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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Veterans’
Entitlements Amendment (Electronic Delivery) Bill
2004
No. ,
2004
(Veterans’
Affairs)
A Bill for an Act to amend the
Veterans’ Entitlements Act 1986 to facilitate electronic
communications under that Act, and for related purposes
Contents
Veterans’ Entitlements Act
1986 3
A Bill for an Act to amend the Veterans’
Entitlements Act 1986 to facilitate electronic communications under that
Act, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Veterans’ Entitlements Amendment
(Electronic Delivery) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Veterans’
Entitlements Act 1986
1 Section 5T
Repeal the section, substitute:
(1) This section regulates the lodgment of all claims, applications,
requests or other documents under this Act.
Note: So far as concerns the lodgment of documents with the
Veterans’ Review Board, the Repatriation Medical Authority and the
Specialist Medical Review Council, these matters are dealt with in Parts IX, XIA
and XIB respectively.
(2) For the purposes of this Act, a claim, application, request or other
document, other than a claim, application, request or other document that is
approved by the Commission for electronic lodgment and that is transmitted
electronically:
(a) is taken to have been lodged at an office of the Department in
Australia only if the claim, application, request or other document
is:
(i) lodged at a place approved by the Commission for the purposes of this
subsection; or
(ii) delivered to a person approved by the Commission for the purposes of
this subsection; and
(b) is taken to have been so lodged on the day on which it is received at
that place or delivered to that person.
(3) For the purposes of this Act, a claim, application, request or other
document that is approved by the Commission for electronic lodgment and that is
transmitted electronically:
(a) is taken to have been lodged at an office of the Department in
Australia only if the claim, application, request or document is transmitted
electronically:
(i) in a manner approved by the Commission for the purposes of this
subsection; and
(ii) to an electronic address approved by the Commission for the purposes
of this subsection;
in relation to claims, applications, requests or documents of that kind;
and
(b) is taken to have been so lodged on the day on which it is so received
at that electronic address.
(4) Claims, applications, requests and other documents transmitted
electronically other than in a manner approved by the Commission or to an
electronic address other than an electronic address approved by the Commission
are not to be treated as having been validly lodged.
(5) The Commission may approve a place within or outside Australia for the
purposes of subparagraph (2)(a)(i).
(6) For the purposes of this Act, a claim, application, request or other
like document is taken to have been made on the day on which, under
subsection (2) or (3), it is taken to have been lodged at an office of the
Department in Australia.
(7) For the purposes of this Act, a notice or like document is taken to
have been given on the day on which, under subsection (2) or (3), it is
taken to have been lodged at an office of the Department in Australia.
(8) If any provision of this Act requires any material to be lodged in
support of a claim, application, request or other document, that supporting
material:
(a) unless paragraph (b) applies—may be lodged in accordance
with this section in the same manner as the claim, application, request or other
document to which it relates; and
(b) if the supporting material is not appropriate to be lodged in the same
manner as the claim, application, request or other document to which it
relates—may be lodged in such other manner contemplated by this section as
the Commission approves.
2 Paragraph 13AC(c)
Repeal the paragraph, substitute:
(c) is to be lodged at an office of the Department in Australia in
accordance with section 5T and is taken to have been made on a day
determined under that section.
3 Section 13AD
Repeal the section.
4 Paragraph 14(3)(c)
Repeal the paragraph, substitute:
(c) is to be lodged at an office of the Department in Australia in
accordance with section 5T and is taken to have been made on a day
determined under that section.
5 Paragraph 15(3)(c)
Repeal the paragraph, substitute:
(c) is to be lodged at an office of the Department in Australia in
accordance with section 5T and is taken to have been made on a day
determined under that section.
6 Subsection 33(1)
Omit “forwarded to the Secretary at an office of the Department in
Australia”, substitute “lodged in accordance with
section 5T”.
7 At the end of
section 35D
Add:
; and (d) lodged at an office of the Department in Australia in accordance
with section 5T.
(2) A claim lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
Note: The heading to section 35D is replaced by the
heading “Making a claim”.
8 Section 35E
Repeal the section.
9 Subsection 35F(3)
Repeal the subsection, substitute:
(3) A withdrawal may be made either orally or by document lodged at an
office of the Department in Australia in accordance with
section 5T.
10 Section 35FA
Repeal the section.
11 At the end of subsection
36F(1)
Add:
; and (d) lodged at an office of the Department in Australia in accordance
with section 5T.
