{"id":"F2025L00819","name":"Veterans’ Entitlements (Means Test Treatment of Private Trusts–Excluded Trusts) Declaration 2025","slug":"veterans-entitlements-means-test-treatment-of-private-trusts-excluded-trusts-declaration-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106562,"registerId":"commonwealth-F2025L00819-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"![Coat of Arms of the Commonwealth of Australia](image.001.jpeg)\n\nVeterans’ Entitlements (Means Test Treatment of Private Trusts–Excluded Trusts) Declaration 2025\n\nThe Repatriation Commission makes the following instrument.\n\nDated 19 June 2025\n\nThe Seal of the\n\nRepatriation Commission\n\nwas affixed to this instrument\n\nat the direction of:\n\n| Alison Frame | Mark Brewer      |\n| ------------ | ---------------- |\n|              | AM CSC and Bar   |\n| President    | Deputy President |\n| Gwen Cherne  | Kahlil Fegan     |\n|              | DSC AM           |\n| Commissioner | Commissioner     |\n\n  \n\nContents\n\nPart 1—Preliminary 3\n\n1 Name 3\n\n2 Commencement 3\n\n3 Authority 3\n\n4 Repeals 3\n\n5 Purpose 3\n\n6 Definitions 3\n\nPart 2—Excluded trusts 4\n\n7 Community trusts are excluded trusts 4\n\n8 Fixed trusts created before reference time are excluded trusts 4\n\n  \n\n# Part 1—Preliminary\n\n## 1 Name\n\nThis instrument is the Veterans’ Entitlements (Means Test Treatment of Private Trusts–Excluded Trusts) Declaration 2025.\n\n## 2 Commencement\n\nThis instrument commences on the day after the day it is registered.\n\n## 3 Authority\n\nThis instrument is made under subsection 52ZZB(4) of the Veterans' Entitlements Act 1986 (the Act).\n\n## 4 Repeals\n\nThe Veterans’ Entitlements (Means Test Treatment of Private Trusts–Excluded Trusts) Declaration 2015 is repealed.\n\n## 5 Purpose\n\nThe purpose of this instrument is to specify classes of trusts that are excluded trusts for section 52ZZB of the Act.\n\n## 6 Definitions\n\n  In this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> community purpose means a purpose that is intended to benefit primarily the members of a particular community or group.\n\n> government body means:\n\n    a department or agency of the Commonwealth;\n    a department or agency of a State or Territory;\n    a municipal corporation or other local government body;\n    a body corporate in which the Commonwealth, a State or a Territory body holds a controlling interest.\n\n> income means income within the ordinary meaning of that expression.\n\n> indigenous-held land has the same meaning as in section 4B of the Aboriginal and Torres Strait Islander Act 2005.\n\n> reference time means 7.30 pm in the Australian Capital Territory on 9 May 2000.\n\n  \n\nPart 2—Excluded trusts\n\n## 7 Community trusts are excluded trusts\n\n  (1) For section 52ZZB of the Act, each trust that is a community trust under subsection (2) is an excluded trust.\n  (2) A community trust is a trust that has the sole or dominant purpose of:\n    (a) receiving, managing or distributing property transferred directly to it, or through an interposed entity, by a government body for a community purpose; or\n    (b) holding, managing or disposing of indigenous-held land, for a community purpose; or\n    (c) receiving, managing or distributing income that:\n    (i) has been generated from indigenous-held land; and\n    (ii) is applied for a community purpose.\n\n#### 8 Fixed trusts created before reference time are excluded trusts\n\n  (1) For section 52ZZB of the Act, each fixed trust created before the reference time is an excluded trust.\n  (2) However, a trust referred to in subsection (1) is not an excluded trust, if after the reference time:\n    (a) the trust has been varied under the trust deed; or\n    (b) there has been a transfer of property (other than income generated by the trust) to the trust.","sortOrder":0},{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"## 1 Name\n\nThis instrument is the Veterans’ Entitlements (Means Test Treatment of Private Trusts–Excluded Trusts) Declaration 2025.","sortOrder":1},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"## 2 Commencement\n\nThis instrument commences on the day after the day it is registered.","sortOrder":2},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"## 3 Authority\n\nThis instrument is made under subsection 52ZZB(4) of the Veterans' Entitlements Act 1986 (the Act).","sortOrder":3},{"sectionNumber":"4","sectionType":"part","heading":"Repeals","content":"## 4 Repeals\n\nThe Veterans’ Entitlements (Means Test Treatment of Private Trusts–Excluded Trusts) Declaration 2015 is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"part","heading":"Purpose","content":"## 5 Purpose\n\nThe purpose of this instrument is to specify classes of trusts that are excluded trusts for section 52ZZB of the Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"part","heading":"Definitions","content":"## 6 Definitions\n\n  In this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> community purpose means a purpose that is intended to benefit primarily the members of a particular community or group.\n\n> government body means:\n\n    a department or agency of the Commonwealth;\n    a department or agency of a State or Territory;\n    a municipal corporation or other local government body;\n    a body corporate in which the Commonwealth, a State or a Territory body holds a controlling interest.\n\n> income means income within the ordinary meaning of that expression.\n\n> indigenous-held land has the same meaning as in section 4B of the Aboriginal and Torres Strait Islander Act 2005.\n\n> reference time means 7.30 pm in the Australian Capital Territory on 9 May 2000.\n\n  \n\nPart 2—Excluded trusts","sortOrder":6},{"sectionNumber":"7","sectionType":"part","heading":"Community trusts are excluded trusts","content":"## 7 Community trusts are excluded trusts\n\n  (1) For section 52ZZB of the Act, each trust that is a community trust under subsection (2) is an excluded trust.