Division 5A, 5B, 5C, 5D, 6, 7, 8 or 9 of Part III of the Repatriation Act;

(b) the Interim Forces Benefits Act 1947;

(c) the Repatriation (Far East Strategic Reserve) Act 1956; or

(d) the Repatriation (Special Overseas Service) Act 1962.

by virtue of Part XII, XIII or XIV of the Repatriation Regulations; or

by virtue of the Interim Forces Benefits Regulations, the Repatriation (Far East Strategic Reserve) Regulations or the Repatriation (Special Overseas Service) Regulations.

(a) pension means pension other than service pension;

a reference to a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a member of the Forces within the meaning of:

Division 1, 6, 7, 8 or 9 of Part III of the Repatriation Act;

(ii) the Repatriation (Far East Strategic Reserve) Act 1956; or

(iii) the Repatriation (Special Overseas Service) Act 1962;

and as including a reference to:

(iv) a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947; and

(v) a person the incapacity or death of whom is deemed, by Repatriation (Special Overseas Service) Act 1962, to have resulted from an occurrence that happened during a period of special service of the person as a member of the Forces;section 7A of the

a reference to a dependant of a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a person who is, within the meaning of the Division or Act specified in paragraph (b) that is applicable to that member, a dependant of that member, including, but without limiting the generality of the foregoing, a person to whom a pension was, immediately before the commencing date, payable under section 44 of the Repatriation Act; and

(d) widow has the same meaning as in section 5E of the Veterans’ Entitlements Act.

that pension had been granted to the person under Part II of the Veterans’ Entitlements Act;

(b) that person had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act; and

that injury had been determined, under the Veterans’ Entitlements Act, to be a war-caused injury, or that disease had been so determined to be a war-caused disease, as the case may be.

that pension had been granted to the person under Part II of the Veterans’ Entitlements Act;

the person had been determined, under the Veterans’ Entitlements Act, to be a dependant of a deceased veteran; and

the death of that member of the Forces had been determined, under the Veterans’ Entitlements Act, to be war-caused.

that pension had been granted to the person under Part IV of the Veterans’ Entitlements Act;

that person had been determined, under the Veterans’ Entitlements Act, to be a member of the Forces, or a member of a Peacekeeping Force, as the case may be, as defined by subsection 68(1) of that Act; and

that injury had been determined, under the Veterans’ Entitlements Act, to be a defence-caused injury or that disease had been so determined to be a defence-caused disease, as the case may be.

that pension had been granted to the person under Part IV of the Veterans’ Entitlements Act;

that person had been determined, under the Veterans’ Entitlements Act, to be a dependant of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, as the case may be; and

the death of that member of the Forces, or of that member of a Peacekeeping Force, as the case may be, had been determined, under the Veterans’ Entitlements Act, to be defence-caused.

reviewing a decision with respect to that pension whether made before, on or after the commencing date;

re-assessing the rate of that pension; or

suspending or cancelling that pension;

may be taken in accordance with the provisions of the repealed Acts as if they had not been repealed and the amendments and repeals previously referred to had not been made.

(a) subject to paragraph (b) of this subsection, the rate at which, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension would have been payable but for the operation of section 107R of the Repatriation Act; or

(b) if that section did not then apply to the rate of that pension, the rate at which, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension was payable;

reduced to the extent (if any) required from time to time by reason of the operation of section 107R of the Repatriation Act.

(a) that pension continues to be payable under and in accordance with the provisions of the Repatriation Act as if the amendments and repeals referred to in subsection 66(2) of the Repatriation Legislation Amendment Act 1985 had not been made;

the rate at which the pension is so payable shall not exceed:

(i) except where subparagraph (ii) applies—the rate at which that pension was payable immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985; or

(ii) if, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, the rate of that pension had been reduced (including reduced to nil) by reason of the operation of section 107R of the Repatriation Act - the rate at which that pension would, immediately before the commencement of that subsection, have been payable but for the operation of section 107R of the Repatriation Act;

reduced to the extent (if any) required from time to time by reason of the operation of section 107R of the Repatriation Act; and

without limiting the generality of the foregoing, action by way of:

reviewing a decision with respect to that pension whether made before, on or after the commencing date;

reassessing the rate of that pension; or

suspending or cancelling that pension;

may be taken in accordance with the provision of the Repatriation Act as if they had not been repealed and the amendments and repeals referred to in subsection 66(2) of the Repatriation Legislation Amendment Act 1985 had not been made.

a pension had been granted to a person under a repealed Act from a date before 1 November 1978 in respect of incapacity caused by pulmonary tuberculosis; and

that pension continues to be payable to the person on and after the commencing date as if it had been granted under the Veterans’ Entitlements Act;

the rate of that pension shall not be less than the general rate.

a veteran dies on or after the commencing date;

the widow of the veteran does not become eligible, by reason of the death of the veteran, to receive a pension under Part II of the Veterans’ Entitlements Act; and

the widow continues, after the death of a veteran, to be paid a pension by virtue of subsection (6) of this section as the widow of the veteran;

the widow shall, forthwith after she re-marries or marries, notify the Secretary, in writing, that she has married or re-married and the date of the marriage or re-marriage.

a claim had been made by a member of the Forces for a pension under a repealed Act; and

a decision had been made under the repealed Act in respect of the claim:

granting a pension to the member in respect of incapacity from an injury or disease, but assessing the rate of that pension at a nil rate; or

determining, expressly or by necessary implication, that the member was eligible to be granted a pension in respect of incapacity from an injury or a disease, or both, but refusing to grant a pension to the member on the ground that the extent of the incapacity of the member from that injury or disease, or both, was insufficient to justify the grant of a pension;

the Veterans’ Entitlements Act applies to and in relation to that member as if that injury had been determined under that Act to be a war-caused injury or that disease had been so determined to be a war-caused disease, as the case requires.

a reference in that subsection to a member of the Forces were read as a reference to a member of the Forces, or a member of a Peacekeeping Force, as so defined;

a reference in that subsection to a war-caused injury were read as a reference to a defence-caused injury; and

a reference in that subsection to a war-caused disease were read as a reference to a defence-caused disease.

a person, being the widow of a deceased member of the Forces, has re-married or married after 28 May 1984 and before the commencing date; and

the person was, immediately before her re-marriage or marriage, in receipt of a pension under a repealed Act as a dependant of the member;

notwithstanding the provisions of the repealed Act, the pension, and any domestic allowance payable to her under regulation 176D of the Repatriation Regulations, shall be deemed not to have ceased to be payable to her by reason of her re-marriage or marriage and, subject to subsection (2) of this section:

instalments of that pension, and that allowance (if payable), shall be paid to her under the Veterans’ Entitlements Act, but in accordance with the provisions of the repealed Act and of the Repatriation Regulations (if applicable), in respect of the period commencing on the date of her re-marriage or marriage and ending on the date immediately preceding the commencing date; and

subsection 4(3) of this Act applies to and in relation to that pension as if it had not ceased to be payable to her upon her re-marriage or marriage.

if the person has been paid a gratuity before the commencing date under section 40A of the Repatriation Act, an amount equal to the amount of that gratuity shall be deducted from the instalments of pension that so become payable;

if the person has not been paid a gratuity under section 40A of the Repatriation Act—that gratuity shall be deemed not to be payable to the person;

if the person was, immediately before the commencement of this paragraph, in receipt of a pension under a repealed Act by virtue of subsection 4(6) of this Act—that pension ceases to be payable to the person on the commencement of this paragraph; and

subsection 205(3) of the Veterans’ Entitlements Act applies as if the pension that is to be deemed by subsection (1) of this section not to have ceased to be payable were a new pension that became payable to the person under the Veterans’ Entitlements Act upon the commencing date in respect of the period commencing on the date of the marriage or re-marriage and ending immediately before the commencing date.

a person, being the widow of a deceased member of the Forces, makes a claim for a pension as a dependant of the member, or for a gratuity under within 12 months after her re-marriage or marriage; andsection 40A of the Repatriation Act,

a pension would have been granted to her if her claim had been determined before her marriage or re-marriage;

the person shall be deemed, for the purposes of subsection (1) of this section, to have been in receipt of that pension immediately before her re-marriage or marriage.

