58AC

58AC Order for repayment of pension, &c.

(1) Where: (a) a person is convicted of an offence against subsection 58(1) or (2); or (b) 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. (2) For the purposes of subsection (1), a certificate, under the hand of the Secretary, that an amount specified in the certificate is the amount that has been paid to a person by way of pension, allowance or other pecuniary benefit in consequence of any act, failure or omission specified in the certificate is prima facie evidence of the matters specified in the certificate.

Paragraph 59(1)(e):

Omit “Schedule 5 of the Repatriation Act 1920”, substitute “section 27 of the Veterans’ Entitlements Act 1986”.

Schedule 1:

Omit from the heading to column 1 “to widow on death of Australian mariner”, substitute “to a dependant of a deceased Australian mariner, being the widow of the mariner”.

Schedule 2:

Repeal the Schedule, substitute the following Schedule:

Schedule 2—Attendant allowance

Section 21

Schedules 3 and 4:

Repeal the Schedules.

Social Security Act 1947

Subsection 6(1) (definition of income):

(a) Omit paragraph (q), substitute the following paragraph:
“(q) a service pension, a wife’s service pension or a carer’s service pension under Part III of the Veterans’ Entitlements Act 1986;”.
(b) Omit from subparagraph (r)(ii) “member of the Forces” (wherever occurring), substitute “veteran”.
(c) Omit from paragraph (s) “member of the Forces”, substitute “veteran”.
(d) 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 Part III of the Veterans’ Entitlements Act 1986; or

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

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

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:

(3A) The reference in paragraph (3)(b) to a service pension under the Repatriation Act 1920 that a person has continued to receive since 1 November 1984 shall, on and after the date of commencement of the Veterans’ Entitlements Act 1986, be read as a reference to such a pension that the person continued to receive during the period from and including 1 November 1984 to and including the day immediately before that date of commencement and that the person has continued to receive on and after that date of commencement as if that pension were a service pension, a wife’s service pension or a carer’s service pension, as the case requires, granted under Part III of the Veterans’ Entitlements Act 1986.

Paragraph 17D(1)(a):

Omit “an allowance under section 98AA of the Repatriation Act 1920”, substitute “remote area allowance under section 57 of the Veterans’ Entitlements Act 1986”.

Subsection 28(1C):

(a) Omit “service pension under the Repatriation Act 1920”, substitute “service pension under Part III of the Veterans’ Entitlements Act 1986”.
(b) Omit “that subsection”, substitute “paragraph 47(3)(b) of that Act”.

Subsection 28(1EA):

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

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 section 55 of the Veterans’ Entitlements Act 1986;

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 Part III of the Veterans’ Entitlements Act 1986; and

Paragraph 64(a):

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

Section 81:

Repeal the section, substitute the following section: