b)

Omit "pension or income support supplement", substitute "pension, supplement or payment".

360 Paragraphs 56H(5)(b) and (6)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

361 Paragraph 56H(7)(b)

Omit "or income support supplement" (first occurring), substitute ", income support supplement or a veteran payment".

362 Paragraph 56H(7)(b)

Omit "the pension or income support supplement", substitute "the service pension, income support supplement or veteran payment".

363 Paragraph 56H(8)(b)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

364 Paragraphs 56H(9)(a) and (c)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

365 Section 56J (heading)

Repeal the heading, substitute:

56J Payment may be cancelled at recipient's request

366 Subsection 56J(1)

Omit "or income support supplement", substitute ", income support supplement or veteran payment".

367 Section 56K (heading)

Repeal the heading, substitute:

56K Payment may be suspended if instalments not drawn

368 Section 56K

Omit "pensioner", substitute "person".

369 Section 56K

Omit "or income support supplement for a continuous period of 6 months, the Commission may cancel or suspend the pension or income support supplement", substitute ", income support supplement or veteran payment for a continuous period of 6 months, the Commission may cancel or suspend the pension, supplement or payment".

370 Subsection 56L(1)

After "pension", insert ", income support supplement or a veteran payment".

371 Subsection 56M(1)

Omit "or the income support supplement,", substitute "income support supplement or a veteran payment".

372 Subsection 56M(1)

Omit "or supplement", substitute ", supplement or payment".

373 Subsection 56M(2)

Omit "or the income support supplement,", substitute "income support supplement or a veteran payment".

374 Subsection 56M(2)

Omit "or supplement", substitute ", supplement or payment".

375 Paragraph 56N(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

376 Paragraph 56N(b)

Omit "or supplement" (wherever occurring), substitute ", supplement or payment".

377 Section 57 (heading)

Repeal the heading, substitute:

57 Persons who may seek review of certain decisions

378 After subsection 57(1)

Insert:

(1A) A person who is dissatisfied with either of the following decisions of the Commission made under an instrument made under section 45SB may request the Commission to review the decision:

(a) a decision that the person is not eligible for a veteran payment;

(b) a decision determining the rate of the person's veteran payment.

379 Subsection 57(2)

Omit "pensioner", substitute "person".

380 Paragraphs 57(2)(a) to (d)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

381 Paragraphs 57B(3)(a) and (b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

382 Paragraph 57C(1)(a)

After "income support supplement", insert "or granting a veteran payment".

383 Paragraph 57C(1)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

384 Subsection 57C(2)

After "granted the claim", insert "or the veteran payment".

385 Subsection 57C(3)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

386 Paragraph 57H(1)(a)

After "income support supplement", insert "or grants a veteran payment".

387 Paragraph 57H(1)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

388 Division 17 of Part IIIB (heading)

Repeal the heading, substitute:

Division 17 - Administration of payments

389 Subdivision A of Division 17 of Part IIIB (heading)

Repeal the heading, substitute:

Subdivision A - General administration of payments

390 Section 58

Before "This Subdivision", insert "(1)".

391 After paragraph 58(a)

Insert:

(aa) veteran payments (see Part IIIAA); and

392 At the end of section 58

Add:

(2) For the purposes of this Subdivision, pension includes veteran payment.

Note: The definition of pension in section 5Q also includes income support supplement.

393 Subsection 58A(3F) (note)

Omit "(7) and", substitute "(6) to".

394 After subsection 58A(7)

Insert:

(8) If:

(a) an amount of an instalment of veteran payment is payable to a person in relation to a particular day; and

(b) on that day, the person is residing in Australia and:

(i) is in Australia; or

(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks; and

(c) apart from this subsection, the portion of the instalment corresponding to that day would be less than 1/364 of the person's minimum pension supplement amount, but more than a nil amount;

the amount of that portion of the instalment is to be increased to 1/364 of the person's minimum pension supplement amount.

395 Subsection 58D(1)

Omit "pensioner's pension", substitute "pension of a person (the primary person )".

396 Paragraph 58D(1)(a)

Omit "pensioner", substitute "primary person".

397 Paragraph 58D(1)(a)

Omit "that person", substitute "the other person".

398 Paragraph 58D(1)(b)

Omit "that person", substitute "the other person".

399 Paragraph 58D(1)(b)

Omit "pensioner", substitute "primary person".

400 Subsection 58D(3)

Omit "made to a person", substitute "made to another person".

401 Paragraph 58D(3)(a)

Omit "pensioner", substitute "primary person".

402 Paragraphs 58D(3)(b) and (c)

Omit "the person", substitute "the other person".

403 Paragraph 58D(3)(c)

Omit "pensioner", substitute "primary person".

404 Subdivision B of Division 17 of Part IIIB (heading)

Repeal the heading, substitute:

Subdivision B - Payments outside Australia

405 Section 58K (heading)

Repeal the heading, substitute:

58K Age, invalidity and partner service pensions, income support supplement and veteran payment generally portable

406 After paragraph 58K(1)(d)

Insert:

or (e) a veteran payment;

407 Section 58L (heading)

Repeal the heading, substitute:

58L Manner of payment outside Australia

408 Section 58L

After "pension" (wherever occurring), insert "or veteran payment".

409 Section 59A (table items 1 and 1A)

Omit "Table B", substitute "Table B-1".

410 Section 59A (after table item 1A)

Insert:

1B	Maximum basic rates for veteran payment for a person who is partnered	partnered veteran payment MBR	Rate Calculator - point SCH6-B2 - Table B-2 - column 3 - item 2
1C	Maximum basic rates for veteran payment for a person who is not partnered	single veteran payment MBR	Rate Calculator - point SCH6-B2 - Table B-2 - column 3 - item 1

411 At the end of Subdivision C of Division 18 of Part IIIB

Add:

59LB Adjustment of veteran payment maximum basic rates

Partnered veteran payment MBR

(1) This Act has effect as if, on each adjustment day, the amount worked out in accordance with the following formula, and rounded up to the nearest multiple of $5.20, were substituted for the partnered veteran payment MBR:

where:

previous partnered veteran payment MBR is the partnered veteran payment MBR applicable on the day before the adjustment day.

Single veteran payment MBR

(2) This Act has effect as if, on each adjustment day, the amount worked out in accordance with the following formula, and rounded up to the nearest multiple of $2.60, were substituted for the single veteran payment MBR:

where:

previous single veteran payment MBR is the single veteran payment MBR applicable on the day before the adjustment day.

Definitions

(3) In this section:

adjustment day means the following:

(a) 20 March;

(b) 20 September.

current single pension rate MBR means the single pension rate MBR (see item 1A of the table in section 59A) applicable on the adjustment day.

pension MBR factor means:

previous single pension rate MBR means the single pension rate MBR (see item 1A of the table in section 59A) applicable on the day before the adjustment day.

(4) A pension MBR factor worked out under subsection (3) is to be worked out to 3 decimal places. However:

(a) if a pension MBR factor worked out under subsection (3) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the pension MBR factor is to be increased by 0.001; and

(b) if a pension MBR factor worked out under subsection (3) or paragraph (a) of this subsection would be less than 1, the pension MBR factor is to be increased to 1.

