Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p58
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 141029–143802

persons who are engaged as employees, the contract shall, for the purposes of this Act and any other law of the Commonwealth be taken to be a contract for the performance of services and not a contract of employment.".
Commencement: Day of Royal Assent

Trustees for pensioners
96. Section 202 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:
"(1) Where the Commission is satisfied that, having regard to the age, infirmity, ill health or improvidence of a pensioner, it is desirable that payment of a pension or allowance payable to the pensioner be made to another person as trustee for the pensioner, the Commission may, by

instrument in writing, appoint a person to be the trustee, or itself assume the office of trustee, of instalments of the pension or allowance, upon trust to apply them as provided in this section.".
Commencement: Day of Royal Assent

Recovery of overpayments
97. (1) Section 205 of the Principal Act is amended:
    (a) by omitting paragraph (2) (b) and substituting the following paragraph:
       "(b) from any amount that, because of the person's death, is to be dealt with in accordance with sections 123a to 123e (inclusive); or"; and
    (b) by inserting after subsection (4) the following subsection:
    "(4a) Where subsection 65 (7) applies to an amount of pension, subsection (1) does not apply to that amount.".
Commencement: Day of Royal Assent

(2) Section 205 of the Principal Act is amended by adding at the end the following subsection:
"(6) Where a person becomes liable to pay an additional amount under subsection (5), the amount may be recovered as if it were an amount that is recoverable under subsection (1).".
Commencement: Immediately after commencement of section 42 of the Social Security and Veterans' Entitlements Act 1987

References to provisions of the Social Security Act as re-numbered and re-lettered
98. A provision of the Principal Act specified in column 1 of an item in Schedule 1 to this Act is amended by omitting the matter or matters specified in column 2 of that item and substituting the matter or corresponding matters specified in column 3 of that item.
Commencement: Day of Royal Assent

PART IV—AMENDMENTS OF THE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940

Principal Act
99. In this Part, "Principal Act" means the Seamen's War Pensions and Allowances Act 19403.
Commencement: Day of Royal Assent

Interpretation
100. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definition in its appropriate alphabetical position (determined on a letter-by-letter basis):

     "application day' in relation to an Australian mariner who has made a claim for a pension or an application for an increase in the rate