VadeLab

Veterans' Entitlements Act 1986

Sections and provisions with full text and the judgments that cite each one.

Section 196Y — Request for review of contents of Statement of Principles etc.

(1) Subject to subsection (2), any of the following: (a) the Commission; (aa) the Military Rehabilitation and Compensation Commission; (b) a person eligible to make a claim for a pension under Part…

Section 196Z — Request for review of decision of Repatriation Medical Authority not to carry out an investigation

(1) If: (a) a person or organisation asks the Repatriation Medical Authority under section 196E to review: (i) some or all of the contents of a Statement of Principles in respect of a particular kind…

Section 197 — Pensions etc. not for certain members of the Defence Force

(1) A male indigenous inhabitant of the Territory of Papua or the Territory of New Guinea who served in the Defence Force during World War 2 at a rate of pay less than the minimum rate of pay that…

Section 197A — Saving and transitional provisions

The saving and transitional provisions in Schedule 5 have effect according to their terms.

Section 198 — Variation of rates of certain pensions

Definitions (1) In this section, unless the contrary intention appears: above general rate means the following rates: (a) the rate under subsection 22(4); (b) the rate under subsection 23(4); (c) the…

Section 198A — Variation of rates of orphan’s pension

(1) In this section, unless the contrary intention appears: index number, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital…

Section 198FA — Indexation of Victoria Cross allowance

(1) In this section, unless the contrary intention appears: index number, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital…

Section 198FAA — Indexation of seniors health card income limit

(1) This section applies to the dollar amount mentioned in column 3 of item 1, 2, 3 or 4 of the table in point 118ZZA-11. (2) That dollar amount, for an indexation day on which the indexation factor…

Section 198GA — 1 July 2000 increase in rent assistance amounts

(1) This section applies to an amount (the base amount) of rent assistance that is provided for in column 4 of the table in subpoint SCH6-C8(1). Note: Amounts provided for in column 4 of the table in…

Section 198MA — Adjustment of indexation factor under section 59D for limited time on and after 20 March 2013 for certain purposes

Application (1) This section applies for purposes connected with the following payments on or after 20 March 2013: (a) a service pension; (b) seniors supplement; (c) a pension under Part II or IV at…

Section 198FB — Rates for service pension and income support supplement increased on 20 September 2009

Maximum basic rate for single person (1) This Act has effect as if, on 20 September 2009, the indexed amount substituted under section 59C for the amount specified in column 3 of item 1 of the table…

Section 198MB — Adjustment of living cost indexation factor for limited time on and after 20 March 2013 for certain purposes

Application (1) This section applies for purposes connected with the following payments on or after 20 March 2013: (a) a service pension; (b) a pension under Part II or IV at a rate determined under…

Section 198D — Variation of rates of certain allowances etc.

(1) In this section, unless the contrary intention appears: brought-forward CPI indexation amount for a year commencing on or after 20 September 2013 means 0.007 less any reduction made under…

Section 198E — Variation of amount of essential medical equipment payment

(1) This section applies to the dollar amount mentioned in section 63G (essential medical equipment payment). (2) That dollar amount, for an indexation day on which the indexation factor is greater…

Section 198F — Indexation of veterans supplement

(1) This section applies to the dollar amount mentioned in the following provisions: (a) section 118C; (b) section 118D. (2) The dollar amount mentioned in that provision, for an indexation day on…

Section 198G — 1 July 2000 increase in certain amounts

(1) This section applies to an amount (the base amount) that is provided for in a provision listed in column 2 of Table A. Note: Amounts provided for in provisions listed in Table A are amounts as…

Section 198H — Adjustment of amounts following 1 July 2000 increase

(1) If an amount (the affected amount) is: (a) an amount described in the table in section 198G that is indexed under Division 18 of Part IIIB or under section 198, 198A, 198D or 198F; or (b) the…

Section 198J — 1 July 2000 increase in income test free area

(1) This section applies to an amount (the base amount) that is provided for in item 1, 2 or 3 of column 3 of the table in point SCH6-E6. (2) This Act has effect as if, on 1 July 2000, the base…

Section 198K — 1 July 2000 increase in assets test free area

(1) This section applies to an amount (the base amount) that is provided for in: (a) item 1 or 2 of column 3A of the table in point SCH6-F3; or (b) item 2 of column 3B of the table in point SCH6-F3.…

Section 198L — 1 July 2000 increase in income/assets reduction limit

(1) This section applies to an amount (the base amount) that is provided for in column 3 or 5 of the table in subsection 53E(2). (2) This Act has effect as if, on 1 July 2000, the base amount were…

Section 198M — Rounding off provisional replacement amounts

(1) If a provisional replacement amount is a multiple of the rounding base, the provisional replacement amount is the replacement amount. (2) If a provisional replacement amount is not a multiple of…

Section 198N — Cancellation of entitlement to pension

(1) This section applies if, because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986, a pension is payable to a person,…

Section 199 — Appropriation

The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of: (a) pensions granted under Part II, III, IIIA or IV; and (aa) veteran payments; and (b) medical and other…

Section 200 — Commission may accept contributions

(1) The Commission may accept from a person contributions of money and other property made to it: (a) for a purpose specified by the person, if application of the money or other property for that…

