Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 353

Application of the Veterans' Entitlements Act 1986

  (1)   Subsections   132(5), (6), (9), (10), (11), (11A), (11B) and (11C), sections   133, 133A, 137, 137A, 138, 138A, 139, 140 and 140A, and Divisions   4, 4A, 5, 6 and 8 of Part   IX (except sections   154 and 157), of the Veterans' Entitlements Act 1986 apply for the purposes of a review by the Board under this Part.

  (2)   Those provisions (the applied provisions ) apply subject to the modifications set out in this table.

 

Modifications of the Veterans' Entitlements Act 1986

Item

Provision

Modification

1

The applied provisions

References to the Repatriation Commission have effect as references to the Military Rehabilitation and Compensation Commission

2

The applied provisions

References to the Veterans' Entitlements Act 1986 have effect as references to this Act

3

The applied provisions

References to Part   IX of the Veterans' Entitlements Act 1986 have effect as references to this Chapter

4

The applied provisions

References to a pension or allowance under the Veterans' Entitlements Act 1986 have effect as references to compensation under this Act

5

The applied provisions

References to the rate of a pension or allowance have effect as references to an amount of compensation

6

The applied provisions

References to a decision, where the decision is a decision of the Repatriation Commission, have effect as references to an original determination

7

The applied provisions

References to a veteran have effect as references to a claimant

7A

Subsection   132(5)

The reference to section   135 has effect as a reference to section   352 of this Act

7B

Subsections   132(5), (6) and (9)

Regulations made for the purposes of those subsections apply in working out amounts of travelling expenses for the purposes of attending a hearing of a review by the Board under this Part of this Act.

However, regulations may be made under this table item for the purposes of working out the amounts of travelling expenses and, if such regulations are made, those regulations apply instead.

7C

Subsection   132(9)

The reference to a claim for a pension has effect as a reference to a claim that is made under section   319 of this Act by a person who, under subsection   320(2) of this Act, is entitled to make the claim.

The subsection has effect as if paragraphs   (a), (b) and (c) of that subsection were omitted

7D

Subsections   132(11A) and (11C)

A reference to an office of the Department in Australia has effect as a reference to a place approved by the Commission under subsection   323(2) of this Act

8

Section   137

References to the Secretary have effect as references to the Commission.

The report under that section is to be prepared within 6 weeks after an application for review by the Board under this Chapter is received by the Commission

8A

Section   137A

The reference to section   135 has effect as a reference to section   352 of this Act

9

Paragraph   138(1)(b)

Instead of the reason attributable to a thing described in subparagraph   138(1)(b)(ii), the Board is to have regard to a reason attributable to the absence of, or a deficiency in, relevant official records, including one resulting from the fact that something that happened during warlike service or non - warlike service rendered by a person was not reported to the appropriate authorities

10

Paragraph   138(2)(a)

The paragraph does not apply

11

Subsection   140(6)

The reference to subsection   175(1) has effect as a reference to subsection   354(1) of this Act

12

Subsection   147(1)

The parties to a review by the Board are:

(a) the claimant; and

(b) the Commission.

The Chief of the Defence Force may also choose to be a party to the review

13

Subsection   148(2)

The reference to either party to the review has effect as a reference to each party to the review

14

Subsection   148(6A)

References to the Secretary have effect as references to the Commission

15

Section   152

References to the Secretary have effect as references to the Commission

16

Subsection   153(1)

The reference to the other party to the review has effect as a reference to each other party to the review

19

Subsection   156(1)

The subsection has effect as if ", being a date fixed in accordance with section   157" were omitted

20

Subsection   170A(2)

The subsection has effect as if "referred to in section   135" were omitted

21

Subsections   170B(1) and 171(1)

Regulations made for the purposes of those subsections apply in working out amounts of travelling allowance, and fees and expenses for witnesses, for the purposes of a review by the Board under this Part of this Act

22

Subsections   170A(5) and 170B(5)

A reference to an office of the Department in Australia has effect as a reference to a place approved by the Commission under subsection   323(2) of this Act

 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback