Australian Government
Veterans’ Entitlements Act 1986
 
Veterans’ Entitlements (Participants in British Nuclear Tests – Extension of Eligibility) Instrument 2012
 
Instrument No. R7/2012
 
 
The Repatriation Commission, pursuant to subsection 69B(6) of the Veterans’ Entitlements Act 1986 (the Act), specifies, for the purposes of subsection 69B(5) of the Act, the requirements a person must satisfy in order to have rendered British nuclear test defence service as a member of the Defence Force.
Dated this       24th       day of     January                       2012
 
Ian Campbell         Shane Carmody             Major General Mark Kelly
………………………………………………………………………………………….
IAN CAMPBELL          SHANE CARMODY        Major General Mark Kelly
         PSM                                                                                        AO DSC
PRESIDENT                 DEPUTY PRESIDENT                COMMISSIONER
 
 
 
 
 
 
 
 
 
 
 
1.      Name of Instrument
This instrument is the Veterans’ Entitlements (Participants in British Nuclear Tests – Extension of Eligibility) Instrument 2012
 
2.      Commencement
 
This instrument commences on the day after the day it is registered on the Federal Register of Legislative Instruments.
 
Note 1: Item 11 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (Participants in British Nuclear Tests) Act 2011 provides that where the Repatriation Commission grants a claim for pension on the basis of a person’s British nuclear test defence service as established by this instrument, subsection 20(3) of the Act does not apply to the grant of the claim (Subsection 20(3) prevents backdating of the grant of pension claims before the date of eligibility for the pension).
 
Note 2: Item 11 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (Participants in British Nuclear Tests) Act 2011 also provides that it does not matter whether, for the purposes of the item, a claim is made before, on or after the commencement of the item.
 
3.       Definitions
 
Several words and expressions used in this Instrument have the meaning given in the Act.  For example:
 
Commission (section 5A).
British nuclear test defence service (69B).
member of the Defence Force (subsection 5C(1) and (2)).
 
 
4.       Requirements
 
                   (1)     A person has rendered British nuclear test defence service under subsection 69B(5) of the Act as a member of the Defence Force if the person satisfies the following requirements:
 
(a)      the person was involved, in the transport, recovery, maintenance, or cleaning of an aircraft that was contaminated as a result of its use in a nuclear test conducted in a nuclear test area, being involvement that occurred at any time during:
(i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or
(ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 15 May 1956; or
(iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and
(b)        the person was, at that time a member of the Australian Defence Force.
 
(2)     To avoid doubt, the aircraft referred to in subsection(1) does          not have to have been in the nuclear test area at the time it    was contaminated.
(3)     For the purposes of subsection (1), aircraft includes any        equipment on or attached to the aircraft.