412 After paragraph 59M(1)(f)

Insert:

(g) veteran payment;

413 Paragraph 59Q(7)(b) (definition of maximum basic rate)

Omit "Table B", substitute "Table B-1".

414 At the end of section 85

Add:

(14) If:

(a) a veteran begins to receive a veteran payment on a day; and

(b) on the day before that day the veteran was receiving a service pension under Part III;

then, for the purposes of paragraph (7)(b) or (7A)(a), the veteran is taken to be receiving a service pension under Part III while the veteran is receiving that veteran payment.

415 At the end of section 118

Add:

(3) This section does not apply in relation to a person if the person is receiving a veteran payment.

416 Paragraphs 118AA(a) and (b)

Repeal the paragraphs, substitute:

(a) either:

(i) the person is receiving a partner service pension, an invalidity service pension or income support supplement, and the person has not reached pension age; or

(ii) the person is receiving a veteran payment, and the person has not reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); and

417 Paragraph 118A(2)(b)

Omit "service pension", substitute "a service pension or a veteran payment".

418 Paragraph 118B(3)(b)

Omit "service pension or income support supplement", substitute "a service pension, income support supplement or a veteran payment".

419 After paragraph 118V(1)(f)

Insert:

(fa) is not receiving a veteran payment; and

420 After paragraphs 118V(2)(f) and (3)(f)

Insert:

(fa) the person is not receiving a veteran payment; and

421 Paragraph 119(1)(a)

After "application", insert "or the grant of a veteran payment".

422 Paragraph 119(1)(b)

After "pension", insert ", a veteran payment".

423 Paragraph 119(1)(e)

After "pension", insert "or a veteran payment".

424 Subsection 122(1)

Omit "pensioner", substitute "person (the pensioner ) to whom the pension is payable".

425 Section 126 (heading)

Repeal the heading, substitute:

126 Death of claimant etc.

426 Subsection 126(2)

Omit "of a pensioner", substitute "of a person (the pensioner )".

427 Subsection 126(2)

After "pensioner's pension", insert "or veteran payment".

428 Paragraph 126(3)(b)

Omit "or pension", substitute ", pension or veteran payment".

429 Subsection 128A(1) (after paragraph (a) of the definition of income payment)

Insert:

(b) a veteran payment; or

430 Subparagraph 128A(4)(a)(i)

After "pension", insert ", veteran payment".

431 After paragraph 132(1)(a)

Insert:

(aa) a person whose eligibility for a veteran payment is being considered; or

432 Paragraphs 132(1)(c) and (d)

After "claim", insert ", consideration".

433 Subsection 132(2)

Omit "or person", substitute ", a person whose eligibility for a veteran payment is being considered or a person".

434 Section 202 (heading)

Repeal the heading, substitute:

202 Appointment of trustees

435 Subsection 202(1)

Omit "of a pensioner", substitute "of a person (the primary person )".

436 Subsection 202(1)

After "of a pension", insert ", veteran payment".

437 Subsection 202(1)

Omit "payable to the pensioner be made to another person as trustee for the pensioner", substitute "payable to the primary person be made to another person as trustee for the primary person".

438 Subsection 202(1)

After "of the pension", insert ", veteran payment".

439 Subsection 202(2)

Omit "in respect of a pension or allowance payable to a pensioner", substitute "in respect of a pension, veteran payment or allowance payable to the primary person".

440 Paragraphs 202(2)(a) and (b)

After "pension", insert ", veteran payment".

441 Subparagraphs 202(2)(b)(i), (ii) and (iii)

Omit "pensioner" (wherever occurring), substitute "primary person".

442 Subsections 202(4), (5), (6) and (7)

After "pension" (wherever occurring), insert ", veteran payment".

443 Subsection 202A(1)

Omit "pension or allowance payable to a pensioner", substitute "pension, veteran payment or allowance payable to a person".

444 Paragraph 202A(2)(a)

After "pension", insert ", veteran payment".

445 Subsection 202A(3)

Omit "pensions or allowances payable to 2 or more pensioners", substitute "pensions, veteran payments or allowances payable to 2 or more persons".

446 Subsection 202A(3)

Omit "those pensioners", substitute "those persons".

447 Subsection 202A(4)

Omit "pensioner", substitute "person".

448 Subsection 202A(7)

After "pension", insert ", veteran payment".

449 Subsection 202A(8) (definition of trust funds)

Omit "pension or allowance payable to a pensioner, means the instalments of the pension or allowance", substitute "pension, veteran payment or allowance payable to a person, means the instalments of the pension, veteran payment or allowance".

450 Subsection 202B(1)

Omit "pension or allowance payable to a pensioner", substitute "pension, veteran payment or allowance payable to a person".

451 Paragraph 202B(2)(a)

After "pension", insert ", veteran payment".

452 Paragraph 202B(2)(b)

Omit "pensioner", substitute "person".

453 Paragraph 204(1)(a)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

454 Paragraph 205AA(a)

After "a pension", insert ", veteran payment".

455 Paragraph 205AA(a)

Omit "in this section called the new pension or allowance ", substitute "the new payment ".

456 Paragraph 205AA(a)

Omit "new pension or allowance" (wherever occurring), substitute "new payment".

457 Subparagraph 205AA(b)(i)

After "a pension", insert ", veteran payment".

458 Paragraph 205AA(b)

Omit "in this section called the existing pension, benefit or allowance ", substitute "the existing payment ".

459 Paragraph 205AA(c)

Omit "existing pension, benefit or allowance", substitute "existing payment".

460 Paragraph 205AA(c)

Omit "new pension or allowance", substitute "new payment".

461 Section 205AA

Omit "existing pension, benefit or allowance" (last occurring), substitute "existing payment".

462 Section 205AA

Omit "new pension or allowance" (last occurring), substitute "new payment".

463 After subparagraph 208(1)(a)(i)

Insert:

(ia) in connection with the consideration of the eligibility of the person or another person for a veteran payment; or

464 Schedule 6 (heading)

Repeal the heading, substitute:

Schedule 6 - Calculation of rates of service pension, income support supplement and veteran payment

465 Clause 4 of Schedule 6 (heading)

Repeal the heading, substitute:

4 Application for income tax purposes of reductions in respect of service pension, income support supplement or veteran payment

466 Subclause 4(1) of Schedule 6 (heading)

Repeal the heading, substitute:

Service pension and veteran payment

467 Subclause 4(1) of Schedule 6

After "If a person's rate of service pension", insert "or veteran payment".

468 At the end of subclause 4(1) of Schedule 6

Add:

Note 3: Section 60A applies to a person receiving a service pension (but does not apply to a person receiving a veteran payment).

469 Subpoint SCH6-A1(1) of Schedule 6

Omit "pension", substitute "service pension, income support supplement or veteran payment".

470 At the end of point SCH6-A1 of Schedule 6

Add:

Method statement 7 (veteran payment, not blind)

(8) The rate of veteran payment for a person who is not permanently blind is worked out in accordance with method statement 7.

Method statement 7

Step 1. Work out the person's maximum basic rate using Module B below.

Step 2. Work out the amount of pension supplement using Module BA below.

Step 3. Work out the amount per year (if any) by way of rent assistance using Module C below.

Step 4. Add up the amounts obtained in steps 1, 2, and 3: the result is called the maximum payment rate .