(a) member of the Forces means;

a member of the Forces within the meaning of section 4; or

a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of the Veterans’ Entitlements Act;

(b) pension means pension (other than service pension) payable under a repealed Act in respect of the death of a member of the Forces; and

(c) widow has the same meaning as it has in the Veterans’ Entitlements Act.

the pension payable to the person by virtue of subsection 4(6) shall, by force of this section, be cancelled immediately after the last pension pay-day in the period referred to in subsection (2); and

there is payable to the person a single lump sum payment equal to the aggregate of 78 fortnightly instalments of that pension at the rate at which instalments were payable immediately before the pension is so cancelled.

shall be in writing and in accordance with a form approved by the Commission;

shall be made by forwarding the election to, or delivering the election at, an office of the Department in Australia; and

may be made by the pensioner or by any other person who would, if the election were a claim for a pension for the pensioner as the dependant of a veteran, be entitled under section 16 of the Veterans’ Entitlements Act, to make the election on behalf of the pensioner.

approval is given by the Commission, the Board, or the Administrative Appeals Tribunal for payment of a pension, or for payment of a pension at a higher or lower rate, to be made from a date before the commencing date; or

the Commission, the Board or the Administrative Appeals Tribunal is reviewing the rate at which a pension was payable before the commencing date;

the rate at which that pension may be paid at any time before the commencing date shall be assessed by reference to the rate or maximum rate in the repealed Acts as in force at that time that corresponds with the appropriate rate in the Veterans’ Entitlements Act. but otherwise in accordance with the provisions of the Veterans’ Entitlements Act and the principles applicable under that Act.

that the incapacity of that person has decreased since the rate of that pension was previously assessed or last assessed; or

that the previous assessment or last assessment would not have been made but for a false statement or misrepresentation of a person.

that service pension had been granted to the person under Part III of the Veterans’ Entitlements Act; and

(b) that person had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1).

that service pension were a wife service pension that had been granted to the person under Part III of the Veterans’ Entitlements Act; and

(b) that member of the Forces had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1).

a reference to a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a member of the Forces within the meaning of:

Division 5, 6, 7, 8 or 9 of Part III of the Repatriation Act; or

(ii) the Repatriation (Special Overseas Service) Act 1962;

and as including a reference to a person who was:

a member of the Forces of a Commonwealth country within the meaning of Division 5A of Part III of the Repatriation Act;

a member of the Forces of an allied country within the meaning of Division 5B of Part III of the Repatriation Act;

an Australian mariner who has served in a theatre of war within the meaning of Division 5C of Part III of the Repatriation Act;

a Commonwealth mariner, or an allied mariner, within the meaning of Division 5D of Part III of the Repatriation Act; or

a person to whom Division 6, 7, 8 or 9 of Part III extends by virtue of section 102, 107, 107D or 107G, as the case requires, of the Repatriation Act;

(b) partner, non-illness separated wife and widow have the same meanings as in section 5E of the Veterans’ Entitlements Act; and

a person is entitled to receive a service pension under the Veterans’ Entitlements Act; and

(b) a pension under Social Security Act 1947 or a social security widow's pension is payable to the person by virtue of subsection (1) of this section; Part IV of the

the pension referred to in paragraph (b), ceases to be payable to the person upon the person ceasing to be entitled to receive that service pension.

(a) a person is entitled to receive an age, disability support, wife or carer payment under the Social Security Act 1991; and

a service pension is payable to the person under the Veterans’ Entitlements Act by virtue of subsection (1) of this section;

that service pension ceases to be payable to the person upon the person ceasing to be entitled to receive the pension referred to in paragraph (a).

(a) Social Security Act 1947 as in force before 2 July 1987; orPart IV of the

(b) Part V of the Social Security Act 1947 as in force between 2 July 1987 and 28 February 1989 (inclusive); or

(c) Social Security Act 1947 as in force between 1 March 1989 and 30 June 1991 (inclusive); orPart VI or Schedule 1B of the

1 July 1991.Part 2.7 (widowed person allowance) or Part 2.8 (widow B pension) as in force on and after

where the period commencing on, and including, the day on which he or she commenced to be an inmate of a mental hospital and ending on, but not including 31 October 1980, was less than 84 days—that period; or

in any other case—the period consisting of the last 84 days of the period commencing on, and including, the day on which he or she commenced to be such an inmate and ending on, but not including, 31 October 1980.

a pension of a kind referred to in subsection 4(2), (3), (4), (5) or (6); or

a service pension (including remote area allowance and rent assistance) of a kind referred to in subsection 8(1), (2) or (3);

but the person had not been paid any instalments of that pension or service pension before that date or that pension or service pension was suspended immediately before that date, the person shall be deemed to have been in receipt of that pension or service pension immediately before that date for the purpose of the application of that subsection to and in relation to the person.

an application to be provided with treatment made under a repealed Act and not determined before the commencing date shall be determined on or after that date as if it had been made under the Veterans’ Entitlements Act; and

any determination made, or other act or thing done, by the Commission before the commencing date that affected, or was capable of affecting, the eligibility or right of a person to be provided with treatment under a repealed Act has effect, on and after that date, as if made or done under the Veterans’ Entitlements Act for the purpose of determining the eligibility or right of that person to be provided with treatment under Part V of the Veterans’ Entitlements Act.

the widowed mother or the widowed step-mother of an member of the Forces who died before the commencing date and was neither legally married nor a member of a couple immediately before death; or

a person who is in receipt of a pension that continues to be payable by virtue of subsection 4(6), being a pension that became payable to the person by reason that the person was a child of a deceased member of the Forces;

was, by virtue of a determination or decision in force under a prescribed regulation immediately before that date, eligible to be provided with medical treatment under the Repatriation Regulations, the person is eligible to be provided with treatment under Part V of the Veterans’ Entitlements Act, on and after the commencing date, for any injury suffered, or disease contracted, by the person as if:

(a) the member of the Forces had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act;

the person was a dependant of that veteran for the purposes of subsection 86(1) of the Veterans’ Entitlements Act; and

a determination under that Act were in force determining that the death of that veteran was war-caused.

regulation 73 of the Repatriation Regulations;

regulation 38 of the Repatriation (Far East Strategic Reserve) Regulations; and

regulation 38 of the Repatriation (Special Overseas Service) Regulations.

who is the mother of the member; or

if the member was born out of wedlock—who is the woman by whom the member was brought up;

being a person who became a widow prior to, or within 3 years after, the death of the member, and includes the unmarried mother of the member by whom the member was brought up.

widowed step-mother, in relation to a deceased member of the Forces, means a widowed step-mother of the member who became a widow prior to, or within 3 years after, the death of the member.

a determination under that Act were in force determining that venereal disease was a war-caused disease from which the person was suffering; and

(b) the person had been determined, under the Veterans’ Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act.

regulation 65 of the Repatriation Regulations; and

regulation 6 of the Interim Forces Benefits Regulations.

a person was, immediately before 25 November 1976, a service pensioner eligible to be provided with treatment under regulation 66 of the Repatriation Regulations;

the person ceased, on that date, to be a service pensioner by reason only that the person was, on that date, a prescribed person within the meaning of section 123AB of the Repatriation Act; and

the person has been such a prescribed person continuously from that date to and including the date immediately preceding the commencing date;

Part V of the Veterans’ Entitlements Act applies to the person as if the person were eligible to be provided with treatment under subsection 85(5) of that Act until the person ceases to be a prescribed person for the purposes of that Part or the rate of the person’s income exceeds the annual rate of the person’s income on 25 November 1976, whichever first occurs.

a person was a pensioner as defined by regulation 179A of the Repatriation Regulations; or

a person was a person in receipt of an age or invalid pension or a wife’s pension or a widow’s pension within the meaning of subregulation 179A(5) of the Repatriation Regulations;

for the purposes of that regulation by reason only of the operation of subsection 25(2) or (3) of the Repatriation Acts Amendment Act (No. 2) 1985, the person shall be deemed to be a service pensioner or to be in receipt of an age pension, an invalid pension, a wife’s pension or a widow’s pension, as the case may be, for the purposes of section 101 of the Veterans’ Entitlements Act on and after the commencing date until the person ceases to be a prescribed person for the purposes of Part V of the Veterans’ Entitlements Act or the annual rate of the person’s income exceeds the annual rate of the person’s income on 25 November 1976, whichever first occurs.