12 At the end of
section 36F
Add:
(3) A claim lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
Note: The heading to section 36F is replaced by the
heading “Making a claim”.
13 Section 36G
Repeal the section.
14 Subsection 36J(3)
Repeal the subsection, substitute:
(3) A withdrawal may be made either orally or by document lodged at an
office of the Department in Australia in accordance with
section 5T.
15 Section 36JA
Repeal the section.
16 At the end of
section 37F
Add:
; and (d) lodged at an office of the Department in Australia in accordance
with section 5T.
(2) A claim lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
Note: The heading to section 37F is replaced by the
heading “Making a claim”.
17 Section 37G
Repeal the section.
18 Subsection 37J(3)
Repeal the subsection, substitute:
(3) A withdrawal may be made either orally or by document lodged at an
office of the Department in Australia in accordance with
section 5T.
19 Section 37JA
Repeal the section.
20 At the end of subsection
38F(1)
Add:
; and (d) lodged at an office of the Department in Australia in accordance
with section 5T.
21 After subsection 38F(1)
Insert:
(1A) A claim lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
Note: The heading to section 38F is replaced by the
heading “Making a claim”.
22 Section 38G
Repeal the section.
23 Subsection 38J(3)
Repeal the subsection, substitute:
(3) A withdrawal may be made either orally or by document lodged at an
office of the Department in Australia in accordance with
section 5T.
24 Section 38JA
Repeal the section.
25 At the end of subsection
45K(1)
Add:
; and (d) lodged at an office of the Department in Australia in accordance
with section 5T.
26 After subsection 45K(1)
Insert:
(1A) A claim lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
Note: The heading to section 45K is replaced by the
heading “Making a claim”.
27 Section 45L
Repeal the section.
28 Subsection 45NA(3)
Repeal the subsection, substitute:
(3) A withdrawal may be made either orally or by document lodged at an
office of the Department in Australia in accordance with
section 5T.
29 Section 45NB
Repeal the section.
30 Section 45TE
Repeal the section, substitute:
(1) An application:
(a) must be in writing; and
(b) must be in accordance with a form approved by the Commission;
and
(c) must be lodged at an office of the Department in Australia in
accordance with section 5T.
(2) An application lodged in accordance with section 5T is taken to
have been made on a day determined under that section.
31 Saving provision
An application:
(a) that complies with the requirements of section 45TE of the
Veterans’ Entitlements Act 1986 as in force immediately before the
commencement of item 30; and
(b) that has been lodged at an office of the Department in Australia in
accordance with the requirements of section 45TG of that Act as so in
force; and
(c) that has not been dealt with before that day;
is to be taken, for all purposes of the Veterans’ Entitlements Act
1986 as amended and in force on and after that day, as if it were an
application lodged in accordance with the requirements of section 45TE of
that Act as so amended.
32 Section 45TG
Repeal the section.
33 Subparagraph 45UK(1)(c)(i)
Repeal the subparagraph, substitute:
(i) attached to, or submitted in relation to, a proper claim made by the
person for a designated pension; or
34 Paragraph 45UK(1)(d)
Repeal the paragraph, substitute:
(d) lodged at an office of the Department in Australia in accordance with
section 5T within the applicable lodgment period (see
section 45UL).
35 After subsection 45UK(1)
Insert:
(1A) A claim for pension bonus can only be attached to a proper claim for
a designated pension in accordance with subparagraph (1)(c)(i) if neither
claim is transmitted electronically.
(1B) A claim for pension bonus lodged in accordance with section 5T
is taken to have been made on a day determined under that section.
36 Subsection 45UK(3)
Omit all the words after paragraph (d), substitute:
the Secretary must give the claimant a written notice inviting the claimant
to lodge a claim for pension bonus at an office of the Department in Australia
in accordance with section 5T, within such period after the lodgment of the
claim for the designated pension as is specified in the invitation.
37 After subsection 45UK(3)
Insert:
(3A) A claim for pension bonus lodged in accordance with section 5T
is taken to have been made on a day determined under that section.
38 Subsection 45UM(3)
Repeal the subsection, substitute:
(3) A withdrawal may be made orally or by document lodged at an office of
the Department in Australia in accordance with section 5T.
(3A) A withdrawal made by lodging a document in accordance with
section 5T is taken to have been so made on a day determined in accordance
with that section.
39 Section 49G
Repeal the section, substitute:
(1) A request under section 49F:
(a) must be made in writing; and
(b) must be in accordance with a form approved by the Commission;
and
(c) must be lodged at an office of the Department in Australia in
accordance with section 5T.