Step 5. Apply the ordinary/adjusted income test using Module E below to work out the reduction for ordinary/adjusted income.

Step 6. Take the reduction for ordinary/adjusted income away from the maximum payment rate: the result is called the income reduced rate .

Step 7. Apply the assets test using Module F below to work out the reduction for assets.

Step 8. Take the reduction for assets away from the maximum payment rate: the result is called the assets reduced rate .

Step 9. Compare the income reduced rate and the assets reduced rate: the lower of the 2 rates, or the income reduced rate if the rates are equal, is the provisional payment rate .

Step 10. Work out the amount per year (if any) payable by way of remote area allowance using Module G below.

Step 11. Add any amount obtained in step 10 to the person's provisional payment rate (see step 9). The result is the person's rate of veteran payment .

Note 1: For ordinary/adjusted income see point SCH6-E1.

Note 2: If a person's assets reduced rate is less than the person's income reduced rate, the person may be able to take advantage of provisions dealing with financial hardship (sections 52Y and 52Z).

Note 3: If a person's rate is reduced because of Module E or F, the order in which the reduction is to be made against the components of the maximum payment rate is laid down by clause 4 of Part 1.

Note 4: The rate calculation for a member of a couple is affected by the operation of point SCH6-A2.

Note 5: The rate of veteran payment for a day will be rounded to the nearest cent (see subsection 58A(5)).

Note 6: For the minimum amount of a fortnightly instalment of veteran payment, see subsection 58A(9).

Note 7: An amount of remote area allowance is to be added under step 11 only if the person's rate of veteran payment is greater than nil.

Method statement 8 (veteran payment, blind)

(9) The rate of veteran payment for a person who is permanently blind is worked out in accordance with method statement 8.

Method statement 8

Step 1. Work out what would be the person's rate of veteran payment if method statement 7 applied to the person: the result is called the notional income/assets tested rate .

Note: This is the only situation in which a blind person's veteran payment can be made subject to an income test or assets test (see point SCH6-A3).

Step 2. Work out the person's maximum basic rate using Module B below.

Step 3. Work out the amount of pension supplement using Module BA below.

Step 4. Add up the amounts obtained in steps 2 and 3: the result is called the maximum payment rate .

Step 5. Work out the amount per year (if any) payable by way of remote area allowance using Module G below.

Step 6. Add:

(a) the maximum payment rate; and

(b) any amount obtained under step 5.

The result is called the non-income/assets tested rate .

Step 7. Compare the notional income/assets tested rate and the non-income/assets tested rate: whichever is the greater is the person's rate of veteran payment .

Note 1: The rate of veteran payment for a day will be rounded to the nearest cent (see subsection 58A(5)).

Note 2: For the minimum amount of a fortnightly instalment of veteran payment, see subsection 58A(9).

471 Point SCH6-A3 of Schedule 6

Omit ", a permanently blind person's pension", substitute "or in method statement 8 (applicable in respect of permanently blind veteran payment recipients), a permanently blind person's service pension or veteran payment".

472 Point SCH6-B1 of Schedule 6 (heading)

Repeal the heading, substitute:

Maximum basic rate for service pension or income support supplement

473 Point SCH6-B1 of Schedule 6

After "A person's maximum basic rate", insert "for service pension or income support supplement".

474 Point SCH6-B1 of Schedule 6

Omit "Table B", substitute "Table B-1".

475 Point SCH6-B1 of Schedule 6 (table heading)

Repeal the heading, substitute:

Table B-1 - Maximum basic rates for service pension or income support supplement

476 At the end of Module B of Part 2 of Schedule 6

Add:

Maximum basic rate for veteran payment

SCH6-B2 A person's maximum basic rate for veteran payment depends on the person's family situation. Work out which family situation in Table B-2 applies to the person. The maximum basic rate is the corresponding amount in column 3.

Table B-2 - Maximum basic rates for veteran payment
Column 1 Item	Column 2 Person's family situation	Column 3 Rate per year $	Column 4 Rate per fortnight $
1	Not a member of a couple	23,764	914
	A member of an illness separated couple
	A member of a respite care couple
2	Partnered	18,553.60	713.60

Note 1: For member of a couple and partnered see section 5E, and for illness separated couple and respite care couple see subsections 5R(5) and (6).

Note 2: The maximum basic rates are adjusted 6-monthly in line with service pensions (see section 59LB).

477 At the end of point SCH6-BA2 of Schedule 6

Add:

Note: Section 60A applies to a person receiving a service pension or income support supplement (but does not apply to a person receiving a veteran payment).

478 Point SCH6-C1 of Schedule 6

Omit "or an income support supplement", substitute ", income support supplement or a veteran payment".

479 Point SCH6-C1 of Schedule 6

After "service pension" (last occurring), insert "or a veteran payment".

480 Point SCH6-C2 of Schedule 6

After "service pension", insert "or a veteran payment".

481 Paragraph SCH6-C5(b) of Schedule 6

Omit ", or social security pension", substitute ", a veteran payment or a social security pension".

482 Subparagraph SCH6-C5(c)(i) of Schedule 6

Omit "or social security pension", substitute ", a veteran payment or a social security pension".

483 Point SCH6-C9 of Schedule 6

Omit "or income support supplement rate", substitute ", income support supplement rate or veteran payment rate".

484 Point SCH6-C12 of Schedule 6

After "service pension", insert "or a veteran payment".

485 Point SCH6-E1 of Schedule 6 (paragraph (a) of the definition of ordinary/adjusted income)

After "service pension", insert "or veteran payment".

486 Point SCH6-E2 of Schedule 6 (method statement, step 2, note)

Omit "pension rate", substitute "rate of service pension, income support supplement or veteran payment".

487 Point SCH6-E11 of Schedule 6 (heading)

Repeal the heading, substitute:

Reduction for ordinary/adjusted income in excess of ordinary/adjusted income free area

488 Point SCH6-F1 of Schedule 6 (method statement, step 2, note)

Omit "pension rate", substitute "rate of service pension, income support supplement or veteran payment".

489 Point SCH6-F4 of Schedule 6 (heading)

Repeal the heading, substitute:

Reduction for assets in excess of assets value limit

490 Point SCH6-G1 of Schedule 6

Omit "included in a person's rate of pension", substitute "included in a person's rate of service pension, income support supplement or veteran payment".

491 Subparagraph SCH6-G1(a)(i) of Schedule 6

Omit "pension", substitute "service pension, income support supplement or veteran payment".

492 Subparagraphs SCH6-G1(a)(ii) and (iii) of Schedule 6

Omit "the person's rate of pension", substitute "in the case of service pension or income support supplement - the person's rate of service pension or income support supplement".

493 Paragraph SCH6-G4(b) of Schedule 6

Omit "an income support supplement,", substitute "income support supplement, a veteran payment,".

Part 3 Contingent amendments

Division 1 Provisions that may not commence

A New Tax System (Family Assistance) Act 1999

494 Subparagraphs 61A(1)(b)(ii) and (2)(b)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

Division 2 Other amendments

A New Tax System (Family Assistance) Act 1999

495 Subparagraph 61A(1)(a)(ii)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

496 Paragraph 61A(3)(b)

Omit "or income support supplement", substitute ", income support supplement or a veteran payment".