temporary incapacity allowance or loss of earnings allowance in respect of a period before the commencing date; or

travelling expenses in respect of travel that was completed before the commencing date.

an allowance or other pecuniary benefit is granted under Part VI of the Veterans’ Entitlements Act in respect of a period before the commencing date or of an event that occurred before that date; or

the amount or rate of an allowance or other pecuniary benefit in respect of such a period or event is being determined or reviewed;

the amount or rate of that benefit or allowance in respect of any time before the commencing date shall be determined by reference to the relevant provisions of the repealed Acts as in force at that time, but otherwise in accordance with the provisions of the Veterans’ Entitlements Act.

a claim for a pension, not being a service pension;

an application for such a pension or for an increase in the rate of such a pension;

a claim for a service pension (including remote area allowance and rent assistance); or

an application for an allowance or other benefit of a kind to which Division 2 of Part VI of the Veterans’ Entitlements Act applies;

had been received at an address of the Department before the commencing date but had not been determined before that date, the claim or application shall be dealt with and determined under the Veterans’ Entitlements Act as if it had been made under that Act.

a claim that was in accordance with a form approved by the Commission for the purposes of subsection 25(1) of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 14(3) of the Veterans’ Entitlements Act;

an application that was in accordance with a form approved by the Commission for the purposes of subsection 26(3) of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 15 (3) of the Veterans’ Entitlements Act;

a claim that was in accordance with a form approved by the Commission for the purposes of section 88 of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 43(1) of the Veterans’ Entitlements Act;

an application that was duly made for the purposes of whichever of the prescribed regulations was applicable shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 111(2) of the Veterans’ Entitlements Act; and

an approval given, investigation carried out, decision made or act or thing done for the purposes of, or in connection with, the claim or application before the commencing date shall, by force of this section, have the force and effect, on and after that date, for the purposes of consideration and determination of the claim or application under the Veterans’ Entitlements Act, that it would have if that Act had been in operation when it was given, carried out, made or done and it had been given, carried out, made or done under, and for the purposes of consideration and determination of the claim or application under, that Act.

the Repatriation Regulations;

the Interim Forces Benefits Regulations;

the Repatriation (Far East Strategic Reserve) Regulations; and

the Repatriation (Special Overseas Service) Regulations;

are each prescribed regulations.

the Commission had commenced to review a decision:

granting a pension (not being a service pension) or assessing the rate of such a pension; or

with respect to a claim for such a pension or an application for such a pension or for an increase in the rate of such a pension;

a request to review a decision of the Commission had been made under section 90C of the Repatriation Act; or

the Commission had, otherwise than by reason of such a request, commenced to review a decision granting a service pension or assessing the rate of a service pension;

but the Commission had not made its decision in respect of the review, the Commission may complete the review and make its decision in respect of the review as if it had been instituted under Part II, III or IV, as the case requires, of the Veterans’ Entitlements Act.

assessing a rate of pension or an increased rate of pension;

refusing to grant a pension on the ground that the extent of the incapacity of the applicant is insufficient to justify the grant of a pension;

refusing to increase the rate of a pension; or

reducing the rate of a pension;

may be made on a day not later than the day that occurs 3 months after the day on which a copy of that decision was served on the applicant, but not otherwise.

affirmed a decision of the Commission not to grant a claim for a pension (not being a service pension); or

made, in substitution for a decision of the Commission, a decision not to grant a claim for a pension;

by reason that the Board was reasonably satisfied as set out in subsection 107VG(7) of the Repatriation Act, application may, notwithstanding the provisions of section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with paragraph 176(4)(a) of the Veterans’ Entitlements Act, be made to the Administrative Appeals Tribunal, under section 175 of the Veterans’ Entitlements Act, for a review of that decision of the Board by the Tribunal within the period of 3 months commencing on, and including, the commencing date, and the application shall be heard and determined by that Tribunal accordingly.

to review a decision;

to cancel or suspend a pension; or

to increase or decrease the rate of a pension;

extends to reviewing the decision, suspending the pension or increasing or reducing the rate of the pension in respect of a period before the commencing date or cancelling the pension on a date before the commencing date as if that Act had been in force throughout that period or on that date, as the case may be.

may have regard to information received by the Commission, the Board or the Administrative Appeals Tribunal before the commencing date under a repealed Act and to information received by the Commission on or after that date under the Veterans’ Entitlements Act; and

shall make such decision as it considers to be, in all the circumstances of the particular case, in accordance with the provisions of the Veterans’ Entitlements Act and of this Act.

(a) a decision is made by the Commission, the Board or the Administrative Appeals Tribunal (in this subsection called the determining body) under the Veterans’ Entitlements Act to grant a pension, to increase or reduce the rate of a pension or to grant an allowance or other pecuniary benefit; and

the determining body, would not have had power to make that decision but for the operation of a provision of this Act whether that provision conferred power on the determining body directly or indirectly;

then a date, which may be a date before the commencement date, may, subject to subsection (3), be fixed as the date from which payment of a pension at a reduced or increased rate or payment of an allowance or other benefit is approved.

any decision of the Board to which section 107VY of the Repatriation Act applied immediately before the commencing date; and

any decision of the Administrative Appeals Tribunal to which section107VZZ of the Repatriation Act so applied;

shall continue to be binding on the parties to the proceedings for the remainder of the period for which it was binding under that section.

where the initiating action in relation to the decision was the making of an application as mentioned in paragraph (h) of the definition of 'initiating action' in subsection (5)—the date of that initiating action; or

(aa) where the decision is made on review of a decision made on or after 1 January 1985 by the Commission about the rate at which pension is payable to a person, where the Repatriation Review Tribunal had previously, on application under Repatriation Act 1920 as in force before 1 January 1985, granted the person’s claim for pension—a date that is not earlier than the operative date set by the Repatriation Review Tribunal in relation to the grant of the claim for pension; orsection 107VC of the

(ab) where the decision is made on review of a decision made on or after 1 January 1985 by the Commission about the rate at which pension is payable to a person, where the Repatriation Review Tribunal had referred the matter to the Commission under Repatriation Act 1920 as in force before 1 January 1985—a date that is not earlier than the date of that reference; orsection 107VJ of the

in any other case-a date that is not earlier than 3 months before the date of the initiating action in relation to the decision.

the making of a claim or application to which subsection 51(1) or (2) of the 1984 Act applied;

the institution of an appeal to which section 52 of the 1984 Act applied;

the making of an application to which subsection 55(1) of the 1984 Act applied, or of an application permitted to be made by subsection 55(2) of the 1984 Act;

(d) the submission of further evidence with respect to a claim as mentioned in Repatriation Act 1920 as in force immediately before 1 January 1985, being a claim to which subsection 57(1) of the 1984 Act applied;section 107VM of the

the making of an application permitted to be made by subsection 57(2) of the 1984 Act;

the directing of a review to which subsection 58(1) of the 1984 Act applied;

(g) the reference of an assessment back to the Commission under Repatriation Act 1920 as in force on or after 1 January 1985 which resulted in:section 107VH of the

a review referred to in subsection 18(1) of this Act;

an application referred to in subsection 19(1) or (2) of this Act; or

an application made under subsection 20(1) or (9) of this Act;

(h) the making of a claim or application under the Repatriation Act 1920 as in force on or after 1 January 1985.

the 1984 Act means the Repatriation Legislation Amendment Act 1984.

any reasons for a decision in respect of a pension other than a service pension duly given and served by the Commission in accordance with a provision of a repealed Act shall have effect on and after the commencing date as if given and served under section 34 of the Veterans’ Entitlements Act;

any reasons for a decision in respect of a service pension duly given and served by the Commission in accordance with a provision of a repealed Act shall have effect on and after the commencing date as if given and served under section 57E of the Veterans’ Entitlements Act; and

any reasons for a decision of the Board duly given and served in accordance with a provision of a repealed Act shall have effect on and after the commencing date as if given and served under section 140 of the Veterans’ Entitlements Act.

