Protection of payments under the Territories Stolen Generations Redress Scheme
4 Protection of payments under the Territories Stolen Generations Redress Scheme
The payment of an amount to a person under the Territories Stolen Generations Redress Scheme does not affect the person’s eligibility for, or entitlement to, any pension, benefit, payment or service (however described) under a law of the Commonwealth.
Without limiting subsection (1), a payment under the Territories Stolen Generations Redress Scheme is not compensation or damages for the purposes of:
the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; or
any other law of the Commonwealth; or
a law of a State or a Territory prescribed by the regulations for the purposes of this paragraph.
However, subsections (1) and (2) do not apply for the purposes of determining the value of a person’s assets under:
the Social Security Act 1991 or the Veterans’ Entitlements Act 1986; or
any other law of the Commonwealth; or
a law of a State or a Territory prescribed by the regulations for the purposes of this paragraph.
A payment under the Territories Stolen Generations Redress Scheme is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
Subsections (1) to (4) have effect despite anything in a law of the Commonwealth, a State or a Territory (whether passed or made before or after the commencement of this section) unless, in the case of a law of the Commonwealth, the law expressly provides otherwise.
The regulations may prescribe laws of the Commonwealth to which one or more of subsections (1), (2) and (3) do not apply.
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