Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p34
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 34/35)
Character Range: 123190–126013

is of the view that it is reasonable for the applicant to be so accompanied by an attendant;

the attendant is, subject to this section, entitled to be paid in relation to that travel the travelling expenses that are prescribed.

"(3) Travelling expenses are not payable in respect of travel outside Australia.

"(4) Travelling expenses are not payable unless:

    (a) the person who has incurred the expenses; or

    (b) any person approved by that person or by the Commission; applies in writing to the Commission for payment under subsection (5).

"(5) The application for payment must be:

    (a) in accordance with a form approved by the Commission; and

    (b) made within 3 months after the end of the travel; and

    (c) lodged, together with any document that the applicant considers relevant, at an office of the Department in Australia.

"(6) The Commonwealth is to pay the travelling expenses to which a person is entitled under this section.

Advance of travelling expenses

"196ZP.(1) If the Commission is satisfied that:

    (a) it is reasonable to expect that a person may become entitled to travelling expenses under section 196ZO; and

    (b) it is appropriate, in all the circumstances, that the person should be paid an advance on account of those expenses;

the Commission may authorise the payment of that advance to the person.

"(2) If:

    (a) a person has received an advance on account of any travelling expenses that the person is likely to incur; and

    (b) the person:

       (i) does not incur those travelling expenses; or

       (ii) incurs travelling expenses that are less than the amount of the advance;

the person is liable to repay to the Commonwealth:

    (c) the amount of the advance; or

    (d) the difference between the amount of the advance and the amount of the travelling expenses;

as the case requires.".

PART 3—AMENDMENTS OF THE VETERANS' AFFAIRS (1994-95 BUDGET MEASURES) LEGISLATION AMENDMENT ACT 1994

Principal Act

55. In this Part, "Principal Act" means the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 19942.

Repeal and substitution of sections

56. Sections 42 and 43 of the Principal Act are repealed and the following sections are substituted:

Rent definitions

"42. Section 5N of the Principal Act is amended by omitting the definition of 'disability pension'.

General definitions

"43. Section 5Q of the Principal Act is amended by inserting in subsection (1) the following definitions:

" '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)