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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 323

Giving claims and documents to the Commission

  (1)   This section regulates the lodgment of claims and other documents under this Act.

  (2)   A claim or other document (other than a claim or other document that is approved by the Commission for electronic lodgment and that is transmitted electronically or a claim that is made orally):

  (a)   is taken to have been given to the Commission only if the claim or other document is:

  (i)   lodged at a place within or outside Australia 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 given on the day on which it is received at that place or delivered to that person.

  (3)   A claim or other document that is approved by the Commission for electronic lodgment and that is transmitted electronically:

  (a)   is taken to have been given to the Commission only if the claim or document is transmitted electronically in a manner, and to an electronic address, approved by the Commission for the purposes of this subsection in relation to claims or documents of that kind; and

  (b)   is taken to have been so given on the day on which it is received at that electronic address.

  (4)   Claims 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 treated as not having been given to the Commission.

  (5)   A claim covered by subsection   (2) or (3) is taken to have been made on the day on which, under subsection   (2) or (3), it is taken to have been given to the Commission.

  (5A)   A claim made orally to the Commission is taken to have been given to the Commission on the day on which the claim was made.

  (6)   If a provision of this Act requires any material to be lodged in support of a claim 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 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 or other document to which it relates--may be lodged in such other manner contemplated by this section as the Commission approves.


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