(a) a person who was, immediately before the commencing date, in receipt of a benefit under Social Security Act 1947 as then in force was, immediately before that date, a child, within the meaning of subsection 83(1) of the Repatriation Act as then in force, of a member of the Forces, being a member who was in receipt of a service pension;Part IVAAA of the

(b) the person has not ceased to receive that benefit (otherwise than by virtue of subsection 150(2) of the Social Security Act 1947); and

the member has not ceased to receive a service pension;

the definition of child in subsection 5F of the Veterans’ Entitlements Act shall, for the purpose of applying Part III of that Act to and in relation to that person and member, be read as if paragraph (f) were omitted from that definition.

in relation to any time before the commencing date—a pension under Division 5 of Part III of the Repatriation Act (including that Division as extended by another Division of that Act or by another Act); or

in relation to any other time—a service pension under Part III of the Veterans’ Entitlements Act.

(a) a person who was, immediately before the commencing date, in receipt of a benefit under Social Security Act 1947 as then in force, being a benefit granted in pursuance of a claim lodged before 11 November 1982, was, immediately before that date, a child of another person within the meaning of section 123AB of the Repatriation Act as then in force; andPart IVAAA of the

(b) the person has not ceased to receive that benefit (otherwise than by virtue of subsection 150(2) of the Social Security Act 1947);

the definition of child in subsection 5F(1) of the Veterans’ Entitlements Act shall, for the purpose of applying Division 15 of Part III of that Act to and in relation to that person and that other person, be read as if paragraph (f) were omitted from that definition.

a person is in receipt of a pension to which subsection (1) applies; and

the amount of the periodical payments received by the person under a law of a foreign country or of a State has been increased, or a lump-sum payment has been so received, since the amount of that reduction was calculated or last calculated;

the amount of the reduction shall be re-calculated in accordance with the provisions of section 26 of the Veterans’ Entitlements Act and, if the amount of the reduction as so re-calculated exceeds the amount of the reduction immediately before the commencing date, that pension shall be reduced by the amount of the reduction as so re-calculated and subsection (1) of this section ceases to apply to the pension but, in any other case, subsection (1) continues to apply to the pension.

made by the Board upon a review of a decision of the Commission made by the Commission before 1 November 1986; or

made by the Administrative Appeals Tribunal upon a review of a decision of the Board affirming or setting aside such a decision of the Commission.

the Board shall, if it reviews that determination; or

the Administrative Appeals Tribunal shall, if it reviews a decision of the Board affirming or setting aside that determination;

make its decision on the review with respect to that degree of incapacity according to the provisions of that Guide.

a reference to a veteran shall be read as including a reference to a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of the Veterans’ Entitlements Act; and

a reference to a war-caused injury shall be read as including a reference to a defence-caused injury and a reference to a war-caused disease shall be read as including a reference to a defence-caused disease.

the Veterans’ Entitlements Act had come into operation on 14 March 1985;

the request had been duly lodged under that Subdivision of that Act; and

any decision of the Commission that it was satisfied as referred to in paragraph 52ZB(1)(d) of that Act given before the commencing date had been given under that paragraph;

but a debt created before the commencing date is not recoverable under Social Security Act 1947 (as so applied) and also under that Subdivision of the Veterans’ Entitlements Act.section 5 of the

a member of the Forces or a member of a Peacekeeping Force is in receipt of a pension under Part IV of the Veterans’ Entitlements Act;

a pension continues to be payable to a dependant of the member in accordance with the repealed Acts in pursuance of subsection 4(6) or (8B) of this Act; and

the rate of a pension that so continues to be payable is required to be reduced (including reduced to nil) by virtue of section 107R of the Repatriation Act in relation to compensation that is payable in respect of injury to the member;

section 74 of the Veterans’ Entitlements Act applies to and in relation to the pension payable to the member as if the rate, or sum of the rates, per fortnight at which compensation is payable in respect of the injury for the purposes of that section were the amount per fortnight ascertained in accordance with the formula:

A – B,

where:

A is the amount that is, or the sum of the amounts that are, paid per fortnight, for the purposes of section 107R of the Repatriation Act, by way of compensation in respect of the injury; and

B is:

the amount per fortnight by which the rate per fortnight of the pension payable to a dependant of the member has been reduced in pursuance of section 107R of the Repatriation Act; or

if pensions payable to 2 or more dependants of the member have been so reduced - the sum of the amounts per fortnight by which the rates of those pensions have been so reduced.

a dependant of a member of the Forces or of a member of a Peacekeeping Force, being a dependant in receipt of a pension in accordance with the repealed Acts in pursuance of subsection 4(6) of this Act, elects to commute payments of that pension in accordance with section 6 of this Act;

immediately before the pension that is to be commuted is cancelled by force of paragraph 6(4)(a), that pension was payable at a rate that had been reduced by virtue of section 107R of the Repatriation Act in relation to compensation that was paid or is payable in respect of injury to that member; and

upon the cancellation of that pension, a pension continues to be payable under Part IV of the Veterans’ Entitlements Act to that member or a pension continues to be payable to another dependant of that member in pursuance of subsection 4(6) or (8B);

the rate of a pension referred to in paragraph (c) shall be assessed, in relation to the compensation that was paid or is payable in respect of that injury to that member, as if instalments of the pension referred to in paragraph (b) continued to be paid to the dependant on each of the 78 pension pay-days next following the cancellation of that pension.

a person who:

was provided with prescribed medical treatment within the meaning of section 120E of the Repatriation Act before the commencing date; and

recovered or received compensation from another person before that date or recovers or receives compensation from another person on or after that date; and

a person who became liable before, or becomes liable on or after, the commencing date, to pay compensation to a person who was provided with treatment referred to in subparagraph (a)(i) of this section before the commencing date;

as if that medical treatment were treatment that had been provided to the person under Part V of the Veterans’ Entitlements Act and any compensation so recovered or received before the commencing date had been so recovered or received on that date.

section 120 of the Veterans’ Entitlements Act does not apply to or in relation to its consideration and determination of the claim; and

the Commission shall, subject to subsection (4) of this section, grant the claim unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for granting the claim.

that the injury was a war-caused injury or a defence-caused injury;

that the disease was a war-caused disease or a defence-caused disease; or

that the death was war-caused or defence-caused;

as the case may be, if the Commission, after consideration of the whole of the material before it, is of the opinion that the material before it does not raise a reasonable hypothesis connecting the injury, disease or death with the circumstances of the particular service rendered by the person.

the provisions of the Veterans’ Entitlements Act, other than section 120 of that Act; and

the provisions of subsections 42(3) and (4) of this Act.

the provisions of the Veterans’ Entitlements Act, other than section 120 of that Act; and

the provisions of subsection 42(3) of this Act.

as if a reference in those subsections to the notification of the occurrence of an event or change of circumstances in accordance with a notice under section 54 or subsection 127(1) of that Act were read as a reference to the notification of the occurrence of an event or change of circumstances in accordance with the provisions of section 40AA or 96, or of subsection 98A (8), (9) or (10), of the Repatriation Act, whichever is applicable by virtue of subsections (1), (2), (4) and (5) of this section; and

a reference in sections 56, 56A and 56B and in subsection 124(4) and (5) of the Veterans’ Entitlements Act to the time within which such a notification is to be made shall be read as a reference to the time within which notification of the occurrence of the event or change of circumstances is required to be made by whichever of the provisions referred to in paragraph (a) of this subsection is so applicable.

section 96 of the Repatriation Act applies by virtue of subsection (2) of this section; and

subsections 98A(8), (9) and (10) of the Repatriation Act apply by virtue of subsection (4) of this section;

as if a reference in that section or those subsections to an allowance under section 98A of the Repatriation Act were read as a reference to a service pension, the rate of which has been increased by an amount for rent assistance under Part III of the Veterans’ Entitlements Act.

the grant or payment of a pension, allowance or other pecuniary benefit under a repealed Act; or

the provision of medical treatment under a repealed Act;

as if the reference to the Veterans’ Entitlements Act, or to Part V of that Act, included a reference to the repealed Act.

the penalty for an offence against subsection 127(4) or (5) of the Veterans’ Entitlements Act in respect of a notice to which subsection (2) of this section applies is a fine not exceeding $500; and

the penalty for an offence against subsection 128(4) of the Veterans’ Entitlements Act in respect of a notice to which subsection (5) of this section applies is a fine not exceeding $1,000 or imprisonment for 6 months, or both.