(2) A request made by lodging a document in accordance with
section 5T is taken to have been made on a day determined under that
section.
40 Saving provision
A request:
(a) that complies with the requirements of section 49G of the
Veterans’ Entitlements Act 1986 as in force immediately before the
commencement of item 39; and
(b) that has been lodged at an office of the Department in Australia in
accordance with the requirements of section 5T of that Act as so in force;
and
(c) that has not been dealt with before that day;
is to be taken, for all purposes of the Veterans’ Entitlements Act
1986 as amended and in force on and after that day, as if it were a request
lodged in accordance with the requirements of section 49G of that Act as so
amended.
41 Paragraph 52Y(1)(d)
Repeal the paragraph, substitute:
(d) the person lodges, at an office of the Department in Australia in
accordance with section 5T, a written request that this section apply to
the person; and
42 Paragraph 52ZD(3)(c)
Repeal the paragraph, substitute:
(c) lodged at an office of the Department in Australia in accordance with
section 5T.
43 Paragraph 52ZE(3)(b)
Repeal the paragraph, substitute:
(b) be lodged at an office of the Department in Australia in accordance
with section 5T.
44 Paragraph 52ZK(3)(b)
Repeal the paragraph, substitute:
(b) be lodged at an office of the Department in Australia in accordance
with section 5T.
45 At the end of
section 52ZK
Add:
(4) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
46 Paragraph 54(4)(c)
After “and”, insert “, subject to
subsection (4A),”.
47 After subsection 54(4)
Insert:
(4A) A document lodged as a consequence of a notice issued under
subsection (1) that requires a person to inform the Department of the
occurrence, or likely occurrence, of a specified event or change of
circumstances:
(a) is to be lodged at an office of the Department in Australia in
accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that
section.
48 Subsection 54A(1)
After “a statement”, insert “in writing”.
49 Paragraph 54A(3)(c)
After “and”, insert “, subject to
subsection (3A),”.
50 After subsection 54A(3)
Insert:
(3A) A document lodged as a consequence of a notice issued under
subsection (1) that requires a person to inform the Department about a
matter of a kind specified in that subsection:
(a) is to be lodged at an office of the Department in Australia in
accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that
section.
51 Subsection 54A(5)
Omit “in writing and”.
52 Subsection 54AA(4)
Omit “subsection (5)”, substitute
“subsections (4A) and (5)”.
53 After subsection 54AA(4)
Insert:
(4A) A document lodged as a consequence of a notice under
subsection (1) or (3) that requires a person to provide the Department with
information of a kind to which paragraph (a) of that subsection
applies:
(a) is to be lodged at an office of the Department in Australia in
accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that
section.
54 At the end of subsection
57A(1)
Add:
; and (d) be lodged at an office of the Department in Australia in
accordance with section 5T.
55 After subsection 57A(1)
Insert:
(1A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
56 At the end of subsection
57G(2)
Add “in accordance with section 5T”.
57 Paragraph 58D(1)(a)
Omit “requests the Commission, in writing,”, substitute
“, by document lodged at an office of the Department in Australia in
accordance with section 5T, requests the Commission”.
58 After subsection 58D(1)
Insert:
(1A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
59 Subsection 58H(1)
After “if the recipient”, insert “, by document lodged at
an office of the Department in Australia in accordance in
section 5T,”.
60 After subsection 58H(1)
Insert:
(1A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
61 Subsection 58JA(1)
Omit “by writing,”, substitute “by document lodged at an
office of the Department in Australia in accordance with
section 5T,”.
62 After subsection 58JA(1)
Insert:
(1A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
63 At the end of
section 59Z
Add:
(2) The notice to the Department referred to in subsection (1) must
be lodged at an office of the Department in Australia in accordance with
section 5T and is taken to have been given on a day determined under that
section.
64 At the end of
section 59ZF
Add:
(2) The notice referred to in subsection (1) must be lodged at an
office of the Department in Australia in accordance with section 5T and is
taken to have been given on a day determined under that section.
65 At the end of
section 79E
Add:
; and (c) be lodged at an office of the Department in Australia in
accordance with section 5T.
(2) An application lodged in accordance with section 5T is taken to
have been made on a day determined under that section.
Note: The heading to section 79E is replaced by the
heading “Making an application”.
66 Section 79F
Repeal the section.
67 Subsection 79H(3)
Omit “orally or in writing”, substitute “either orally or
by document lodged at an office of the Department in Australia in accordance
with section 5T”.
