Legislation, In force, Commonwealth
Commonwealth: Veterans' Entitlements Amendment (Electronic Delivery) Act 2004 (Cth)
An Act to amend the Veterans' Entitlements Act 1986 to facilitate electronic communications under that Act, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments concerning electronic lodgment Veterans' Entitlements Act 1986 Veterans' Entitlements Amendment (Electronic Delivery) Act 2004 No.
          Veterans' Entitlements Amendment (Electronic Delivery) Act 2004
No. 63, 2004
An Act to amend the Veterans' Entitlements Act 1986 to facilitate electronic communications under that Act, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments concerning electronic lodgment
Veterans' Entitlements Act 1986
Veterans' Entitlements Amendment (Electronic Delivery) Act 2004
No. 63, 2004
An Act to amend the Veterans' Entitlements Act 1986 to facilitate electronic communications under that Act, and for related purposes
[Assented to 26 May 2004]
The Parliament of Australia enacts:
1  Short title
  This Act may be cited as the Veterans' Entitlements Amendment (Electronic Delivery) Act 2004.
2  Commencement
 (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.                                                                                                                                                              26 May 2004
2.  Schedule 1                                                                    A day or days to be fixed by Proclamation.                                                                                                                                                                        26 November 2004
                                                                                  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.
3  Schedule(s)
  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.
Schedule 1—Amendments concerning electronic lodgment
Veterans' Entitlements Act 1986
1  Section 5T
Repeal the section, substitute:
5T  Lodgment of claims, applications, requests and documents
 (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:
45TE  Making an application
 (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:
49G  Making a request
 (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:
118I  Making a claim
 (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.
[Minister's second reading speech made in—
House of Representatives on 4 March 2004
Senate on 29 March 2004]
(08/04)
        
      