Stephen Parry (Tasmania, Liberal Party) Share this | Hansard source

Senator Macdonald, by convention this has happened over many years. It has always been ordered by the chair and the senators never object. It so ordered. In respect of the Veteran's Affairs Legislation Amendment (Participants in British Nuclear Tests) Bill 2011, the question is that the request for an amendment circulated by Senator Xenophon on sheet 7184 be agreed to.

Senator Xenophon 's circulated amendment—

(1)   Page 5 (after line 22), at the end of the bill, add:

Schedule 2—Nuclear test participants eligible for Gold Card

Veterans' Entitlements Act 1986

1 After subsection 85(10)

Insert:

(10A)   A person is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the person, whether before or after the commencement of this Act, if:

  (a)   the person is a nuclear test participant (within the meaning of the Australian Participants in British Nuclear Tests (Treatment) Act 2006); and

  (b)   either:

     (i)   the Department has notified the person in writing that he or she is or will be eligible for such treatment; or

     (ii)   the person has, by written document lodged at an office of the Department in Australia in accordance with section 5T, notified the Department that he or she seeks eligibility for such treatment.

[nuclear test participants eligible for Gold Card]

Statement pursuant to the order of the Senate of 26 June 2000

This amendment is framed as a request because it increases expenditure under a standing appropriation. The effect of amendment (1) would be to expand the class of persons – to include a person who is a nuclear test participant (within the meaning of the Australian Participants in British Nuclear Tests (Treatment) Act 2006) – who would be eligible for the Repatriation Health Card—For All Conditions (Gold Card) under the Veterans' Entitlements Act 1986.

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

The Senate has long followed the practice that it should treat as requests amendments which would result in increased expenditure under a standing appropriation. On the basis that amendment (1) would result in increased expenditure under the standing appropriation in section 199 of the Veterans' Entitlements Act 1986, it is in accordance with the precedents of the Senate that this amendment be moved as a request.