Document ID: chunk:federal_register_of_legislation:C2004A00814:clause:4_9:p1
Version: federal_register_of_legislation:C2004A00814
Segment Type: clause
Provision Reference: sch 4 cl 9 (pt 1/2)
Character Range: 66152–68660

9  Application and transitional

(1) The amendments made by items 6 and 7 apply to a person in respect of an amount that becomes a recoverable amount on or after 1 July 2001.

(2) In the case of a person in respect of whom an amount was a recoverable amount immediately before 1 July 2001, the following provisions of this item have effect.

(3) If the person was at 1 July 2001 receiving a pension, allowance or other pecuniary benefit under the Veterans' Entitlements Act 1986 or under the social security law:
 (a) if the person had not become liable before that day to pay an additional amount in respect of the relevant debt under subsection 205(5) of the Veterans' Entitlements Act 1986 as in force at any time before that day—neither the subsections repealed by item 6 nor the sections inserted by item 7 apply to the person in respect of the debt; or
 (b) if the person had become liable before that day to pay an additional amount in respect of the relevant debt under subsection 205(5) of the Veterans' Entitlements Act 1986 as in force at any time before that day—the subsections repealed by item 6 continue to apply to the person in respect of the debt and the sections inserted by item 7 do not apply.

(4) If:
 (a) the person was not at 1 July 2001 receiving a pension, allowance or other pecuniary benefit under the Veterans' Entitlements Act 1986 or under the social security law; and
 (b) the person had repaid part of the relevant debt before that day;
the following paragraphs have effect:
 (c) if the person had become liable before that day to pay an additional amount in respect of the relevant debt under subsection 205(5) of the Veterans' Entitlements Act 1986 as in force at any time before that day—the subsections repealed by item 6 continue to apply to the person in respect of the debt but, if the person fails on or after that day to make a payment in respect of the debt in accordance with an arrangement entered into with the Commission:
 (i) the Commission may give to the person a further notice in accordance with subsection 205AAA(3) inserted by item 7; and
 (ii) sections 205AAB, 205AAC and 205AAE inserted by that item apply;
 (d) if the person had not become liable before that day to pay an additional amount in respect of the relevant debt under subsection 205(5) of the Veterans' Entitlements Act 1986 as in force at any time before that day and the person fails on or after that day to make a payment in respect of the debt in accordance with an arrangement entered