Bills Digest no. 34, 2006-07-Australian Participants in British Nuclear Tests (Treatment) (Consequential Amendments and Transitional Provisions) Bill 2006


Index

Bills Digest no. 34 2006–07

Australian Participants in British Nuclear Tests (Treatment) (Consequential Amendments and Transitional Provisions) Bill 2006

WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details


Passage History

Australian Participants in British Nuclear Tests (Treatment) (Consequential Amendments and Transitional Provisions) Bill 2006

Date introduced: 14 September 2006

House: House of Representatives

Portfolio: Veterans' Affairs

Commencement: Sections 1 to 3 and any other provision in the Bill not covered in Schedules 1 and 2 on the day of Royal Assent. Schedules 1 and 2 at the same time as the Australian Participants in British Nuclear Tests (Treatment) Bill 2006 commences.

Purpose

A Bill to provide for consequential amendments to other Acts arising from the Australian Participants in British Nuclear Tests (Treatment) Bill 2006.

Background

The Australian Participants in British Nuclear Tests (Treatment) Bill 2006 provides for the testing and treatment for cancers for Australian participants in British nuclear tests in Australia in the 1950s and 60s.(1) This Bill amends other Acts as a consequence of this Bill.

Main provisions

Schedule 1 Consequential amendments

Items 1 and 2 amend the Aged Care Act 1997 (ACA) to allow the Secretary of the Department of Health and Ageing to release information to the Secretary of the Department of Veterans Affairs in connection to treatment or testing provided under the Australian Participants in British Nuclear Tests (Treatment) Bill 2006 (APBNTT).

Items 3 and 4 refers to section 96-10 of the ACA, which details that amounts provided or expended under the ACA, come out of the consolidated revenue fund. This amendment to subsection 96-10 clarifies that amounts expended or provided under the APBNTT are drawn from the consolidated revenue fund, under the APBNTT, rather than the ACA.

Items 5 and 6 amend the Income Tax Assessment Act 1997 (ITAA) to ensure that travel expenses are not taxable income for the purposes of the ITAA.

Item 7 amends the National Health Act 1953 (NHA) to include a person receiving treatment under the APBNTT as a person meeting the definition of a repatriation nursing home patient in the NHA. Previously, this definition only referred to persons defined as an eligible veteran in the NHA, which did not include nuclear tests participants.

Item 8 amends the NHA to change the definition of a Medicare card to include a card issued under the APBNTT.

Items 9 and 11 amend the NHA definition of a repatriation pharmaceutical benefit to include a pharmaceutical benefit provided under the APBNTT.

Item 12 amends the Social Security Act 1991 (SSA) to exempt as income payments provided under the APBNTT.

Schedule 2 Transitional provisions

The date that the government made its decision to provide for the treatment and testing for cancer for eligible nuclear test participants was 19 June 2006.(2) The date that treatment and screening is to be provided for can be up to three months prior to the date of claim or from 19 June 2006, whichever is the later. Items 1 and 2 in Schedule 2 are transitional provisions and ensure that the provision for treatment or testing can be made up to three months prior to the date of a claim but not before 19 June 2006, being the date the Government made its decision.

Concluding comments

This Bill provides for amendments to other Acts arising from the passage of the APBNTT. This Bill also provides for transitional provisions for the earliest start date that payments can be provided for testing or treatment under the APBNTT, being three months prior to the date of claim or 19 June 2006, whichever is the later.

Endnotes

  1. Peter Yeend and Amanda Biggs, Australian Participants in British Nuclear Tests (Treatment) Bill 2006, Bills Digest No. 31 2006-07, Parliamentary Library, Canberra, 6 October 2006. http://www.aph.gov.au/library/pubs/bd/2006-07/07bd031.pdf
  2. Australian Participants in British Nuclear Tests (Treatment) Bill 2006, Explanatory Memorandum, p. iii. http://parlinfoweb.parl.net/parlinfo/Repository/Legis/ems/Linked/14090604.pdf

Contact Officer and Copyright Details

Peter Yeend
Social Policy Section
12 October 2006
Bills Digest Service
Parliamentary Library

This paper has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Parliamentary Library, nor do they constitute professional legal opinion.

Staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public.

ISSN 1328-8091
© Commonwealth of Australia 2006

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by members of the Australian Parliament in the course of their official duties.

Published by the Parliamentary Library, 2006.

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