(1) Despite any other provision of this Part, a person is entitled to services under the program established by the Commonwealth and known as the Coordinated Veterans' Care mental health pilot only if:
(a) the person is included in a class of persons determined in an instrument under subsection (2); and
(b) the Commission has determined, in writing, that this section applies to the person.
(2) The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (1)(a).
(3) Despite subsection 14(2) of the Legislation Act 2003 , an instrument under subsection (2) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(4) A determination under paragraph (1)(b) is not a legislative instrument.