payment of a pension or allowance under a repealed Act was being made to a person other than the pensioner by virtue of an authorisation under regulation 9 of the Repatriation Regulations;

a person was exercising the powers of trustee in respect of a pension or allowance payable under a repealed Act by virtue of an appointment under that regulation; or

(c) the Commission was exercising the powers of trustee in respect of a pension or allowance payable under a repealed Act by virtue of having assumed the office of trustee under that regulation otherwise than under that regulation in its application by virtue of subsection 3 (2), (3), (4) or (5) of the Repatriation Amendment Act 1982;

on and after that date, payment of that pension or allowance shall continue to be made to that person, and that person or the Commission shall continue to exercise the powers of trustee in respect of that pension or allowance, as the case may be, as if the authorisation, appointment or assumption of office had been effected under section 202 of the Veterans’ Entitlements Act, and all moneys and investments held by the person or Commission as trustee immediately before the commencing date shall continue to be held by that person or the Commission as trustee and to be so held upon the trusts set out in section 202 of the Veterans’ Entitlements Act.

a reference to that regulation in its application by virtue of subsection 3(3) of this Act;

a reference to regulation 8 of the Repatriation (Far East Strategic Reserve) Regulations; and

a reference to regulation 8 of the Repatriation (Special Overseas Service) Regulations.

a false statement or representation that was made;

an omission that occurred;

an amount that was paid; or

a payment that became an unauthorised payment;

before the commencing date and, for the purpose of its application accordingly:

references in that section to the Veterans’ Entitlements Act shall be read as including references to the repealed Acts; and

references in that section to the Regulations shall be read as including references to regulations under a repealed Act.

became payable; or

became payable at an increased rate;

before the commencing date and, for the purposes of its application accordingly, references in that section to the Veterans’ Entitlements Act shall be read as including references to the repealed Acts.

the repeal of a regulation included in that Part, either with or without the substitution of another regulation in its place;

the omission of a part of a regulation included in that Part, either with or without the substitution of another provision in its place; and

the insertion of a new provision in that Part.

subsection 4(6) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986;

(iii) the Social Security Act 1947; or

(iv) the Tuberculosis Act 1948;”.

(ivb) subsection 4(6) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986;”.

subsection 4(6) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986;”.

a pension has been granted to a person as an Australian mariner before the commencing date in respect of the incapacity of the person;

a gratuity under Schedule 5 to that Act has been paid, or has become payable, to a person as an Australian mariner before the commencing date;

a lump sum payment has been made, or has become payable, under subsection 23(3) of that Act to a person as an Australian mariner before the commencing date; or

a pension has been granted before the commencing date, in respect of the death of a person, to a dependant of the person, on the basis that the person had been an Australian mariner;

then, for all purposes of the Seamen’s War Pensions and Allowances Act 1940 on and after the commencing date, that person shall be taken to be and have been an Australian mariner.

in the case of a pilot—while on pilot duty; or

in every other case—in the course of employment as an Australian mariner;

it shall make its determination having regard to the material before it and, if it is of the opinion that the material before it is sufficient to enable it to do so, it may make its decision according to the provisions of the Guide to the Assessment of Rates of Veterans’ Pensions as from time to time approved and in force under section 29 of the Veterans’ Entitlements Act.

the Board shall, if it reviews that determination; or

the Administrative Appeals Tribunal shall, if it reviews a decision of the Board affirming or setting aside that determination;

make its decision on the review with respect to that degree of incapacity according to the provisions of that Guide.

the Board reviews a decision of the Commission or a Pensions Committee made on or after 1 November 1986 determining the degree of incapacity of an Australian mariner as a direct result of having sustained a war injury of a kind referred to in subsection (3); or

the Administrative Appeals Tribunal reviews a decision of the Board affirming such a decision of the Commission or a Pensions Committee or a decision of the Board made in substitution for such a decision of the Commission or a Pensions Committee that has been set aside by the Board;

the Board or the Administrative Appeals Tribunal, as the case may be, shall make its decision on the review with respect to that degree of incapacity according to the provisions of the Guide to the Assessment of Rates of Veterans’ Pensions as approved and in force under section 29 of the Veterans’ Entitlements Act.

a person, being the widow of a deceased Australian mariner, has re-married or married after 28 May 1984 and before the commencing date; and

(b) the person was, immediately before her re-marriage or marriage, in receipt of a pension under the Seamen’s War Pensions and Allowances Act 1940 as a dependant of the mariner;

notwithstanding the provisions of that Act, the pension, and any domestic allowance payable to her under regulation 37 of the Seamen’s War Pensions and Pensions—re-marriage or marriage of widow to her by reason of her re-marriage or marriage, and, subject to subsection (2) of this section, instalments of that pension, and of that allowance (if payable), shall be paid to her:

(a) under the Seamen’s War Pensions and Allowances Act 1940 and under the Seamen’s War Pensions and Allowances Regulations (if applicable), as in force before the commencing date, in respect of the period commencing on the date of her re-marriage or marriage and ending on the date immediately before the commencing date; and

(b) under the Seamen’s War Pensions and Allowances Act 1940, as amended by this Act, and under the Seamen’s War Pensions and Allowances Regulations (if applicable), on and after the commencing date.

(a) if the person has been paid a gratuity before the commencing date under Seamen’s War Pensions and Allowances Act 1940—an amount equal to the amount of that gratuity shall be deducted from the instalments of pension that so become payable;section 28A of the

(b) if the person has not been paid a gratuity under Seamen’s War Pensions and Allowances Act 1940—that gratuity shall be deemed not to be payable to the person; andsection 28A of the

(c) subsection 55A(2) of the Seamen’s War Pensions and Allowances Act 1940 applies as if the pension that is to be deemed by subsection (1) not to have ceased to be payable were a new pension that became payable to the person under that Act upon the commencing date in respect of the period commencing on the date of the marriage or re-marriage and ending immediately before the commencing date.

(a) a person, being the widow of a deceased Australian mariner, makes a claim for a pension as a dependant of the mariner, or for a gratuity under Seamen’s War Pensions and Allowances Act 1940, within 12 months after her re-marriage or marriage; andsection 28A of the

a pension would have been granted to her if her claim had been determined before her marriage or re-marriage;

the person shall be deemed, for the purposes of subsection (1) of this section, to have been in receipt of that pension immediately before her re-marriage or marriage.

(a) Australian mariner has the same meaning as it has in the Seamen’s War Pensions and Allowances Act 1940; and

(b) widow has the same meaning as it has in the Seamen’s War Pensions and Allowances Act 1940, and includes a de facto wife within the meaning of that Act.

Schedule

Section 59

Air Accidents (Commonwealth Government Liability) Act 1963

Subsection 6(2):

Omit “the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956 or the Repatriation (Special Overseas Service) Act 1962”, substitute “the Veterans’ Entitlements Act 1986 (other than Part IV)”.

Paragraph 10(2)(b):

Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Paragraph 10(3)(b):

Omit the paragraph, substitute the following paragraph:

(b) Veterans’ Entitlements Act 1986;section 74 of the

Subsection 11(3):

Omit “the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956 or the Repatriation (Special Overseas Service) Act 1962”, substitute “the Veterans’ Entitlements Act 1986 (other than Part IV)”.

Paragraph 15(2)(b):

Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Paragraph 15(3)(b):

Omit the paragraph, substitute the following paragraph:

(b) Veterans’ Entitlements Act 1986;section 74 of the

Albury-Wodonga Development Act 1973

Subsection 12(3):

Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Compensation (Commonwealth Government Employees) Act 1971

Subsection 7(8):

Omit “the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962, the Interim Forces Benefits Act 1947”, substitute “the Veterans’ Entitlements Act 1986 (other than Part IV)”.

Paragraph 52(4)(da):

Omit “Repatriation Act 1920”, substitute “Part IV of the Veterans’ Entitlements Act 1986”.Division 10 of Part III of the

Subsection 98(1):

Omit “the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962, the Interim Forces Benefits Act 1947”, substitute “the Veterans’ Entitlements Act 1986 (other than Part IV)”.

Subsection 98(2):

Omit “the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962, the Interim Forces Benefits Act 1947”, substitute “the Veterans’ Entitlements Act 1986 (other than Part IV)”.

Subsection 98(3):

Omit “the Repatriation Act 1920, the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962, the Interim Forces Benefits Act 1947”, substitute “the Veterans’ Entitlements Act 1986”.

Subsection 98A(1):

Omit “under Repatriation Act 1920”, substitute “for the purposes of Part IV of the Veterans’ Entitlements Act 1986”.Division 10 of Part III of the

Subsection 99(10):

Omit “Repatriation Act 1920”, substitute “section 76 of the Veterans’ Entitlements Act 1986”.section 107T of the

Subsection 100(7):

Omit “Repatriation Act 1920”, substitute “section 76 of the Veterans’ Entitlements Act 1986”.section 107T of the

Subsection 102(6):

Omit “Repatriation Act 1920”, substitute “section 76 of the Veterans’ Entitlements Act 1986”.section 107T of the

Paragraph 119A(1)(a):

(a) Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Omit “Division 10 of Part III”, substitute “Part IV”.

Paragraph 119A(1)(b):

Omit “section 107R”, substitute “section 74”.

Paragraph 119A(2)(a):

Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Paragraph 119A(2)(c):

Omit “Division 10 of Part III”, substitute “Part IV”.

Paragraph 119A(2)(d):

Omit “section 107R”, substitute “section 74”.

Defence Force Discipline Act 1982

Paragraph 3(7)(c):

Omit “Repatriation Act 1920”, substitute “Part IV of the Veterans’ Entitlements Act 1986”.Division 10 of Part III of the

Defence Service Homes Act 1918

Subsection 4(1) (definition of Australian soldier):

Omit paragraph (g) of the definition, substitute the following paragraph:

a person who, as a member of the Defence Force, rendered continuous full-time service outside Australia:

as a member of a unit of the Defence Force that was allotted for duty; or

while the person was allotted for duty;

in an operational area described in item 4, 5, 6, 7 or 8 in Schedule 2 to the Veterans’ Entitlements Act 1986 during the period specified in that item;

Paragraph 4(2)(a):

Omit “the date of commencement of the Repatriation (Far East Strategic Reserve) Act 1956”, substitute “1 September 1957”.

Paragraph 4(2)(b):

Omit “after the commencement of the Repatriation (Far East Strategic Reserve) Act 1956 and before the commencement of the Repatriation (Special Overseas Service) Act 1962”, substitute “after 1 September 1957 and before 28 May 1963”.

Paragraph 4(3)(a):

Omit the paragraph, substitute the following paragraph:

(a) a person described in paragraph (g) of the definition of Australian soldier in subsection 4(1); or

Subsection 20(4):

Omit “who is a person entitled to the special rate of pension payable under the first paragraph of the Second Schedule of the Repatriation Act 1920–1973”, substitute “who is in receipt of, or is eligible to receive, a pension under Part II of the Veterans’ Entitlements Act 1986 and is a person to whom section 24 of that Act applies”.

Health Insurance Act 1973

Paragraph 3(10)(b):

Omit the paragraph, substitute the following paragraph:

(b) a service pension, a wife’s service pension or a carer’s service pension under the Veterans’ Entitlements Act 1986; or

Paragraph 5B(12) (definition of income):

Omit paragraph (b), substitute the following definition:

(b) a pension payable under the Veterans’ Entitlements Act 1986;

Income Tax (Rates) Act 1982

Subsection 3(1) (definition of prescribed non-resident):

Omit subparagraphs (b)(i) to (vi) (inclusive), substitute the following subparagraphs:

(i) the Veterans’ Entitlements Act 1986;

(ii) subsection 4(6) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986;

(iii) the Social Security Act 1947; or

(iv) the Tuberculosis Act 1948;

National Health Act 1953

Subsection 4(1) (definition of pensioner):

Omit paragraph (b), substitute the following paragraph:

(b) a person to whom, or in respect of whom, there is being paid a service pension, a wife’s service pension or a carer’s service pension under Veterans’ Entitlements Act 1986, other than such a person who is a prescribed person within the meaning of section 82 of that Act; orPart III of the

Subsection 4(1) (definition of Repatriation nursing home patient):

Omit the definition, substitute the following definition:

Repatriation nursing home patient means a patient who is receiving nursing home care in an approved nursing home in accordance with arrangements entered into:

(a) under paragraph 89(1)(b) or (c) of the Veterans’ Entitlements Act 1986; or

(b) in pursuance of regulations in force under the Seamen’s War Pensions and Allowances Act 1940.

Paragraph 4(3)(b):

Omit the paragraph, substitute the following paragraph:

(b) a service pension, a wife’s service pension or a carer’s service pension under the Veterans’ Entitlements Act 1986; or

Paragraph 4AA(11)(b):

Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Subsection 84(1) (definition of concessional beneficiary):

Omit paragraph (b), substitute the following paragraph:

(b) a person to whom, or in respect of whom, there is being paid a service pension, a wife’s service pension or a carer’s service pension under Veterans’ Entitlements Act 1986; orPart III of the

Public Service Act 1922

Subsection 7(1) (definition of returned soldier):

Omit all words from and including “Re-establishment and Employment Act 1945–1951” to the end of the definition, substitute “Re-establishment and Employment Act 1945 and any other person who, as a member of the Defence Force, rendered continuous full-time service outside Australia:

as a member of a unit of the Defence Force that was allotted for duty; or

while the person was allotted for duty;

in an operational area described in item 4, 5, 6, 7 or 8 in Schedule 2 to the Veterans’ Entitlements Act 1986 during the period specified in that item;”.

Re-Establishment and Employment Act 1945

Subsection 91(1) (definition of eligible person):

(a) Omit from subparagraph (b)(i) “the Australian Soldiers’ Repatriation Act 1920–1945”, substitute “Part II of the Veterans’ Entitlements Act 1986”.

Omit from subparagraph (b)(i) “war pension” (wherever occurring), substitute “pension”.

Subsection 101(4):

Omit “war pension payable to a person or a dependant of that person under the Repatriation Act 1920–1956 or of a pension payable to a person or a dependant of that person under the Repatriation (Far East Strategic Reserve) Act 1956–1962 or under the Repatriation (Special Overseas Service) Act 1962”, substitute “pension payable to a person or a dependant of a person under Part II of the Veterans’ Entitlements Act 1986”.

Sales Tax (Exemptions and Classifications) Act 1935

First Schedule (item 135):

Omit paragraphs (a) and (b), substitute the following paragraphs:

has lost a leg or both arms or has had a leg, or both arms, rendered permanently and wholly useless; or

(b) is in receipt of a pension under Veterans’ Entitlements Act 1986 and is a veteran (within the meaning of that Part) to whom section 24 of that Act applies.Part II of the

Seamen’s War Pensions and Allowances Act 1940

Subsection 3(1) (definition of Australian mariner):

Omit from paragraph (aa) “or whose dependants were”, substitute “or whose wife or child was”.

Omit from paragraph (f) “the Minister”, substitute “the Commission”.

Subsection 3(1) (definition of Board):

Omit the definition, substitute the following definition:

Board means the Veterans’ Review Board continued in existence by subsection 134(1) of the Veterans’ Entitlements Act 1986;

Subsection 3(1) (definition of de facto wife):

Omit the definition, substitute the following definitions:

child means:

a person who has not attained the age of 16 years; or

a person who:

has attained the age of 16 years but has not attained the age of 25 years;

is undertaking full-time education at a school, college or university; and

(iii) is not in receipt of a pension under Social Security Act 1947 or an allowance under section 9 of the Tuberculosis Act 1948.Part III or IV, a benefit under Part IVAAA or VII or a rehabilitation allowance under Part VIII of the

Commission means the Repatriation Commission continued in existence by subsection 179(1) of the Veterans’ Entitlements Act 1986.

Subsection 3(1) (definitions of separated wife and separated widow):

Omit the definitions.

Subsection 3(1) (definition of the Commission):

Omit the definition.

Subsection 3(1) (definition of the present war):

Omit the definition, substitute the following definition:

the present war means the war that commenced on 3 September 1939 (including any other war in which the Crown became engaged after that date and before 3 September 1945) and is to be deemed to have ended on 28 April 1952, being the date on which the Treaty of Peace with Japan came into force.