\n  (2) A community trust is a trust that has the sole or dominant purpose of:\n    (a) receiving, managing or distributing property transferred directly to it, or through an interposed entity, by a government body for a community purpose; or\n    (b) holding, managing or disposing of indigenous-held land, for a community purpose; or\n    (c) receiving, managing or distributing income that:\n    (i) has been generated from indigenous-held land; and\n    (ii) is applied for a community purpose.\n\n#### 8 Fixed trusts created before reference time are excluded trusts\n\n  (1) For section 52ZZB of the Act, each fixed trust created before the reference time is an excluded trust.\n  (2) However, a trust referred to in subsection (1) is not an excluded trust, if after the reference time:\n    (a) the trust has been varied under the trust deed; or\n    (b) there has been a transfer of property (other than income generated by the trust) to the trust.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2015 declaration but, on its face, specifies classes of trusts to be treated as excluded trusts (community trusts and pre‑reference‑time fixed trusts with stated exceptions). The text does not state whether this expands or narrows the scope of the prior declaration, so no explicit change of scope is indicated within this document alone."},"complexity_factors":["External statutory cross-references: depends on section 52ZZB of the Veterans' Entitlements Act 1986 and the definition of indigenous‑held land in s4B of the Aboriginal and Torres Strait Islander Act 2005.","Temporal cut-off: a fixed historical 'reference time' (7:30 pm ACT, 9 May 2000) creates bright‑line but fact‑sensitive rules for fixed trusts and subsequent events.","Definitions with subjective content: 'community purpose' is defined by intent to benefit a particular community, which requires factual assessment of purpose and beneficial class.","Conditional exceptions: fixed trusts are excluded unless the trust deed was varied or non‑income property was transferred after the reference time, requiring document and transaction tracing.","Multiple actor types: the rules implicate trustees, beneficiaries, applicants and government bodies (a broad definition), spreading compliance obligations.","Evidentiary and administrative burden: instrument does not set proof standards, so implementation relies on Commission procedures to assess trust status and timing.","Replaces earlier instrument: repeal of the 2015 declaration requires comparators outside this text to determine any substantive change.","Potential overlap with trust law: interaction with trust deeds and common law concepts (fixed trust, variation, transfers) may require legal interpretation."],"plain_english_summary":"This declaration tells the Repatriation Commission which private trusts are treated as “excluded trusts” for the Veterans’ Entitlements Act means test: community trusts that hold government‑transferred property or manage indigenous‑held land or related income for a community purpose, and fixed trusts created before 7:30 pm ACT on 9 May 2000 (unless varied or given property after that time).\n\nEffect: assets or income in those excluded trusts are not counted in means tests. Veterans, trustees and the Commission must establish trust type and timing, creating evidential and compliance tasks and influencing whether trustees vary deeds or transfer property."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2015 Declaration with identical scope. It maintains the same two categories of excluded trusts (community trusts and pre-2000 fixed trusts) without expansion into new trust types or additional means test carve-outs. The instrument serves its original narrow purpose: specifying which trusts are excluded from the private trust means test rules in section 52ZZB of the Veterans' Entitlements Act 1986."},"complexity_factors":["Only 6 defined terms in the interpretation section","Straightforward two-part structure (preliminary + substantive provisions)","Single conditional exception in section 8(2) with two clear triggers","Minimal cross-referencing — only refers back to the parent Act (Veterans' Entitlements Act 1986) for its enabling power and one defined term ('indigenous-held land')","No nested exceptions or complex temporal calculations beyond the fixed reference date (9 May 2000)","Short length (8 sections total, approximately 2 pages)"],"plain_english_summary":"This declaration says certain trusts shouldn’t be counted as a veteran’s assets or income when Centrelink or DVA assesses pension eligibility—so the money/property in them won’t reduce entitlements. It principally covers community trusts (including those holding or managing Indigenous land and its income) and longstanding fixed trusts created before 9 May 2000, subject to limits if they’ve been altered or received new capital.  \n\nIt matters to veterans, their families and trustees because it protects community and old family arrangements from unfairly reducing pensions."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-means-test-treatment-of-private-trusts-excluded-trusts-declaration-2025","history":"/api/acts/veterans-entitlements-means-test-treatment-of-private-trusts-excluded-trusts-declaration-2025/history","analysis":"/api/acts/veterans-entitlements-means-test-treatment-of-private-trusts-excluded-trusts-declaration-2025/analysis","conflicts":"/api/acts/veterans-entitlements-means-test-treatment-of-private-trusts-excluded-trusts-declaration-2025/conflicts","importantCases":"/api/acts/veterans-entitlements-means-test-treatment-of-private-trusts-excluded-trusts-declaration-2025/important-cases","documents":"/api/acts/veterans-entitlements-means-test-treatment-of-private-trusts-excluded-trusts-declaration-2025/documents"}}