68 At the end of
section 79H
Add:
(4) A withdrawal by document lodged in accordance with section 5T is
taken to have been made on a day determined under that section.
69 At the end of subsection
79T(2)
Add:
; and (d) be lodged at an office of the Department in Australia in
accordance with section 5T.
70 After subsection 79T(2)
Insert:
(2A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
71 At the end of subsection
79Y(2)
Add “in accordance with section 5T”.
72 Subsections 85(2) and (4)
Omit “received at an office of the Department in Australia”,
substitute “lodged at an office of the Department in Australia in
accordance with section 5T”.
73 Subparagraph 85(4A)(c)(ii)
Omit “has notified the Department in writing”, substitute
“has, by written document lodged at an office of the Department in
Australia in accordance with section 5T, notified the
Department”.
74 Subparagraph 85(4B)(c)(ii)
Omit “has notified the Department in writing”, substitute
“has, by written document lodged at an office of the Department in
Australia in accordance with section 5T, notified the
Department”.
75 After subsection 85(4B)
Insert:
(4C) A notification by the veteran under subparagraph (4A)(c)(ii) or
(4B)(c)(ii) that is lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
76 At the end of
section 93R
Add:
; and (d) lodged at an office of the Department in Australia in accordance
with section 5T.
(2) A claim lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
Note: The heading to section 93R is replaced by the
heading “Making a claim”.
77 Section 93S
Repeal the section.
78 Subsections 93U(3) and (4)
Repeal the subsections, substitute:
(3) A withdrawal may be made either orally or by document lodged at an
office of the Department in Australia in accordance with
section 5T.
79 At the end of subsection
93ZA(1)
Add:
; and (d) be lodged at an office of the Department in Australia in
accordance with section 5T.
80 After subsection 93ZA(1)
Insert:
(1A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
81 Paragraph 111(2)(c)
Repeal the paragraph, substitute:
(c) is to be lodged at an office of the Department in Australia in
accordance with section 5T and is taken to have been made on a day
determined under that section.
82 After subsection 115(1)
Insert:
(1A) A request under subsection (1) must be lodged with the
Commission at an office of the Department in Australia in accordance with
section 5T and is taken to have been made on a day determined under that
section.
83 Paragraph 115E(3)(d)
Repeal the paragraph, substitute:
(d) lodged at an office of the Department in Australia in accordance with
section 5T.
84 At the end of
section 115E
Add:
(4) An application lodged in accordance with section 5T is taken to
have been made on a day determined under that section.
85 At the end of
section 116B
Add:
(2) An application under subsection (1) is to be lodged at an office
of the Department in Australia in accordance with section 5T and is taken
to have been made on a day determined under that section.
86 After subsection 116D(1)
Insert:
(1A) A request under subsection (1) is to be lodged at an office of
the Department in Australia in accordance with section 5T and is taken to
have been made on a day determined under that section.
87 After subsection 118AAB(1)
Insert:
(1A) A claim under subsection (1) is to be lodged at an office of the
Department in Australia in accordance with section 5T and is taken to have
been made on a day determined under that section.
88 Subsection 118AAB(2)
Omit “(either orally or in writing) at any time before it is
determined”, substitute “at any time before it is determined, either
orally or by document lodged at an office of the Department in Australia in
accordance with section 5T”.
89 After subsection 118AAB(2)
Insert:
(2A) A withdrawal by document lodged in accordance with section 5T is
taken to have been made on a day determined under that section.
90 Paragraph 118A(3)(b)
After “person”, insert “, either orally, or by document
lodged at an office of the Department in Australia in accordance with
section 5T,”.
91 Sections 118I and 118J
Repeal the sections, substitute:
(1) To be a proper claim, a claim must:
(a) be in writing; and
(b) be in accordance with a form approved by the Commission; and
(c) be lodged at an office of the Department in Australia in accordance
with the requirements of section 5T.
(2) A claim lodged at an office of the Department in Australia in
accordance with section 5T is taken to have been made on a day determined
under that section.
92 Saving provision
A claim:
(a) that complies with the requirements of section 118I of the
Veterans’ Entitlements Act 1986 as in force immediately before the
commencement of item 91; and
(b) that has been lodged in accordance with the requirements of
section 118J of that Act as so in force; and
(c) that has not been dealt with before that day;
is to be taken, for all purposes of the Veterans’ Entitlements Act
1986 as amended and in force on and after that day, as if it were a claim
lodged in accordance with the requirements of section 118I of that Act as
so amended.