497 Subparagraph 85CJ(1)(d)(iv)

Omit "and", substitute "or".

498 At the end of paragraph 85CJ(1)(d)

Add:

(v) a veteran payment; and

Social Security Act 1991

499 At the end of section 22

Add:

Veteran payment

(8) If:

(a) a person begins to receive a veteran payment on a day; and

(b) on the day before that day the person was receiving another income support payment at a rate greater than nil and energy supplement was used to work out that rate;

then, for the purposes of this section, paragraph (1)(a) is taken to apply to the person on each day that the person is receiving that veteran payment.

Schedule 3 Coordinated Veterans' Care mental health pilot

Military Rehabilitation and Compensation Act 2004

1 At the end of Division 4 of Part 3 of Chapter 6

Add:

287A Provision of services under the Coordinated Veterans' Care mental health pilot

(1) Despite any other provision of this Part, a person is entitled to services under the program established by the Commonwealth and known as the Coordinated Veterans' Care mental health pilot only if:

(a) the person is included in a class of persons determined in an instrument under subsection (2); and

(b) the Commission has determined, in writing, that this section applies to the person.

(2) The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(a).

(3) Despite subsection 14(2) of the Legislation Act 2003, an instrument under subsection (2) of this section 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.

(4) A determination under paragraph (1)(b) is not a legislative instrument.

Veterans' Entitlements Act 1986

2 After section 90

Insert:

90AA Provision of services under the Coordinated Veterans' Care mental health pilot

(1) Despite section 90, a person is entitled to services under the program established by the Commonwealth and known as the Coordinated Veterans' Care mental health pilot only if:

(a) the person is included in a class of persons determined in an instrument under subsection (2); and

(b) the Commission has determined, in writing, that this section applies to the person.

(2) The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(a).

(4) A determination under paragraph (1)(b) is not a legislative instrument.

Schedule 4 Compensation for household and attendant care services where catastrophic injury or disease

Military Rehabilitation and Compensation Act 2004

1 Section 213 (heading)

Repeal the heading, substitute:

213 Definitions

2 Section 213

Before "In", insert "(1)".

3 Section 213

Insert:

Insert:

(da) a determination under subsection 213(2) (conditions for the purposes of the definition of catastrophic injury or disease in subsection 213(1));

10 Paragraphs 404(1)(f) and (g)

Repeal the paragraphs, substitute:

(f) paragraph 216(1)(b);

(g) paragraph 219(1)(b);

11 Application provision

The amendments of sections 216 and 219 of the Military Rehabilitation and Compensation Act 2004 made by this Schedule apply in relation to compensation in respect of a week beginning on or after the day on which the first instrument made under subsection 213(2) of that Act commences (whether the catastrophic injury or disease arose before, on or after the commencement of this item).

Schedule 5 Qualifying service

Veterans' Entitlements Act 1986

1 Paragraph 35(1)(a)

Omit "claims for", substitute "establishing".

2 Division 2 of Part III (heading)

Repeal the heading, substitute:

Division 2 - Establishing qualifying service

3 Subdivision A of Division 2 of Part III (heading)

Repeal the heading, substitute:

Subdivision A - Pathways to establishing qualifying service

4 Section 35B

Repeal the section, substitute:

35B Pathways to establishing qualifying service

(1) To establish that a veteran has rendered qualifying service:

(a) a proper claim must be made for a determination that the veteran has rendered such service; or

(b) there must be a determination in force under section 35BA in respect of the veteran.

Note 1: A veteran must have rendered qualifying service to be eligible for age service pension or invalidity service pension: see subsections 36(1) and 37(1).

Note 2: A claim is not required for a determination under section 35BA.

Note 3: For qualifying service see section 7A.

(2) To establish for the purposes of paragraph 38(1)(aa) or (e) that a person's partner or deceased partner has rendered qualifying service:

(a) a proper claim must be made for a determination that the person's partner or deceased partner has rendered such service; or

(b) there must be a determination in force under section 35BA in respect of the person's partner or deceased partner.

Note 1: For a person to be eligible for a partner service pension under paragraph 38(1)(aa) or (e), the person's partner or deceased partner needs to be a veteran who rendered qualifying service.

Note 2: A claim is not required for a determination under section 35BA.

Note 3: For qualifying service see section 7A.

35BA Commission determination without the need for a claim

(1) The Commission may make a written determination that a specified veteran has rendered qualifying service if the Commission is satisfied that the veteran has rendered such service.

Note 1: A claim is not required for a determination under this section.

Note 2: For qualifying service see section 7A.

(2) The Commission must give a copy of the determination to:

(a) the veteran; or

(b) the person described in paragraph 38(1)(aa) or (e) in relation to the veteran.

(3) A determination by the Commission under this section that a veteran has rendered qualifying service is proof, for all purposes of this Act, that the veteran has rendered qualifying service.

(4) A determination under this section is not a legislative instrument.

5 Section 35J

After "Commission", insert "under section 35H".

6 Saving provision

The amendments made by this Schedule do not affect the validity of a claim made under section 35B of the Veterans' Entitlements Act 1986 before the commencement of this item.

Schedule 6 Defence-related claims

Part 1 Amendments commencing the day after Royal Assent

Division 1 Amendments

Military Rehabilitation and Compensation Act 2004

1 Subsection 280A(2)

Omit "Safety, Rehabilitation and Compensation Act 1988", substitute "Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988".

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

2 Section 2

Repeal the section, substitute:

2 Commencement

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

12 October 2017.

12 October 2017

Note 1: 12 October 2017 was 28 days after the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 received the Royal Assent (see section 2 of and Schedule 1 to that Act).

Note 2: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Section 3

Omit "Subject to section 117, this", substitute "This".

4 Subsection 4(1) (definition of adoption)

Repeal the definition.

5 Subsection 4(1) (paragraph (a) of the definition of approved Guide)

Omit "Comcare", substitute "the MRCC".

6 Subsection 4(1) (definition of approved program provider)

Repeal the definition, substitute:

Repeal the definition, substitute:

rehabilitation authority , in relation to an employee and a defence-related claim, means the rehabilitation authority applicable under subsection 39(3) of the MRCA.

21 Subsection 4(1) (definition of relevant authority)

Repeal the definition, substitute:

relevant authority means:

(a) in relation to an employee by whom or in respect of whom a defence-related claim has been made, and in relation to dependants of the employee - the MRCC; or

(b) in relation to liability to pay an amount, a debt being due or the receipt of an amount - the Commonwealth.

22 Subsection 4(1) (paragraph (a) of the definition of suitable employment)

Omit "or a licensee".

23 Subsection 4(1) (paragraph (a) of the definitionof suitable employment)

Omit "or the licensed corporation, as the case may be".

24 Paragraph 4(9)(b)

Omit "or a licensed corporation".

25 Subsection 4(14)

Repeal the subsection.

26 Section 4A

Repeal the section.

27 Subsection 5(5)

Omit "Comcare, a licensed authority or a licensed corporation", substitute "the MRCC".

28 Subsection 5B(1) (definition of disease)

Omit "or a licensee".

29 Subsection 5B(2)

Omit "or a licensee".

30 Subsection 6(1)

Omit "or a licensee" (wherever occurring).

31 Subsection 6(1C)

Omit "or a licensee".

32 Paragraph 7(1)(c)

Omit "or a licensed corporation".

