Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004
1 Subsection 7(2) (notes 1 and 2)
Repeal the notes, substitute:
Note: After the commencement date, benefits stop being provided under the SRCA for such aggravations and material contributions (see section 4AA of the SRCA).
2 After subsection 7(2)
Insert:
(2A) Subsection ( 2) is subject to section 9.
Note: Section 9 sets out when the MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases.
3 Subsection 8(2) (notes 1 and 2)
Repeal the notes, substitute:
Note: After the commencement date, benefits stop being provided under the SRCA for such aggravations and material contributions (see subsection 6A(2A) of the SRCA).
4 After subsection 8(2)
Insert:
(2A) Subsection ( 2) is subject to section 9.
Note: Section 9 sets out when the MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases.
5 Section 9
Repeal the section, substitute:
9 MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases
Defence service
(1) If:
(a) before the commencement date, a person was suffering from a war - caused or defence - caused injury or disease (within the meaning of the VEA); and
(b) on or after 1 July 2013, there is an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution either:
(i) relates to defence service rendered by the person on or after 1 July 2013; or
(ii) relates to defence service rendered by the person before, and on or after, 1 July 2013;
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(2) To avoid doubt, defence service is rendered before, and on or after, 1 July 2013 whether the service spans that day or is rendered during separate periods before and on or after that day.
(3) If:
(a) before the commencement date, a person was suffering from a war - caused or defence - caused injury or disease (within the meaning of the VEA); and
(b) before 1 July 2013, there was an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution either:
(i) related to defence service rendered by the person on or after the commencement date; or
(ii) related to defence service rendered by the person before, and on or after, the commencement date; and
(d) immediately before 1 July 2013, the person had not made a choice of the kind referred to in subsection 12(2) of this Act (as in force immediately before that day);
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(4) To avoid doubt, defence service is rendered before, and on or after, the commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date.
Treatment
(5) If:
(a) before the commencement date, a person was suffering from a war - caused or defence - caused injury or disease (within the meaning of the VEA); and
(b) on or after 1 July 2013, there is an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
(d) the treatment is provided either:
(i) on or after 1 July 2013; or
(ii) before, and on or after, 1 July 2013;
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(6) To avoid doubt, treatment is provided before, and on or after, 1 July 2013 whether the treatment spans that day or is provided during separate periods before and on or after that day.
(7) If:
(a) before the commencement date, a person was suffering from a war - caused or defence - caused injury or disease (within the meaning of the VEA); and
(b) before 1 July 2013, there was an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution occurred as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
(d) the treatment was provided either:
(i) on or after the commencement date; or
(ii) before, and on or after, the commencement date; and
(e) immediately before 1 July 2013, the person had not made a choice of the kind referred to in subsection 12(2) of this Act (as in force immediately before that day);
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(8) To avoid doubt, treatment is provided before, and on or after, the commencement date whether the treatment spans the commencement date or is provided during separate periods before and on or after that date.
6 Section 12
Repeal the section.
7 Paragraph 13(1)(b)
Repeal the paragraph, substitute:
(b) a claim is made under section 319 of the MRCA in respect of an aggravation of, or a material contribution to:
(i) a sign or symptom of a war - caused or defence - caused injury or disease of a person (within the meaning of the VEA) (the old injury or disease ); or
(ii) an injury or disease of a person (within the meaning of the SRCA) (the old injury or disease ) or a sign or symptom of such an injury or disease.
8 Application provision
The amendment made by item 7 applies in relation to claims made under section 319 of the Military Rehabilitation and Compensation Act 2004 on or after the commencement of that item.
Veterans' Entitlements Act 1986
9 Subsection 9A(2)
Repeal the subsection.
10 Subsection 15(1A)
Repeal the subsection.
11 Subsection 70A(2)
Repeal the subsection.