Explanatory Memorandum
(Circulated by authority of the Minister for Veterans' Affairs, The Honourable Michael McCormack MP)Schedule 8 - other amendments
Australian Participants in British Commonwealth Occupation Force (Treatment) Act 2006
The amendments made by Schedule 8, Item 1, amends the existing provisions related to eligibility for treatment under the Australian Participants in British Commonwealth Occupation Force (Treatment) Act 2006. The amendment will enable a person who was a member of the Australian Defence Force (ADF) and who served in Japan at any time during 16 August 1945 to the end of 30 January 1946 to be eligible for medical treatment (gold card). This amendment is intended to extend the gold card eligibility for those members of the ADF who served in Japan prior to the British Commonwealth Occupation Force (BCOF).
Veterans' Entitlements Act 1986
The amendments made by Schedule 8, Item 2 will align the pension age in the Veterans' Entitlements Act 1986 with the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) this further aligns the pension age within veteran legislation with Commonwealth legislation.
The amendments made by Schedule 8, Items 3-6, are technical amendments to more accurately reflect and stream line the operation of the legislation. These amendments are related to the pharmaceutical benefits amendments made in the Veterans Affairs Legislation Amendment (Omnibus) Act 2017. These amendments remove incorrect references and make amendments to more accurately reflect the intent and operation of the provisions.
These amendments commence the day after the Act receives Royal Assent.
Notes of Clauses:
Item 1 amends paragraph 7(1)(a) of the Australian Participants in British Nuclear Test and British Commonwealth Occupation Force (Treatment) Act 2006. New paragraph 7(1)(a) will add three new subparagraphs to provide "a person is eligible to be provided treatment under this Act if the person is a nuclear test participant or a British Commonwealth Force participant or a person who served as a member of the Australian Defence Force in Japan at any time during the period of 16 August 1945 to the end of 30 January 1946". Existing paragraph 7(1)(b) provides the person must be an Australian resident.
The effect of this amendment is to add new subparagraph 7(1)(a)(iii) to enable medical treatment to be provided to a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946. The existing eligible persons in described in paragraph 7(1)(a) have been separated into subparagraphs 7(a)(i) and (ii) - this amendment is a reorganisation of the provision.
The purpose of this amendment is to allow ADF members who served in Japan between 16 August and 1945 and 30 January 1946, prior to British Commonwealth Occupation Force, to be eligible to receive medical treatment (Gold Card) under the Act.
Item 2 amends subsection 37E(1) of the Veterans Entitlement Act 1986 (VEA) to omit "he has turned 65 or she has reached pension age (within the meaning of subsection 5QB(3), (4) and (5))", and substitute it to "he or she has reached pension age (within the meaning of subsection 5QB(2), (3), (4) and (5))".
This amendment will align the pension age under veteran legislation to the pension age specified under Commonwealth legislation. The Commonwealth pension age for a person born on or after 1 January 1957 is 67 years for both men and women.
Item 3 amends subparagraph 63B(1)(a)(ii) of the VEA to substitute 'concession card requirement' to 'concession requirement'. This is a technical amendment to more accurately reflect the legislative provision the eligibility for essential medical equipment payment.
Item 4 amends the heading in section 63D from 'The concession card requirement' to "63D The concession requirement". This is technical amendment to better reflect the intent of the section.
Item 5 amends subsection 63D(1) to omit 'concession card requirement' and replace it with 'concession requirement'. This is a technical amendment to reflect the intent of the section. There is no alteration in the concession card policy or eligibility requirements.
Item 6 amends subsection 63D(1) to include new paragraph 63D(1)(c) to specify when a person is eligible for the concession requirement. Where a person is eligible for fringe benefits under section 53A they become eligible for the concession requirement on that day.
The effect of this amendment is to clarify a person who satisfies section 53A will come within the definition of 'concessional beneficiary' under the National Health Act 1953 and may access discounted pharmaceuticals on the day they become eligible for fringe benefits.
Item 7 repeals paragraph 63D(2)(a) and is a technical amendment. This amendment is consequential to the amendment made at item 6. There is no alteration in the concession card policy or eligibility requirements.
Item 8 is the application provision for sections 63B and 63D of the VEA (Items 3 - 7) and applies in the income year in which the item commences where the essential medical equipment payment (EMEP) test day is on or after the day this commences, and each later income year.