Subsection 3(1C):

Omit the subsection, insert the following subsection:

a reference to the wife of a person shall be read as a reference:

to a woman who is legally married to the person; or

if the person is a man—to a woman who is living with the person as her husband on a bona fide domestic basis although not legally married to the person, whether or not the person is legally married to another person who is still alive; and

a reference to the widow of a deceased person shall be read as a reference to a woman who was the wife of the person immediately before the person’s death.

After section 3, insert the following section in Part I:

a child of whom the mariner is the father or mother or a child adopted by the mariner or the mariner and the mariner’s spouse; or

any other child who is, or was immediately before the death of the mariner, wholly or substantially dependent on the mariner.

in the case of a pilot—while on pilot duty; or

in every other case—in the course of employment as an Australian mariner;

the Commission, or the Pensions Committee, shall, subject to subsections (2) and (3), determine the degree of incapacity of the mariner according to the provisions of the Guide to the Assessment of Rates of Veterans’ Pensions as from time to time approved and in force under Veterans’ Entitlements Act 1986.section 29 of the

(a) a pension calculated under Veterans’ Entitlements Act 1986, section 24 of that Act would have applied to the mariner;section 22A on the basis that, if the mariner had been a veteran entitled in respect of incapacity from war injury to a pension under Part II of the

Paragraph 17A(1)(b):

Omit “paragraph 1 of Schedule 5 to the Repatriation Act 1920”, substitute “subsection 27(1) of the Veterans’ Entitlements Act 1986”.

Subsection 18(2):

Omit “the widow of an Australian mariner in the case of his death”, substitute “a dependant of a deceased Australian mariner, being a person who is the widow of the mariner,”.

Subsection 18(4):

Omit “in the case of his total incapacity is”, substitute “is, if the degree of the incapacity is 100 per centum,”.

Paragraph 18(4A)(b):

Omit the paragraph, substitute the following paragraph:

(b) the Commission or a Pensions Committee is satisfied that, if the mariner were a veteran entitled, in respect of incapacity from war injury, to a pension under Veterans’ Entitlements Act 1986, section 23 of that Act would apply to the mariner;Part II of the

Subsection 18(7):

Omit “children of an Australian mariner”, substitute “dependants of a deceased Australian mariner, being dependants who are children of the mariner”.

Sections 19 and 20:

Repeal the sections.

Subsection 21(1):

After “Commission”, insert “or a Pensions Committee”.

Subsection 21(2):

Omit the subsection, substitute the following subsections:

an Australian mariner is being paid a pension under this Act in respect of incapacity:

from a war injury affecting the cerebro-spinal system; or

from a war injury that has caused a condition similar in effect or severity to an injury or disease affecting the cerebro-spinal system; and

the Commission or a Pensions Committee is of the opinion that the mariner has a need for the services of an attendant to assist the mariner;

the Commission or a Pensions Committee may grant to the mariner an allowance, called attendant allowance, at the rate of $57.40 per fortnight, for or towards the cost of the services of an attendant to assist the mariner.

a leg, foot, hand or arm that has been rendered permanently and wholly useless shall be treated as having been amputated; and

where an Australian mariner has lost an eye or the Commission or a Pensions Committee is of the opinion that the eyesight of an Australian mariner is so defective that the mariner has no useful sight in that eye, the mariner shall be deemed to have been blinded in that eye.

Omit “A claim”, substitute “An application”.

Omit paragraph (b), substitute the following paragraph:

“(b) shall be accompanied by such evidence available to the applicant as the applicant considers may support the application; and”.

Omit “the claim” from paragraph (c), substitute “the application”.

Omit “his claim” from paragraph (c), substitute “the application”.

Subsection 26AA(4):

Omit “a claim”, substitute “an application”.

Omit “the claim”, substitute “the application”.

Subsection 26AA(5):

Omit “a claim” (twice occurring), substitute “an application”.

Omit “claim” (third, fourth and fifth occurring), substitute “application”.

After section 26AA:

Insert the following section:

After “claim” (wherever occurring), insert “or application”.

After “claimant” (in paragraph (a)), insert “or applicant”.

Section 28:

Repeal the section.

Sections 28A, 29, 30 and 31:

Repeal the sections, substitute the following sections:

a person to whom a pension, allowance or other benefit under this Act is being paid, including a person to whom the whole or a part of such a pension, allowance or benefit is being paid for the purpose of being applied for the benefit of the pensioner;

a person whose claim or application for a pension or attendant allowance under this Act is under consideration by the Commission, a Pensions Committee, the Board or the Administrative Appeals Tribunal;

a person who is being provided with treatment under the Regulations; or

a person whose application to be provided with treatment under the Regulations is under consideration by the Commission;

a notice, in writing:

requiring the person, if an event or change of circumstances specified in the notice occurs or the person becomes aware that an event or change of circumstances so specified is likely to occur, to notify the Secretary, or the officer specified in the notice, of the occurrence, or likely occurrence, of that event or change of circumstances within such period after the occurrence of that event or change of circumstances or after the person becomes aware that that event or change of circumstances is likely to occur, as the case may be, as is specified in the notice; or

requiring the person to furnish to the Secretary, or to an officer specified in the notice, within the period specified in the notice, a statement, in accordance with a form approved by the Commission, relating to any matter specified in the notice, being a matter that might affect the payment of that pension, allowance or other pecuniary benefit under this Act or the provision of treatment under the Regulations.

to furnish, within the period and in the manner specified in the notice (being a period that ends not less than 14 days after the date of service of the notice), any such information specified in the notice to the officer specified in the notice;

to produce, within the period and in the manner specified in the notice (being a period that ends not less than 14 days after the date of service of the notice), any such documents specified in the notice to the officer specified in the notice; or

to appear on a date, and at a time and place, specified in the notice (being a date not less than 14 days after the date of service of the notice), before the officer specified in the notice, to give any such evidence, either orally or in writing, and to produce any such documents specified in the notice.

a reference in those provisions to the Commission shall be read as including a reference to a Pensions Committee;

a reference in those provisions to a pension shall be read as a reference to a pension under this Act;

a reference in those provisions to a decision of a Pensions Committee (by virtue of the application of paragraph (a) of this subsection) shall be read as including a reference to a determination of a Pensions Committee and an assessment made by a Pensions Committee;

(d) a reference in those provisions to Veterans’ Entitlements Act 1986 shall be read as a reference to section 35 of this Act, or to the corresponding subsection of section 35 of this Act, as the case may be;section 135, or to a subsection of that section, of the

(e) a reference in those provisions to a review under Veterans’ Entitlements Act 1986 shall be read as a reference to a review under section 55 of this Act;section 31 of the

(f) a reference in those provisions to an application under subsection 15(1) or (2) of the Veterans’ Entitlements Act 1986 shall be read as a reference to an application under subsection 26AA(1) or (2) of this Act;

(g) a reference in those provisions to a decision of a kind referred to in paragraph 135(5)(a), (b), (c) or (d) of the Veterans’ Entitlements Act 1986 shall be read as a reference to a decision:

assessing a rate of pension or increased rate of pension;

refusing to grant a pension on the ground that the extent of the incapacity of the Australian mariner is insufficient to justify the grant of a pension;

refusing to increase the rate of a pension; or

reducing the rate of a pension;

(h) a reference in those provisions to Veterans’ Entitlements Act 1986 shall be read as a reference to the provisions of Part IX of that Act that apply to an application under section 35 of this Act by virtue of subsection (1) of this section;Part IX of the

(j) a reference in those provisions to an application under Veterans’ Entitlements Act 1986 shall be read as a reference to an application under section 35 of this Act; andPart IX of the

a reference in those provisions to a veteran shall be read as a reference to an Australian mariner.

Section 40:

Repeal the section, substitute the following section:

a reference in those provisions to a reviewable decision shall be read as a reference to a reviewable decision as defined by section 38 of this Act;

a reference in those provisions to a pension shall be read as a reference to a pension under this Act;

a reference in those provisions to the Commission shall be read as including a reference to a Pensions Committee;

(d) a reference in those provisions to an application made under subsection 175(1) of the Veterans’ Entitlements Act 1986 shall be read as a reference to an application made under section 39 of this Act;

(e) a reference in those provisions to a claim in accordance with Veterans’ Entitlements Act 1986 shall be read as a reference to a claim in accordance with subsection 26(1) of this Act;section 14 of the

(f) a reference in those provisions to an application in accordance with Veterans’ Entitlements Act 1986 shall be read as a reference to an application in accordance with section 26AA of this Act; andsection 15 of the

(g) a reference to a decision of a kind described in subsection 175(7) or (8) of the Veterans’ Entitlements Act 1986 shall be read as a reference to a decision of a kind described in subsection 41(7) of this Act.

