Document ID: chunk:federal_register_of_legislation:C2004A04149:body:0:p18
Version: federal_register_of_legislation:C2004A04149
Segment Type: other
Provision Reference: 
Character Range: 49868–52835

lump sum payment is made under section 137 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 to a person who is:

         (i) a member of the Forces or a member of a Peacekeeping Force, in respect of the incapacity of the member from injury or disease; or

          (ii) a dependant of a member of the Forces or of a member of a Peacekeeping Force, in respect of the death of the member from injury or disease; and

     (b) that person is in receipt of, or is subsequently granted, a pension under this Part in respect of that incapacity or death;

the person is taken to have been, or to be, in receipt of payments of compensation:

     (c)    that is determined by, or under the instructions of, the Commonwealth Actuary to be equivalent to the amount of that lump sum payment; and

     (d)   at the rate per fortnight for the person's life determined by, or under the instructions of, the Commonwealth Actuary; and

   (e)    beginning:

         (i) on the day that lump sum payment is made to that person; or

     (ii) on the day the pension becomes payable to the person; whichever is the later day.".
SCHEDULE 3—continued

             Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986

Section 12:

  Repeal the section.

             PART 2

             Veterans' Entitlements Act 1986

Section 5 (Index of definitions):

Insert the following terms in their respective appropriate alphabetical positions (determined on a letter-by-letter basis):

"exempt funeral investment 5q (1)

"tax year 5q (1)

"type A funeral investment 5q (1)

"type B funeral investment 5q (1)".

Subsection 5d (1) (definition of "disease"):

  Omit the definition, substitute:

" 'disease' means:

    (a)     any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or

    (b)     the recurrence of such an ailment, disorder, defect or morbid condition;

but does not include:

    (c)     the aggravation of such an ailment, disorder, defect or morbid condition; or

  (d)     a temporary departure from:

       (i) the normal physiological state; or

     (ii) the accepted ranges of physiological or biochemical measures; that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels);".

After subsection 5g (1):

  Insert:

"(1a) In deciding for the purposes of this Act whether or not a person resides in Australia, regard must be had to:

     (a) the nature of the accommodation used by the person in Australia; and
SCHEDULE 3—continued

    (b)     the nature and extent of the family relationships the person has in Australia; and

    (c)     the nature and extent of the person's employment, business or financial ties with Australia; and

    (d)     any other matter relevant to determining whether the