93 At the end of
section 118ZA
Add:
; and (d) lodged at an office of the Department in Australia in accordance
with section 5T.
(2) A claim lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
Note: The heading to section 118ZA is replaced by the
heading “Making a claim”.
94 Section 118ZB
Repeal the section.
95 Subsection 118ZD(3)
Omit “orally or in writing”, substitute “either orally or
by document lodged at an office of the Department in Australia in accordance
with section 5T”.
96 Subsection 118ZD(4)
Repeal the subsection, substitute:
(4) A withdrawal made by lodging a document in accordance with
section 5T is taken to have been so made on a day determined under that
section.
97 Paragraph 118ZI(3)(c)
Repeal the paragraph, substitute:
(c) subject to subsection (3A), must specify how the person is to
give the information to the Department or specified officer; and
98 After subsection 118ZI(3)
Insert:
(3A) A document lodged as a consequence of a notice issued under
subsection (1) that requires a person to inform the Department in writing
of the occurrence, or likely occurrence, of a specified event or change of
circumstances:
(a) is to be lodged at an office of the Department in Australia in
accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that
section.
99 Subsection 118ZJ(1)
After “a statement”, insert “in writing”.
100 Paragraph 118ZJ(2)(c)
Repeal the paragraph, substitute:
(c) subject to subsection (3A), must specify how the statement is to
be given to the Department or specified officer; and
101 After subsection 118ZJ(3)
Insert:
(3A) A document lodged as a consequence of a notice issued under
subsection (1) that requires a person to give the Department a statement
about a matter of a kind specified in that subsection:
(a) is to be lodged at an office of the Department in Australia in
accordance with section 5T; and
(b) is taken to have been lodged on a day determined under that
section.
102 Subsection 118ZJ(4)
Omit “be in writing and”.
103 At the end of subsection
118ZT(1)
Add:
; and (d) be lodged at an office of the Department in Australia in
accordance with section 5T.
104 After subsection 118ZT(1)
Insert:
(1A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
105 At the end of subsection
118ZZ(2)
Add “in accordance with section 5T”.
106 Subsection 122(2)
Omit “requests the Commission in writing”, substitute “,
by document lodged at an office of the Department in Australia in accordance
with section 5T, requests the Commission”.
107 After subsection 122(2)
Insert:
(2A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
108 Paragraphs 127(1)(e) and
(f)
Repeal the paragraphs, substitute:
(e) if:
(i) an event or change of circumstances specified in the notice occurs;
or
(ii) the person becomes aware that an event or change of circumstances so
specified is likely to occur;
requiring the person to notify the Department, or an officer specified in
the notice, of the occurrence or likely occurrence of that event or change of
circumstances:
(iii) subject to subsection (2A)—in the manner specified in the
notice; and
(iv) within such period after the occurrence of that event or change of
circumstances, or after the person becomes so aware, as the case may be, as is
specified in the notice; or
(f) requiring the person to give to the Department, or to an officer
specified in the notice, a statement, in accordance with a form approved by the
Commission:
(i) subject to subsection (2A)—in the manner specified in the
notice; and
(ii) within the period specified in the notice;
relating to any matter specified in the notice that might affect the
payment to that person of the pension, allowance or other pecuniary benefit
under this Act, or the provision of treatment under Part V.
109 After subsection 127(2)
Insert:
(2A) A document lodged as a consequence of a notice under
subsection (1) that either:
(a) requires a person to inform the Department in writing of the
occurrence or likely occurrence of an event or change of circumstances specified
in the notice; or
(b) requires the person to give the Department a statement relating to a
matter referred to in paragraph (1)(f) that is specified in the
notice;
is to be lodged at an office of the Department in Australia in accordance
with section 5T and is taken to have been lodged on a day determined under
that section.
110 After subsection 128(2)
Insert:
(2AA) A document lodged as a consequence:
(a) of a notice issued under subsection (1) requiring a person to
provide the Department, in writing, with such information as the Secretary
specifies in the notice; or
(b) of a notice issued under paragraph (2)(a) requiring a person to
provide the Department with such written information concerning the
person’s financial situation as is required by that notice; or
(c) of a notice under paragraph (2)(b) requiring a person to provide
the Department, in writing, with such information concerning the whereabouts or
financial situation of a person indebted to the Commonwealth as is specified in
the notice;
is to be lodged at an office of the Department in Australia in accordance
with section 5T and is taken to have been lodged on a day determined under
that section.