33 Subsections 7(2), (3) and (7)

Omit "or a licensed corporation".

34 Paragraph 7(9)(c)

Omit ", a Commonwealth authority or a licensed corporation".

35 Subsection 8(3)

Omit "or a licensed corporation".

36 Subsection 8(3)

Omit "or the licensed corporation".

37 Subsection 8(4)

Omit "or a licensed corporation".

38 Subsection 8(5)

Omit "Comcare", substitute "the MRCC".

39 Subsection 8(6)

Omit "or a licensed corporation".

40 Paragraph 8(7)(a)

Omit "or a licensed corporation".

41 Subsection 8(8)

Omit "Comcare", substitute "the MRCC".

42 Subsections 8(9) and (9B)

Omit "or a licensed corporation".

43 Paragraphs 8(10)(a) and (b)

Omit "or a licensed corporation".

44 Subparagraph 8(10)(b)(i)

Omit "or the licensed corporation".

45 Subparagraph 8(10)(b)(ii)

Omit "or the licensed corporation" (wherever occurring).

46 Subsections 9(1) and (2)

Omit "or a licensed corporation".

47 Paragraph 9(3)(b)

Omit "or a licensed corporation".

48 Section 11

Omit "that authority" (last occurring), substitute "the MRCC".

49 Subsection 14(1)

Omit "Comcare", substitute "the Commonwealth".

50 Paragraph 15(1)(a)

Omit "or a licensed corporation".

51 Subsection 15(1)

Omit "Comcare", substitute "the Commonwealth".

52 Subsection 16(1)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

53 Subsection 16(1)

Omit "Comcare determines", substitute "the MRCC determines".

54 Subsection 16(4)

Omit "Comcare", substitute "the Commonwealth".

55 Subsection 16(6)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

56 Paragraph 16(6)(c) (definition of numbers of kilometres travelled)

Omit "Comcare", substitute "the MRCC".

57 Subsection 16(7)

Omit "Comcare is not liable", substitute "The Commonwealth is not liable".

58 Subsection 16(8)

Omit "Comcare shall", substitute "the MRCC must".

59 Subsection 16(9)

Omit "Comcare", substitute "the Commonwealth".

60 Subsection 17(3)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

61 Subsection 17(3)

Omit "Comcare for", substitute "the MRCC for".

62 Paragraph 17(4)(a)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

63 Paragraph 17(4)(a)

Omit "Comcare determines", substitute "the MRCC determines".

64 Paragraph 17(4)(b)

Omit "Comcare for", substitute "the MRCC for".

65 Subsection 17(5)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

66 Subsection 17(5)

Omit "Comcare for", substitute "the MRCC for".

67 Subsection 17(8)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

68 Subsection 17(10)

Omit "Comcare", substitute "the MRCC".

69 Subsection 18(1)

Omit "Comcare", substitute "the Commonwealth".

70 Subsection 18(2)

Omit "Comcare", substitute "the MRCC".

71 Subsections 19(2) and (3)

Omit "Comcare", substitute "the Commonwealth".

72 Subsection 19(4)

Omit "Comcare shall", substitute "the MRCC must".

73 Paragraph 19(4)(f)

Omit "Comcare's opinion", substitute "the opinion of the MRCC".

74 Paragraph 19(4)(g)

Omit "Comcare", substitute "the MRCC".

75 Subsections 20(2), 21(2) and 21A(2)

Omit "Comcare", substitute "The Commonwealth".

76 Subsection 22(1)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

77 Subsection 22(1)

Omit "determined by Comcare", substitute "determined by the MRCC".

78 Section 23A

Repeal the section.

79 Subsection 24(1)

Omit "Comcare", substitute "the Commonwealth".

80 Subsections 24(2) and (3)

Omit "Comcare", substitute "the MRCC".

81 Subsection 24(4)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

82 Subsection 24(5)

Omit "Comcare", substitute "The MRCC".

83 Paragraphs 24(7)(b) and (7A)(b)

Omit "Comcare", substitute "the MRCC".

84 Section 25

Omit "Comcare" (wherever occurring), substitute "the MRCC".

85 Paragraph 26(4)(a)

Omit "Comcare", substitute "the MRCC".

86 Subsection 27(1)

Omit "Comcare", substitute "the Commonwealth".

87 Subsection 27(2)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

88 Subsections 28(1) and (2)

Omit "Comcare", substitute "The MRCC".

89 Subsection 28(4)

Omit "Comcare, a licensee", substitute "the MRCC".

90 Subsection 28(4)

Omit "Comcare, the licensee", substitute "the MRCC".

91 Subsection 28(6)

Omit "Comcare", substitute "the MRCC".

92 Subsection 28(8)

Omit "Comcare", substitute "The MRCC".

93 Subsection 29(1)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

94 Subsection 29(1)

Omit "Comcare considers", substitute "the MRCC considers".

95 Subsection 29(2)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

96 Subsection 29(3)

Omit "Comcare", substitute "the Commonwealth".

97 Subsection 29(4)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

98 Subsection 29(5)

Omit "Comcare is not liable", substitute "The Commonwealth is not liable".

99 Subsection 29(5)

Omit "Comcare determines", substitute "the MRCC determines".

100 Subsections 29(6) and (7)

Omit "Comcare", substitute "the Commonwealth".

101 Subsection 29A(1)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

102 Subsection 29A(1)

Omit "Comcare considers", substitute "the MRCC considers".

103 Subsection 29A(2)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

104 Subsection 29A(3)

Omit "Comcare is liable", substitute "the Commonwealth is liable".

105 Subsection 29A(3)

Omit "Comcare considers", substitute "the MRCC considers".

106 Subsection 29A(4)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

107 Subsections 29A(5) and (6)

Omit "Comcare", substitute "the Commonwealth".

108 Paragraph 30(1)(a)

Omit "Comcare", substitute "the Commonwealth".

109 Paragraph 30(1)(c)

Omit "Comcare", substitute "the MRCC".

110 Subsection 30(1)

Omit "Comcare shall", substitute "the MRCC must".

111 Subsection 30(1)

Omit "its liability", substitute "the liability of the Commonwealth".

112 Subsection 31(1)

Omit "Comcare", substitute "the Commonwealth".

113 Subsection 32(1)

Omit "liability of Comcare", substitute "liability of the Commonwealth".

114 Paragraph 32(1)(a)

Omit "Comcare", substitute "the MRCC".

115 Subsection 32(2)

Omit "Comcare", substitute "the Commonwealth".

116 Paragraph 33(2)(d)

Omit "Part; or", substitute "Part.".

117 Paragraph 33(2)(e)

Repeal the paragraph.

118 Section 38 (heading)

Repeal the heading, substitute:

38 Review of certain determinations by the MRCC

119 Section 38

Omit "Comcare" (wherever occurring), substitute "the MRCC".

120 Subsection 40(1)

Omit "(1)".

121 Subsection 40(1)

Omit "the relevant employer", substitute "the Commonwealth".

122 Subsection 40(2)

Repeal the subsection.

123 Subsection 41(1)

Omit "Comcare", substitute "The MRCC".

124 Subsection 41A(1)

Repeal the subsection, substitute:

(1) A rehabilitation authority who is the principal officer of an Entity may, in writing, delegate to an officer of, or a person employed by, that Entity all or any of the powers and functions of the rehabilitation authority under this Part.

