Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"account" , in relation to a financial institution, means the account maintained by a person with the institution to which is credited money received on deposit by the institution from that person.
"actual market exchange rate" in relation to a foreign currency, means the on-demand airmail buying rate in relation to that foreign currency available at the Commonwealth Bank of Australia.
"approved Guide to the Assessment of Rates of Veterans' Pensions" means:
(a) the document, prepared by the Commission under section 29 under the title "Guide to the Assessment of Rates of Veterans' Pensions", that has been approved by the Minister and is for the time being in force; or
(b) if an instrument varying that document has been approved by the Minister, that document as so varied.
"approved Treatment Principles" means:
(a) the document, prepared by the Commission under section 90 under the title "Treatment Principles", that has been approved by the Minister, and is for the time being in force; or
(b) if an instrument varying that document has been approved by the Minister, that document as so varied.
"Australia" , when used in a geographical sense, includes the external Territories for the purposes of section 5PAA, Parts III, IIIA and IIIAB, Division 8A of Part IIIB, Subdivision E of Division 11 of Part IIIB, sections 52ZO and 58A, Parts IIID, VIIA, VIIAD and VIIC, section 132 and Schedule 6.
"austudy payment" has the meaning given by the Social Security Act 1991 .
"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959 .
"benevolent home" means a home that is a benevolent home for the purposes of the Social Security Act.
"Board" means the Veterans' Review Board continued in existence by section 134.
"comparable foreign pension" means a payment that is:
(a) available from a foreign country; and
(b) similar to a service pension, income support supplement or a social security pension.
"CTPA" means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .
"decision" includes a determination and an assessment.
"Defence Force Income Support Allowance or DFISA" means Defence Force Income Support Allowance under Part VIIAB.
"DFISA bonus" means DFISA bonus under Part VIIAB (and does not include DFISA bonus bereavement payment under Subdivision C of Division 3 of that Part).
"DFISA bonus bereavement payment" means a DFISA bonus bereavement payment under Subdivision C of Division 3 of Part VIIAB.
"disability pension" , for the purposes of Parts III and IIIA, means:
(a) a pension under Part II or IV (other than a pension that is payable under section 30 to a dependant of a deceased veteran); or
(b) temporary incapacity allowance under Part VI; or
(c) a pension payable because of subsection 4(6) or (8B) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child); or
(d) a payment (other than a pension referred to in paragraph (a) or (c) of this definition) that is a payment in respect of incapacity or death resulting from employment in connection with a war or war‑like operations in which the Crown has been engaged.
"exempt funeral investment" has the meaning given by section 5PC.
"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999 .
"financial institution" means a corporation that is an ADI for the purposes of the Banking Act 1959 .
"foreign exchange period" means:
(a) the period commencing 20 September and ending on the day before the pension payday that falls closest to the middle of the 6 month period commencing 20 September; and
(b) the period starting from the pension payday referred to in paragraph (a) and ending on 19 March; and
(c) the period commencing 20 March and ending on the day before the pension payday that falls closest to the middle of a 6 month period commencing 20 March; and
(d) the period starting from the pension payday referred to in paragraph (c) and ending on 19 September.
"general rate" means the maximum rate per fortnight specified in subsection 22(3).
"immediate family member" , of a person, means an individual:
(a) who is a natural parent, adoptive parent or step‑parent of the person; or
(ab) who is the person's parent because of subsection 10A(1); or
(b) who is, or was when the person was under 18 years of age, a legal guardian of the person; or
(c) who is a grandparent of the person; or
(d) who is a sibling of the person.
"incentive allowance " has the meaning that was given to that expression by the Social Security Act 1991 as in force immediately before 12 November 1991.
" Income Tax Assessment Act" means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 .
"joint ownership" includes ownership as joint tenants or tenants in common.
"Military Rehabilitation and Compensation Commission" means the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA.
"MRCA" means the Military Rehabilitation and Compensation Act 2004 .
"MRCA commencement date" means the date on which section 3 of the MRCA commences.
"organisation representing veterans" means:
(a) an organisation:
(i) whose members include veterans throughout the Commonwealth; and
(ii) whose objects include that of representing veterans throughout the Commonwealth; or
(b) an organisation:
(i) whose members include persons throughout the Commonwealth who are receiving or eligible to receive pensions under Part II as dependants of veterans; and
(ii) whose objects include that of representing those persons throughout the Commonwealth.
"pension" , in Parts IIIA, IIIAB, IIIB and IIIC, section 122B and Schedule 6, includes income support supplement.
(a) in relation to a veteran--has the meaning given by section 5QA; or
(b) in relation to a person other than a veteran--has the meaning given by section 5QB.
Note: The qualifying age for income support supplement is separately provided for (see section 5Q).
"pension bonus" means pension bonus under Part IIIAB (and does not include pension bonus bereavement payment under Division 11A of that Part).
"pension bonus bereavement payment" means a pension bonus bereavement payment under Division 11A of Part IIIAB.
(a) the Thursday falling on 11 July 1991; and
(b) each succeeding alternate Thursday.
"pension period" means a period of 2 weeks that:
(a) starts 2 days before the beginning of a pension payday; and
(b) ends 2 days before the beginning of the next pension payday.
"pension supplement amount" , for a person:
(a) whose rate of service pension is worked out under subpoint SCH6‑A1(2) or (3) of Schedule 6; or
(b) whose rate of service pension is worked out under subpoint SCH6‑A1(4) of Schedule 6 and is the provisional rate worked out under that subpoint;
means the amount worked out and added under the pension supplement Module of the Rate Calculator.
