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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 402

No compensation under this Act after damages recovered

             (1)  This section applies if a person recovers damages in respect of the cause of action (whether or not compensation in respect of the cause of action has been paid under this Act to or for the benefit of the person).

             (2)  Compensation under this Act (except MRCA supplement under section 221 or 245 and compensation for dependants under section 242, 253 or 255) is not payable to the person in respect of the cause of action after the day on which the damages were recovered.

             (3)  However, subsection (2) does not apply if the damages were recovered as a result of:

                     (a)  a claim, or a fresh claim, made by the Commission under Division 2; or

                     (b)  the Commission's taking over, under Division 2, the conduct of a claim.



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