125 Section 43

Omit "Comcare" (wherever occurring), substitute "the MRCC".

126 Subsection 44(1)

Omit ", a Commonwealth authority, a licensed corporation".

127 Paragraph 44(1)(a)

Omit ", Commonwealth authority or licensed corporation".

128 Subsection 44(3)

Omit ", a Commonwealth authority, a licensed corporation".

129 Paragraph 45(1)(b)

Omit ", a Commonwealth authority, a licensed corporation".

130 Subsection 45(1)

Omit ", the Commonwealth authority, the licensed corporation".

131 Paragraph 45(2)(a)

Omit ", the Commonwealth authority, the licensed corporation".

132 Subsection 45(5)

Omit ", a Commonwealth authority, a licensed corporation".

133 Paragraph 46(1)(b)

Omit ", a Commonwealth authority, a licensed corporation".

134 Subsection 46(1)

Omit "Comcare", substitute "the MRCC".

135 Paragraph 47(1)(b)

Omit ", a Commonwealth authority, a licensed corporation".

136 Subsection 47(1)

Omit "Comcare", substitute "the MRCC".

137 Subsection 48(2)

Omit "Comcare", substitute "the MRCC".

138 Subsection 48(3)

Omit "Comcare", substitute "the Commonwealth".

139 Paragraph 48(5)(a)

Omit "Comcare", substitute "the MRCC".

140 Paragraph 48(5)(b)

Omit "Comcare's taking over the conduct of a claim under that section", substitute "the taking over by the MRCC of the conduct of a claim under that section".

141 Subsection 48(7)

Omit "Comcare", substitute "the MRCC".

142 Paragraph 48(8)(a)

Repeal the paragraph.

143 Paragraph 48(8)(b)

Omit "Comcare", substitute "the MRCC".

144 Subsections 49(2) and (3)

Omit "Comcare", substitute "the Commonwealth".

145 Subparagraph 49(5)(a)(i)

Omit "Comcare", substitute "the Commonwealth".

146 Paragraph 49(5)(b)

Omit "Comcare", substitute "the Commonwealth".

147 Subsections 50(1) and (2)

Omit "Comcare", substitute "the MRCC".

148 Subsection 50(2)

Omit "it becomes", substitute "the Commonwealth becomes".

149 Subsections 50(3) and (4)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

150 Paragraph 50(4A)(a)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

151 Paragraph 50(4A)(b)

Omit "Comcare", substitute "the MRCC".

152 Subsection 50(4B)

Omit "Comcare proposes", substitute "the MRCC proposes".

153 Paragraph 50(4B)(a)

Omit "Comcare", substitute "the MRCC".

154 Subsection 50(5)

Omit "Comcare makes", substitute "the MRCC makes".

155 Paragraph 50(5)(a)

Omit "Comcare", substitute "the MRCC".

156 Subsection 50(7)

Omit "taken over by Comcare", substitute "taken over by the MRCC".

157 Subsection 50(7)

Omit "to Comcare and Comcare", substitute "to the Commonwealth and the Commonwealth".

158 Paragraph 50(7)(b)

Omit "Comcare", substitute "the Commonwealth".

159 Subsection 50(7)

Omit "Comcare must pay", substitute "The Commonwealth must pay".

160 Subsection 50(8)

Omit "Comcare" (wherever occurring), substitute "the Commonwealth".

161 Section 51 (heading)

Repeal the heading, substitute:

51 Payment of damages by persons to the Commonwealth

162 Subsection 51(1)

Omit "Comcare may", substitute "the MRCC may".

163 Subsection 51(1)

Omit "to Comcare" (wherever occurring), substitute "to the Commonwealth".

164 Subsection 51(2)

Omit "Comcare may", substitute "the MRCC may".

165 Subsection 51(2)

Omit "to Comcare" (wherever occurring), substitute "to the Commonwealth".

166 Subsection 51(4)

Omit "an amount to Comcare", substitute "an amount to the Commonwealth".

167 Subsection 51(4)

Omit "Comcare may recover", substitute "the MRCC may, on behalf of the Commonwealth, recover".

168 Subsection 51(4)

Omit "due to Comcare", substitute "due to the Commonwealth".

169 Subsection 51(5)

Omit "Comcare" (wherever occurring), substitute "the Commonwealth".

170 Section 52A (heading)

Repeal the heading, substitute:

52A The Commonwealth's rights and obligations in respect of certain action for non-economic loss

171 Paragraph 52A(1)(a)

Omit "Comcare", substitute "the Commonwealth".

172 Subsection 52A(2)

Omit "Comcare", substitute "The MRCC".

173 Paragraph 52A(2)(b)

Omit "Comcare", substitute "the MRCC".

174 Subsection 52A(3)

Omit "Comcare", substitute "the MRCC".

175 Subsections 52A(4) and (5)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

176 Paragraph 52A(6)(a)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

177 Paragraph 52A(6)(b)

Omit "Comcare", substitute "the MRCC".

178 Subsection 52A(7)

Omit "Comcare" (first occurring), substitute "the MRCC".

179 Paragraph 52A(7)(a)

Omit "Comcare", substitute "the MRCC".

180 Subsection 52A(8)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

181 Subsection 52A(9)

Omit "Comcare", substitute "the MRCC".

182 Subsection 52A(10)

Omit "Comcare" (first occurring), substitute "the MRCC".

183 Subsection 52A(10)

Omit "Comcare" (second occurring), substitute "the Commonwealth".

184 Paragraphs 54(2)(a) and (b)

Omit "Comcare", substitute "the MRCC".

185 Subsection 54(4)

213 Paragraph 67(11)(a)

Omit "the authority", substitute "the MRCC".

214 Paragraph 67(11)(a)

Omit "Comcare or authority", substitute "the MRCC".

215 Subparagraphs 67(11)(b)(ii) and (iii)

Omit "the authority", substitute "the MRCC".

216 Subsection 67(13)

Omit "a responsible authority", substitute "the Commonwealth".

217 Subsection 67(14)

Omit "responsible authority", substitute "Commonwealth".

218 At the end of section 110

Add:

(5) The MRCC may establish trust funds for the purposes of this section.

219 Subsection 111(2)

Omit "(2A),".

220 Subsection 111(2)

Omit "a relevant authority", substitute "the Commonwealth".

221 Subsection 111(2A)

Repeal the subsection.

222 Subsection 111(5)

Omit "a relevant authority", substitute "the Commonwealth".

223 Subsection 112(1)

Omit "a relevant authority", substitute "the Commonwealth".

224 Subsection 112(2)

Omit "or a relevant authority".

225 Paragraph 112A(1)(a)

Omit "Comcare", substitute "the Commonwealth".

226 Subsection 112A(2)

Omit "Comcare may", substitute "The MRCC may, on behalf of the Commonwealth,".

227 Subsection 112A(3)

Omit "Comcare", substitute "the MRCC".

228 Subsection 112A(4)

Omit "Subject to section 23A, the", substitute "The".

229 Subsection 112A(4) (note)

Repeal the note.

230 Subsection 112A(5)

Omit "Comcare", substitute "the Commonwealth".

231 Paragraph 112B(1)(a)

Omit "Comcare", substitute "the Commonwealth".

232 Subsection 112B(2)

Omit "Comcare may", substitute "The MRCC may, on behalf of the Commonwealth,".

233 Subsection 112B(3)

Omit "Comcare", substitute "the MRCC".

234 Subsection 112B(4)

Omit "Subject to section 23A, the", substitute "The".

235 Subsection 112B(4) (note)

Repeal the note.

236 Subsection 112B(5)

Omit "Comcare", substitute "the Commonwealth".

237 Section 113 (heading)

Repeal the heading, substitute:

113 Recovery of amounts due to the Commonwealth

238 Paragraph 113(a)

Omit "a relevant authority", substitute "the Commonwealth".

239 Paragraph 113(b)

Omit "relevant authority", substitute "Commonwealth".

240 Section 113

Omit "relevant authority shall", substitute "Commonwealth must".

241 Section 113

Omit "shall realise", substitute "must realise".

242 Section 113

Omit "to the relevant authority and of the relevant authority", substitute "to the Commonwealth and of the Commonwealth".

243 Section 114A (heading)

Repeal the heading, substitute:

114A Notice to the MRCC of retirement of employee

244 Paragraph 114A(1)(a)

Repeal the paragraph, substitute:

(a) an employee of the Commonwealth is receiving, or is entitled to receive, compensation under this Act; and

245 Subsection 114A(1)

Omit "Comcare stating", substitute "the MRCC stating".

246 Paragraph 114B(1)(c)

Repeal the paragraph, substitute:

(c) the MRCC is of the opinion that the retired employee may have been paid, or might be paid, amounts of compensation under this Act in excess of the amounts that he or she was entitled to receive because of section 20, 21 or 21A;

247 Subsection 114B(2)

Omit "Comcare or the authority, as the case may be,", substitute "The MRCC".

248 Paragraph 114B(2)(a)

Repeal the paragraph, substitute:

(a) stating that the retired employee may receive, or may have received, an overpayment of compensation; and

249 Paragraph 114B(2)(b)

Omit "Comcare or the authority", substitute "the MRCC".

250 Subparagraphs 114B(2)(c)(i) and (ii)

Omit "Comcare or the authority", substitute "the MRCC".

251 Subsection 114B(3)

Omit "Comcare or the authority, as the case may be,", substitute "The MRCC".

252 Subsection 114B(5)

Omit "Comcare or a licensed authority receives", substitute "the MRCC receives".

253 Subsection 114B(5)

Omit "Comcare or the authority, as the case may be,", substitute "the MRCC".

254 Subparagraph 114B(5)(b)(ii)

Omit "Comcare or the authority", substitute "the MRCC".

255 Subsection 114B(6)

Omit "Comcare or a licensed authority", substitute "The MRCC".

256 Subsection 114B(8)

Omit "Comcare or the licensed authority", substitute "the MRCC".

257 Subsections 114B(9), (10) and (11)

Omit "Comcare or the authority", substitute "the MRCC".

258 Subsection 114B(12)

Omit "Comcare or a licensed authority", substitute "the MRCC".

259 Paragraph 114B(12)(b)

Omit "Comcare or the authority, as the case may be", substitute "the MRCC".

260 Subsection 114B(13)

Omit "Comcare or a licensed authority", substitute "the MRCC".

261 Subsection 114B(15) (definition of working day)

Omit "Comcare or a licensed authority", substitute "the MRCC".

262 Section 114C (heading)

Repeal the heading, substitute:

114C The MRCC may write off debt

263 Subsection 114C(1)

Omit "Comcare may", substitute "The MRCC may, on behalf of the Commonwealth,".

264 Subsection 114C(1)

Omit "to Comcare", substitute "to the Commonwealth".

265 Subsection 114C(2) (note)

Omit "Comcare", substitute "the MRCC".

266 Section 114D (heading)

Repeal the heading, substitute:

114D The MRCC may waive debt

267 Subsection 114D(1)

Omit "Comcare may", substitute "The MRCC may, on behalf of the Commonwealth,".

268 Subsection 114D(1)

Omit "its right", substitute "the Commonwealth's right".

269 Subsection 114D(1)

Omit "to Comcare", substitute "to the Commonwealth".

270 Subsection 114D(2)

Omit "Comcare", substitute "the MRCC".

271 Paragraph 114D(3)(a)

Omit "Comcare", substitute "the MRCC".

272 Subsection 114D(5)

Omit "Comcare", substitute "the MRCC".

273 Subsection 114D(5) (note)

Omit "Comcare", substitute "the MRCC".

274 Section 117

Repeal the section.

275 Subsection 118(2)

Omit "a relevant authority", substitute "the Commonwealth".

276 Subsection 118(2)

Omit "the relevant authority may recover", substitute "the MRCC may, on behalf of the Commonwealth, recover".

277 Subsection 118(2)

Omit "paid by it", substitute "paid by the Commonwealth".

278 Subsection 118(2)

Omit "the authority", substitute "the Commonwealth".

279 Subsection 118(3)

Omit "A relevant authority that has received a claim", substitute "If the MRCC has received a claim, the MRCC".

280 Subsection 119(3)

Omit "by a relevant authority", substitute "by the Commonwealth".

281 Subsection 119(3)

Omit "to the relevant authority", substitute "to the Commonwealth".

282 Paragraph 119(4)(a)

Omit "a relevant authority", substitute "the Commonwealth".

283 Paragraph 119(4)(d)

Omit "the relevant authority", substitute "the Commonwealth".

284 Subsection 119(4)

Omit "debtor to the relevant authority", substitute "debtor to the Commonwealth".

285 Subsection 119(6)

Omit "the relevant authority", substitute "the Commonwealth".

286 Subsection 120(1)

Omit "a relevant authority", substitute "the Commonwealth".

287 Subsection 120(2)

Omit "the relevant authority", substitute "the MRCC".

288 Subsection 120(3)

Omit "the relevant authority" (wherever occurring), substitute "the MRCC".

289 Subsection 120(4)

Omit "the relevant authority", substitute "the MRCC".

290 Section 121A

Repeal the section.

291 Subsection 122A(1)

Omit "Minister", substitute "MRCC".

292 Section 124A

Repeal the section.

293 Subsection 125(1)

Omit ", or of a Commonwealth authority,".

294 Subsection 125(1)

Omit "the relevant authority", substitute "the Commonwealth".

295 Subsection 125(1)

Omit "the corresponding liability of that relevant authority", substitute "its corresponding liability".

296 Subsection 125(2)

Omit ", or of a Commonwealth authority,".

297 Subsection 125(2)

Omit "the corresponding liability of the relevant authority", substitute "its corresponding liability".

298 Subsection 127(1)

Omit ", or of a Commonwealth authority,".

299 Subsection 127(1)

Omit "by the relevant authority", substitute "by the MRCC".

300 Subsection 127(1)

Omit "of the relevant authority", substitute "of the Commonwealth".

301 Subsection 127(2)

Omit "by the relevant authority", substitute "by the MRCC".

302 Subsection 127(2)

Omit "of that relevant authority", substitute "of the Commonwealth".

303 Section 128

Omit ", or of a Commonwealth authority,".

304 Section 128

Omit "relevant authority", substitute "Commonwealth".