"physically present in a remote area" has the meaning given by subsection (2).
"principal beneficiary" , of a special disability trust, has the meaning given by subsection 52ZZZWA(1).
"qualifying age" for a person means:
(a) if the person is a veteran--the pension age for that person; or
(b) if the person is not a veteran--the age that would be the pension age for that person if he or she were a veteran.
"quarterly pension supplement" means the separate payment described in subsection 60A(1).
"Rate Calculator" means the Rate Calculator in Part 2 of Schedule 6.
"recoverable amount" has the meaning given by subsection 205(8).
(a) those parts of Australia referred to in Part I of Schedule 2 to the Income Tax Assessment Act; and
(aa) those parts of Australia referred to in Part II of that Schedule to that Act that are further than 250 kilometres by the shortest practicable surface route from the nearest urban centre with a census population (within the meaning of that Act) of 2,500 or more; and
(ab) those places in Australia that, for the purposes of that Act, are treated as if they were in a part of Australia referred to in paragraph (a) or (aa).
"remunerative work" includes any remunerative activity.
"Repatriation Private Patient Principles" means the principles, as in force from time to time, determined by the Commission under section 90A.
(a) in relation to a person who is a war widow or a war widower but is not a veteran--means the age that would be the pension age for that person if he or she were a veteran; or
(b) in relation to any other person--means the pension age for that person.
"Secretary" means the Secretary to the Department.
"seniors supplement" means seniors supplement under Part VIIAD.
(a) an age service pension; or
(b) an invalidity service pension; or
(c) a partner service pension.
"service pensioner" means a person who is receiving a service pension.
"sibling" , of a person, except for the purposes of sections 123 to 123E, includes a half-brother, half-sister, adoptive brother, adoptive sister, stepbrother or stepsister of the person, but does not include a foster-brother or foster-sister of the person.
Note: For the meaning of sibling in sections 123 to 123E, see subsection 123(1).
" Social Security Act" means the Social Security Act 1991 .
"social security benefit" has the same meaning as it has in the Social Security Act.
"social security payment" has the same meaning as in the Social Security Act.
"social security pension" has the same meaning as it has in the Social Security Act.
"special disability trust" has the meaning given by section 52ZZZW.
"tax file number" has the same meaning as in Part VA of the Income Tax Assessment Act 1936 .
(a) a year of income (within the meaning of the Income Tax Assessment Act 1936 ); or
(b) an income year (within the meaning of the Income Tax Assessment Act 1997 ).
"temporarily" , in relation to a departure or absence from Australia, has a meaning affected by subsection (3) or (4), as the case requires.
(a) tobacco (in any form); or
(b) any product that:
(i) contains tobacco as its main or a substantial ingredient; and
(ii) is not included in the Australian Register of Therapeutic Goods kept under the Therapeutic Goods Act 1989 .
"use" , in relation to a tobacco product, includes smoke, chew or inhale.
"war widow/war widower--pensioner" means:
(a) a person who is receiving a pension under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
(b) a person who has received a lump sum mentioned in paragraph 234(1)(b) of the MRCA, or who is receiving a weekly amount mentioned in that paragraph.
"youth allowance" has the meaning given by the Social Security Act 1991 .
(1A) In Parts VIII, XI and XIA, unless the contrary intention appears:
"defence service" has the same meaning as in Part IV.
"hazardous service" , in relation to a member of the Forces, has the same meaning as in section 120.
"member of a Peacekeeping Force" has the same meaning as in Part IV.
"member of the Forces" has the same meaning as in Part IV.
"peacekeeping service" has the same meaning as in Part IV.
Definition of relates to service for injuries, diseases and deaths
(1B) For the purposes of this Act, an injury, disease or death relates to service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i) to a place for the purpose of performing duty; or
(ii) away from a place of duty upon having ceased to perform duty; or
(d) in the case of an injury--it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(e) in the case of a disease--it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(f) in the case of a death of a person--it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service.
Definition of relates to service for aggravations and material contributions
(1C) For the purposes of this Act, an aggravation of, or a material contribution to, an injury or disease relates to service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i) to a place for the purpose of performing duty; or
(ii) away from a place of duty upon having ceased to perform duty; or
(d) in the case of an aggravation of, or a material contribution to, an injury--it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(e) in the case of an aggravation of, or a material contribution to, a disease--it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service.
(2) If:
(a) a person's usual place of residence is in the remote area; and
(b) the person is absent from the remote area for a period;
the person is to be taken to be physically present in the remote area during:
(c) if the period does not exceed 8 weeks--the whole of that period; or
(d) if the period exceeds 8 weeks--the first 8 weeks of that period.
Note: the rule set out in subsection (2) may be modified by a determination under subsection 5R(11) or 5R(12).
(3) In determining whether a person has left Australia temporarily or otherwise, regard is to be had to the following:
(a) the purpose for which the person left Australia;
(b) the intended duration of the person's absence from Australia;
(c) the frequency of the occasions on which the person has left Australia.
(4) In determining whether a person is absent from Australia temporarily or otherwise, regard is to be had to the following:
(a) the purpose of the absence;
(b) the intended duration of the absence;
(c) the frequency of such absences.
(5) For the purposes of this Act, if under a provision of this Act one person is the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975 , relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
Note: Paragraph 10(1)(b) and paragraph (b) of the definition of child in section 52ZO are examples of provisions under which one person may be the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975 .
(6) Subsection (5) does not apply for the purposes of determining when a person and his or her partner are within a prohibited relationship under subsection 5E(6). However, this does not prevent expressions used in subsection 5E(6) from having their ordinary meaning.
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]