111 Paragraph 132(11)(d)
Repeal the paragraph, substitute:
(d) is to be lodged in accordance with subsection (11A);
and
112 After subsection 132(11)
Insert:
(11A) An application:
(a) unless it is an application to which paragraph (b)
applies—must be lodged at an office of the Department in Australia in
accordance with section 5T; and
(b) if it is an application in respect of travel referred to in
subsection (5) or (6)—must either:
(i) be communicated to the Board in accordance with the directions of the
Principal Member given under subsection 148(5); or
(ii) be lodged at an office of the Department in Australia in accordance
with section 5T.
(11B) If an application is communicated to the Board in accordance with
the directions of the Principal Member given under subsection 148(5), it is
taken to have been made on a day determined in accordance with those
directions.
(11C) If an application is lodged with an office of the Department in
Australia in accordance with section 5T, it is taken to have been made on a
day determined under that section.
113 Paragraph 136(1)(b)
Repeal the paragraph, substitute:
(b) is to be lodged at an office of the Department in Australia in
accordance with section 5T and is taken to have been made on a day
determined under that section;
114 After subsection 148(5)
Insert:
(5A) The power of the Principal Member under subsection (5) includes
the power to give directions:
(a) as to the manner of communication of documents, including electronic
documents, that are required or permitted to be communicated to the Board;
and
(b) as to the time at which such documents are to be taken to have been so
communicated.
(5B) Without limiting the documents to which subsection (5A) applies,
those documents include:
(a) documents, comments and supplementary reports forwarded to the
Principal Member under subsection 137(4); and
(b) notices given to the Principal Member by a party to a review of a
decision for the purposes of section 148; and
(c) documents produced to the Board under section 151 for the
purposes of the hearing of a review Board; and
(d) further documents and reports of investigations or examinations
forwarded to the Board as a consequence of a request made under subsection
152(1); and
(e) withdrawals of applications for review communicated to the Board under
subsection 155(1); and
(f) statements provided to the Principal Member for the purposes of
paragraph 155AA(4)(c); and
(g) statements provided to the Principal Member for the purposes of
paragraph 155AA(4)(d); and
(h) statements provided to the Principal Member for the purposes of
paragraph 155AB(4)(a); and
(i) statements provided to the Principal Member for the purposes of
paragraph 155AB(4)(b).
115 Paragraph 170A(5)(c)
Repeal the paragraph, substitute:
(c) be lodged at an office of the Department in Australia in accordance
with section 5T.
116 At the end of
section 170A
Add:
(6) An application for payment lodged in accordance with section 5T
is taken to have been made on a day determined under that section.
117 Paragraph 170B(5)(c)
Repeal the paragraph, substitute:
(c) be lodged at an office of the Department in Australia in accordance
with section 5T.
118 After subsection 170B(5)
Insert:
(5A) An application for payment lodged in accordance with section 5T
is taken to have been made on a day determined under that section.
119 Subsection 196E(2)
Repeal the subsection, substitute:
(2) A request under subsection (1) must:
(a) be in a form approved by the Authority; and
(b) be lodged at an office of the Authority in Australia in accordance
with the directions of the Chairperson of the Authority under
subsection (2A).
(2A) The Chairperson of the Authority may give directions:
(a) as to the manner of lodging requests, including electronic requests,
with the Authority for the purposes of subsection (1); and
(b) as to the time at which such requests are to be taken to have been so
communicated.
120 Paragraph 196Y(3)(c)
Repeal the paragraph, substitute:
(c) be lodged at an office of the Department in Australia in accordance
with section 5T.
121 After subsection 196Y(3)
Insert:
(3A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
122 Paragraph 196Z(2)(c)
Repeal the paragraph, substitute:
(c) be accompanied by any submission that the person or organisation
wishes to submit in support of those grounds; and
(d) be lodged at an office of the Department in Australia in accordance
with section 5T.
123 After subsection 196Z(2)
Insert:
(2A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
124 Paragraph 196ZN(4)(c)
Repeal the paragraph, substitute:
(c) be accompanied by any document that the applicant considers relevant;
and
(d) be lodged at an office of the Department in Australia in accordance
with section 5T.
125 After subsection 196ZN(4)
Insert:
(4A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.
126 Paragraph 196ZO(5)(c)
Repeal the paragraph, substitute:
(c) be accompanied by any document that the applicant considers relevant;
and
(d) be lodged at an office of the Department in Australia in accordance
with section 5T.
127 After subsection 196ZO(5)
Insert:
(5A) A request lodged in accordance with section 5T is taken to have
been made on a day determined under that section.