305 Section 128A

Repeal the section.

306 Paragraph 129(1)(aa)

Omit "Comcare", substitute "the MRCC".

307 Subsection 129(3)

Omit "Comcare", substitute "the MRCC".

308 Subsection 129A(1)

Omit "Comcare may", substitute "The MRCC may".

309 Paragraph 129A(1)(b)

Omit "Comcare", substitute "the MRCC".

310 Subsection 129A(2)

Omit "Comcare" (wherever occurring), substitute "the MRCC".

311 Subsection 132A(4)

Omit "Comcare", substitute "the MRCC".

312 Paragraph 137(1)(a)

Omit "a relevant authority", substitute "the Commonwealth".

313 Paragraph 137(1)(c)

Omit "relevant authority", substitute "MRCC".

314 Subsection 137(1)

Omit "relevant authority must", substitute "MRCC must".

315 Subsection 137(1)

Omit "its liability", substitute "the liability of the Commonwealth".

316 Section 140

Omit:

This Part also modifies the operation of this Act in relation to the Safety, Rehabilitation and Compensation Commission and in relation to the liabilities of Comcare and the Commonwealth for members of the Defence Force.

317 Subsection 143(1)

Omit "(1)".

318 Subsections 143(2), (3) and (4)

Repeal the subsections.

319 Subsection 144B(1)

Omit " SRCA injury ", substitute " DRCA injury ".

320 Paragraphs 144B(1)(a) and (b)

Omit "SRCA injury", substitute "DRCA injury".

321 Subparagraphs 144B(1)(c)(i), (ii) and (iii)

Omit "SRCA injury", substitute "DRCA injury".

322 Subsections 144B(2) and (3)

Omit "SRCA injury" (wherever occurring), substitute "DRCA injury".

323 Subsection 144B(5)

Omit "SRCA injury", substitute "DRCA injury".

324 Subsection 146(1)

Repeal the subsection.

325 Section 147

Repeal the section, substitute:

147 Notice to the Chief of the Defence Force

Section 61 applies as if it requires the determining authority to give a copy of the notice to the Chief of the Defence Force if the determination relates to liability for an injury, disease or death, or the permanent impairment, of a person who was a member of the Defence Force:

(a) for an injury, disease or permanent impairment - at the time when the determination was made; or

(b) for a death - at the time of death.

326 Before subsection 151A(2)

Insert:

(1B) The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to the Chief of the Defence Force for a purpose relating to the reconsideration or review under Part VI of a determination made underthis Act about acceptance of liability for an injury, disease or death.

327 Paragraphs 151A(2)(a) and (b)

Omit "or (1A)", substitute ", (1A) or (1B)".

328 Section 153

Repeal the section.

329 Division 4 of Part XI

Repeal the Division.

Division 2 Application provisions

330 Application provisions

(1) Section 147 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988,as inserted by this Schedule, applies in relation to notices given at or after the commencement of this item.

(2) The amendments of section 151A of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 made by this Schedule apply in relation to disclosures of information on or after the commencement of this item (whether the information was obtained before, on or after that commencement).

Part 2 Other amendments

Safety, Rehabilitation and Compensation Act 1988

331 After section 42

Insert:

43 Certain persons may request cessation of compensation payments

(1) If compensation under this Act is payable to, or for the benefit of, a person who is:

(a) a member of a Peacekeeping Force, for the purposes of Part IV of the Veterans' Entitlements Act 1986; or

(b) a dependant of such a member;

the person may, by notice in writing to Comcare, request that an amount (the compensation amount ) of compensation under this Act to which the person is entitled, or may become entitled, not be paid to, or for the benefit of, the person.

(2) When Comcare receives the request, the compensation amount:

(a) ceases to be payable at the time of that receipt; and

(b) if the amount would become payable during the period when the request is in force, does not become payable.

(3) The person may, by notice in writing to Comcare, revoke the request.

(4) The revocation:

(a) has effect on the receipt of the notice by Comcare; and

(b) does not revive any entitlement to the compensation amount, as a result of making the request.

(5) A person who is under a legal disability (the first person ) may not make or revoke a request but a request may be made or revoked on his or her behalf by another person who Comcare is satisfied represents the first person's interests.

(6) A request or revocation made on behalf of the first person is taken to have been made by that person.

332 Application provision

Section 43 of the Safety, Rehabilitation and Compensation Act 1988, as inserted by this Schedule, applies in relation to requests or revocations given before, at or after the commencement of this item.

Schedule 7 Specialist Medical Review Council

Veterans' Entitlements Act 1986

1 Paragraph 196B(7A)(c)

Omit "the Council", substitute "the Review Council".

2 Subsections 196B(10) and (11)

Omit "the Council", substitute "the Review Council".

3 Subsection 196B(11) (note 2)

Omit "the Council", substitute "the Review Council".

4 Subsection 196B(12)

Omit "the Council", substitute "the Review Council".

5 Subsection 196B(12) (note 2)

Omit "the Council", substitute "the Review Council".

6 Section 196K

Omit "the Council", substitute "the Review Council".

7 Section 196V (heading)

Repeal the heading, substitute:

196V Establishment of Specialist Medical Review Council

8 Section 196VA (heading)

Repeal the heading, substitute:

196VA Application of the Public Governance, Performance and Accountability Act 2013 to the Review Council

9 Subsections 196W(2) to (8)

Omit "Council" (wherever occurring), substitute "Review Council".

10 Subsection 196X(2)

Omit "Council", substitute "Review Council".

11 Subsection 196ZA(1)

Omit "the Council", substitute "the Review Council".

12 Subsections 196ZB(1), (2) and (3)

Omit "the Council" (wherever occurring), substitute "the Review Council".

13 Subsections 196ZC(1) and (2)

Omit "the Council", substitute "the Review Council".

14 Subsection 196ZE(1)

Omit "the Council", substitute "the Review Council".

15 Subsections 196ZK(2) and (3)

Omit "the Council", substitute "the Review Council".

16 Subsections 196ZK(4) to (7)

Omit "Council" (wherever occurring), substitute "Review Council".

17 Section 196ZM

Omit "the Council", substitute "the Review Council".

Schedule 8 Other amendments

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

1 Paragraph 7(1)(a)

Repeal the paragraph, substitute:

(a) is:

(i) a nuclear test participant; or

(ii) a British Commonwealth Occupation Force participant; or

(iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and

Veterans' Entitlements Act 1986

2 Subsection 37E(1)

Omit "he has turned 65 or she has reached pension age (within the meaning of subsections 5QB(3), (4) and (5))", substitute "he or she has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5))".

3 Subparagraph 63B(1)(a)(ii)

Omit "concession card requirement", substitute "concession requirement".

4 Section 63D (heading)

Repeal the heading, substitute:

63D The concession requirement

5 Subsection 63D(1)

Omit "concession card requirement", substitute "concession requirement".

6 At the end of subsection 63D(1)

Add:

; or (c) under section 53A, the person is eligible for fringe benefits on that day.

7 Paragraph 63D(2)(a)

Repeal the paragraph.

8 Application provision

The amendments of sections 63B and 63D of the Veterans' Entitlements Act 1986 made by this Schedule apply in relation to the following:

(a) the income year in which this item commences, where the EMEP test day is on or after the day this item commences;

(b) each later income year.