Section 201 — Commission may administer trusts

(1) Subject to this section, the Commission may be appointed, and may in its corporate name, act as, trustee: (a) under a will, settlement or other instrument creating a trust for the benefit of…

Section 202 — Appointment of trustees

(1) Where the Commission is satisfied that, having regard to the age, infirmity, ill health or improvidence of a person (the primary person), it is desirable that payment of a pension, veteran…

Section 202A — Commission or public servant acting as trustee

(1) This section applies where, by virtue of an instrument in force under subsection 202(1), the trustee of instalments of the pension, veteran payment or allowance payable to a person is: (a) the…

Section 202B — Other person acting as trustee

(1) This section applies where, by virtue of an instrument in force under subsection 202(1), the trustee of instalments of the pension, veteran payment or allowance payable to a person is a person…

Section 203 — International arrangements

(1) The Minister may, on behalf of the Commonwealth, enter into an arrangement with a foreign country, being an arrangement: (a) that relates to reciprocity in veterans’ affairs matters; and (b) that…

Section 204 — Debt recovery relating to payment of comparable foreign pension

(1) This section applies if: (a) an amount (the affected amount) was paid to a person by way of a service pension, income support supplement or a veteran payment in respect of a particular period;…

Section 205 — Recovery of overpayments

(1) This section applies where: (a) in consequence of a false statement or representation, or of a failure or omission to comply with this Act, the regulations or any other legislative instrument…

Section 205A — Commission may take action in relation to money owing to pensioners

(1) Where a person (in this subsection called the pensioner) is indebted to the Commonwealth under or as a result of this Act, the Commission may, by notice in writing given to a person: (a) by whom…

Section 205AA — Recovery of overpayment by deduction from other pension, benefit or allowance

Where: (a) a pension, veteran payment or allowance (the new payment) becomes payable, or becomes payable at an increased rate, to a person under this Act from a date (in this section called the…

Section 205AAA — Notices in respect of debt

(1) If: (a) a recoverable amount has not been wholly paid to the Commonwealth; and (b) the right of the Commonwealth to recover the outstanding amount has not been waived under paragraph 206(1)(b);…

Section 205AAB — Interest on debt

(1) This section applies to a person who: (a) receives a further notice given under subsection 205AAA(3); and (b) is not in receipt of a pension, allowance or other pecuniary benefit under this Act…

Section 205AB — Recovery of certain amounts from financial institutions

(1) If: (a) a payment or payments of a pension, benefit or other pecuniary amount are made to a financial institution for the credit of an account kept with the institution; and (b) the Commission is…

Section 205B — Certain decisions of Commission reviewable under Social Security Act etc.

(1) This section applies to the following decisions of the Commission made in relation to an amount paid, or purported to have been paid, by way of pension, allowance or other pecuniary benefit under…

Section 205AAC — Determination that interest not to be payable

(1) The Commission may determine that interest is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a recoverable amount. (1A) The Commission…

Section 205AAD — Administrative charge

(1) When a person first becomes liable to pay interest under section 205AAB in respect of the outstanding amount of a particular recoverable amount, the person is liable to pay an administrative…

Section 205AAE — Penalty interest rate

(1) The penalty interest rate is: (a) 3% per year; or (b) if another percentage is determined in an instrument under subsection (2)—that percentage per year. (2) The Minister may, by legislative…

Section 206 — Waiver etc. of debts

(1) The Commission may, on behalf of the Commonwealth, by determination in writing: (a) write off debts arising under or as a result of this Act, or debts arising under or as a result of this Act…

Section 208 — Offences

(1) A person shall not: (a) intentionally make, whether orally or in writing, a false or misleading statement: (i) in connection with, or in support of, a claim or application made under this Act by…

Section 209 — Multiple offences

(1) Charges against the same person for any number of offences against section 208 may be joined in one complaint or information if those charges are founded on the same facts, or form, or are part…

Section 210 — Judicial notice to be taken of certain matters

Judicial notice of signature (1) All courts must take judicial notice of a signature that purports to be attached or appended to any official document if it is the signature of a person who: (a)…

Section 210A — Evidence

(1) If the signature of any person who: (a) holds or has held the office of Secretary; or (b) is or was an officer of the Department; purports to be attached or appended to any official document, the…

Section 211 — Order for repayment of pension etc.

(1) Where: (a) a person is convicted of an offence against subsection 208(1) or (2); or (b) a person is charged before a court with an offence against subsection 208(1) or (2) but the Court, being…

Section 212 — Delegation by Minister

(1) The Minister may, by writing, delegate all or any of the Minister’s powers under this Act to: (a) a commissioner; or (b) an APS employee. Note: Sections 34AA to 34A of the Acts Interpretation Act…

Section 213 — Delegation by Commission

(1) The Commission may, either generally or as otherwise provided by the instrument of delegation, by writing under its seal, delegate to a person referred to in subsection (4) all or any of its…

Section 214 — Delegation by Secretary

(1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to a person referred to in subsection (4), all or any of…

Section 214A — Telephone access to offices at cheap rate

The Minister shall direct the Secretary to make provision for the development of a service which will enable a person to make a telephone call to an office that is under the general control of the…