Section 41:

Add at the end the following subsection:

a decision of the Commission or a Pensions Committee that has been affirmed by the Board; or

a decision of the Board that was made in substitution for a decision of the Commission or a Pensions Committee;

the Administrative Appeals Tribunal need not make another decision in substitution for the decision so set aside.

Subsections 49(2) and (3):

Omit the subsections.

Sections 51, 52 and 53:

Repeal the sections.

Sections 54 and 54A:

Repeal the sections, substitute the following section:

approve payment of a pension to such person, other than the pensioner, and for such period, as the Commission, from time to time, determines, to be applied by that person for the benefit of the pensioner; or

approve:

payment to that pensioner of such part of the pension as the Commission, from time to time, determines; and

payment to such other person as the Commission so determines for such period as the Commission so determines of the balance of the pension to be applied by that other person for the benefit of the pensioner.

the time has not expired for making application to the Board under section 35 for a review of a decision of the Commission or a Pensions Committee with respect to:

a claim for a pension in accordance with section 26; or

an application for an increased pension, or for a pension, in accordance with section 26AA; or

an application has been duly made to the Board under section 35 for a review of such a decision of the Commission or a Pensions Committee but has not been determined by the Board;

the Commission may, in its discretion, review that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if it had been made by the Board, in substitution for the original decision, upon a review of the original decision.

Subsection 55(2):

Insert “and, with the consent of the applicant, vary that decision” after “review that decision”.

Subsection 55(5):

Omit “or (2)”.

Omit “or (2) (a)”.

Omit “or Administrative Appeals Tribunal, as the case may be,”.

After subsection 55(5):

Insert the following subsections:

having regard to any matter that affects the payment of a pension, being a matter that was not before the Commission, a Pensions Committee, the Board or the Administrative Appeals Tribunal, as the case requires, where the decision to grant the pension or a decision to vary the rate of the pension, was made; or

by reason of a refusal or failure of any person to comply with a provision of this Act;

a pension should be cancelled or suspended, or the rate of a pension is higher than it should be, the Commission may, by determination in writing, cancel or suspend, or decrease the rate of, the pension with effect, subject to subsection (5B), from the date of the determination or such later date as is specified in the determination.

by reason of the refusal or failure of a person to comply with a provision of this Act other than:

subsection 29(4) in relation to a notice under paragraph 29(1)(f); or

subsection 30(4); or

by reason that an amount has been paid by way of pension that, but for the false statement or misrepresentation of any person, would not have been paid;

a date earlier than the date of the determination may be specified in the determination as the date as from which the cancellation, suspension or decrease, as the case may be, is to take effect.

make, either orally or in writing, a false or misleading statement:

in connection with, or in support of, a claim or application made under this Act, or the Regulations, by that person or by another person for a pension, allowance or other benefit or for an increased pension, allowance or other benefit;

to deceive an officer doing duty in relation to this Act; or

to affect the rate of a pension, allowance or other pecuniary benefit payable under this Act or the Regulations;

obtain a payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, that is not payable;

obtain payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, by means of a false or misleading statement or of impersonation or a fraudulent device; or

make or present to the Commission or an officer, a statement or document that is false in a material particular.

use the goods for any other purpose; or

sell or otherwise dispose of, or pledge, mortgage or deposit by way of security any of those goods.

a person is convicted of an offence against subsection 58(1) or (2); or

a person is charged before a court with an offence against subsection 58(1) or (2) but the court, being satisfied that the charge has been proved, dismisses the charge or discharges the person without proceeding to a conviction, the court may (in the case of a person convicted of the offence, in addition to imposing a penalty in respect of the offence) order the person to repay to the Commonwealth an amount equal to the amount paid by way of pension, allowance or other pecuniary benefit under this Act or the Regulations in consequence of the act, failure or omission in respect of which the person was charged with the offence.

Omit paragraph (q), substitute the following paragraph:

“(q) a service pension, a wife’s service pension or a carer’s service pension under Veterans’ Entitlements Act 1986;”.Part III of the

Omit from subparagraph (r)(ii) “member of the Forces” (wherever occurring), substitute “veteran”.

Omit from paragraph (s) “member of the Forces”, substitute “veteran”.

Omit from paragraph (s) “member” (second occurring), substitute “veteran”.

Subsection 6(1) (definition of member of the Forces):

Omit the definition.

Subsection 6(1) (definition of prescribed pension):

Omit paragraph (e), substitute the following paragraph:

(e) a service pension, a wife’s service pension or a carer’s service pension under Veterans’ Entitlements Act 1986; orPart III of the

After the definition of unmarried person in subsection 6(1):

Insert the following definition:

veteran means a person who is a veteran for the purposes of any of the provisions of the Veterans’ Entitlements Act 1986.

Subparagraph 6AC(10)(b)(i):

Omit “a service pension under the Repatriation Act 1920”, substitute “a service pension, a wife’s service pension or a carer’s service pension under Part III of the Veterans’ Entitlements Act 1986”.

Subparagraph 6AC(10)(b(iii):

Omit “Repatriation Act 1920”, substitute “section 82 of the Veterans’ Entitlements Act 1986”.section 123AB of the

Subparagraph 6AC(11)(b)(i):

Omit “a service pension under the Repatriation Act 1920”, substitute “a service pension, a wife’s service pension or a carer’s service pension under Part III of the Veterans’ Entitlements Act 1986”.

Subparagraph 6AC(11)(b)(iii):

Omit “Repatriation Act 1920”, substitute “section 82 of the Veterans’ Entitlements Act 1986”.section 123AB of the

Subsection 6AC(13):

Omit “a service pension under the Repatriation Act 1920”, substitute “a service pension, a wife’s service pension or a carer’s service pension under Part III of the Veterans’ Entitlements Act 1986”.

After subsection 6A(3):

Insert the following subsection:

(a) Omit “service pension under the Repatriation Act 1920”, substitute “service pension under Part III of the Veterans’ Entitlements Act 1986”.

Omit “that subsection”, substitute “paragraph 47(3)(b) of that Act”.

Subsection 28(1EA):

Omit “, an allowance under Repatriation Act 1920”, substitute “or an allowance under Part VIII the annual rate of which is determined by reference to this Part”.Part VIII the annual rate of which is determined by reference to this Part or a service pension under the

Subsection 28A(6):

Omit “, or instalments of service pensions under the Repatriation Act 1920;”.

Paragraph 29(a):

(a) Omit “a service pension under the Repatriation Act 1920”, substitute “a service pension, a wife’s service pension or a carer’s service pension under the Veterans’ Entitlements Act 1986”.

(b) Omit “the Repatriation Act 1920” (second occurring), substitute “the Veterans’ Entitlements Act 1986”.

Paragraph 29(b):

Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Subparagraph 30A(3C)(b)(ii):

Omit the subparagraph, substitute the following subparagraph:

(ii) an allowance by way of rent assistance under Veterans’ Entitlements Act 1986;section 55 of the

Subsection 30B(2):

Omit “a service pension under the Repatriation Act 1920–1958”, substitute “a service pension, a wife’s service pension or a carer’s service pension under Part III of the Veterans’ Entitlements Act 1986”.

Subsection 31(1):

Omit “, an invalid pensioner or a service pensioner under the Repatriation Act 1920”, substitute “or an invalid pensioner”.

Subsection 31(1A):

Omit “or a service pensioner under the Repatriation Act 1920”.

Subparagraph 61B(1)(b)(ii):

Omit the paragraph, substitute the following paragraph:

(ii) a wife’s service pension under Veterans’ Entitlements Act 1986; andPart III of the

Paragraph 64(a):

Omit “the Repatriation Act 1920”, substitute “the Veterans’ Entitlements Act 1986”.

Section 81:

Repeal the section, substitute the following section: