{"id":"C2006A00135","name":"Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006","slug":"australian-participants-in-british-nuclear-tests-and-british-commonwealth-occupation-force-treatment","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"135 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":53245,"registerId":"commonwealth-C2006A00135-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Extension to external Territories","content":"#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of nuclear test participant etc.","content":"#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Procedures for making claims etc.","content":"#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Treatment","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Eligibility to be provided with treatment","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Eligibility","content":"#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Claims for eligibility","content":"#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Withdrawal of claims","content":"#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Determination of claims","content":"#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Revocation of determination of eligibility","content":"#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Provision of treatment","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Provision of treatment","content":"#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Approval of treatment already provided","content":"#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission","content":"#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Limits on provision of treatment","content":"#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Treatment at hospitals and other institutions","content":"#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Application and modification of the Treatment Principles","content":"#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Application and modification of the Repatriation Private Patient Principles","content":"#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Application and modification of Repatriation Pharmaceutical Benefits Scheme","content":"#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Travelling expenses","content":"## Part 3—Travelling expenses","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Entitlement to travelling expenses","content":"#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Advances of travelling expenses","content":"#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Claims for travelling expenses","content":"#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Withdrawal of claims","content":"#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Determination of claims","content":"#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.","sortOrder":28},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Pharmaceutical supplement","content":"## Part 3A—Pharmaceutical supplement","sortOrder":29},{"sectionNumber":"23A","sectionType":"section","heading":"Simplified outline","content":"#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.","sortOrder":30},{"sectionNumber":"23B","sectionType":"section","heading":"Eligibility for pharmaceutical supplement","content":"#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.","sortOrder":31},{"sectionNumber":"23C","sectionType":"section","heading":"Pharmaceutical supplement not payable in some circumstances","content":"#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.","sortOrder":32},{"sectionNumber":"23D","sectionType":"section","heading":"Rate of pharmaceutical supplement","content":"#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.","sortOrder":33},{"sectionNumber":"23E","sectionType":"section","heading":"Payment of pharmaceutical supplement","content":"#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.","sortOrder":34},{"sectionNumber":"Part 4","sectionType":"part","heading":"Review of decisions","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Request for review","content":"#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.","sortOrder":37},{"sectionNumber":"25","sectionType":"section","heading":"Review by Commission","content":"#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.","sortOrder":38},{"sectionNumber":"26","sectionType":"section","heading":"Commission must make written record of review decision and reasons","content":"#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.","sortOrder":39},{"sectionNumber":"27","sectionType":"section","heading":"Person who requested review to be notified of decision","content":"#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":"Withdrawal of request for review","content":"#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":"Review by Administrative Review Tribunal","content":"#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"Administration and enforcement","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Additional functions of Commission","content":"#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.","sortOrder":46},{"sectionNumber":"31","sectionType":"section","heading":"Commission not bound by technicalities","content":"#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.","sortOrder":47},{"sectionNumber":"32","sectionType":"section","heading":"Delegation","content":"#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).","sortOrder":48},{"sectionNumber":"33","sectionType":"section","heading":"Commission may obtain information etc.","content":"#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.","sortOrder":50},{"sectionNumber":"34","sectionType":"section","heading":"Failure to comply with a notice","content":"#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).","sortOrder":51},{"sectionNumber":"35","sectionType":"section","heading":"Self‑incrimination","content":"#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.","sortOrder":52},{"sectionNumber":"36","sectionType":"section","heading":"Giving information","content":"#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.","sortOrder":53},{"sectionNumber":"Division 3","sectionType":"division","heading":"Offences","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":54},{"sectionNumber":"37","sectionType":"section","heading":"False or misleading statements or documents relating to treatment","content":"#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.","sortOrder":55},{"sectionNumber":"38","sectionType":"section","heading":"Medical service providers causing detriment to others","content":"#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.","sortOrder":56},{"sectionNumber":"39","sectionType":"section","heading":"Medical service providers threatening detriment","content":"#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.","sortOrder":57},{"sectionNumber":"40","sectionType":"section","heading":"Bribery by medical service providers","content":"#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.","sortOrder":58},{"sectionNumber":"41","sectionType":"section","heading":"Practitioners receiving bribes etc.","content":"#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.","sortOrder":59},{"sectionNumber":"42","sectionType":"section","heading":"Pathology practitioners making payments to requesting practitioners","content":"#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":60},{"sectionNumber":"43","sectionType":"section","heading":"Pathology practitioners providing pathology services to persons with whom they have arrangements","content":"#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.","sortOrder":61},{"sectionNumber":"44","sectionType":"section","heading":"Providing staff to be used in pathology services","content":"#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.","sortOrder":62},{"sectionNumber":"45","sectionType":"section","heading":"Counselling statements inadmissible as evidence","content":"#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).","sortOrder":63},{"sectionNumber":"Division 4","sectionType":"division","heading":"Recovery of amounts paid because of false or misleading statements","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":64},{"sectionNumber":"46","sectionType":"section","heading":"Recovery of amounts paid because of false or misleading statements","content":"#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.","sortOrder":65},{"sectionNumber":"47","sectionType":"section","heading":"Interest payable on amounts paid because of false or misleading statements","content":"#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).","sortOrder":66},{"sectionNumber":"48","sectionType":"section","heading":"Reduction in payments because of previous overpayments","content":"#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.","sortOrder":67},{"sectionNumber":"Division 5","sectionType":"division","heading":"Recovery of cost of treatment","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":68},{"sectionNumber":"48A","sectionType":"section","heading":"Recovery of cost of treatment","content":"#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.","sortOrder":69},{"sectionNumber":"Division 6","sectionType":"division","heading":"Recovery of overpayments of pharmaceutical supplement","content":"An Act to provide for treatment for Australian participants in British nuclear tests and in the British Commonwealth Occupation Force, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.\n\n#### 2 Commencement\n\n  This Act commences on the day after it receives the Royal Assent.\n\n#### 3 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n#### 4 Definitions\n\n  (1) In this Act:\n\n> Australian resident has the same meaning as in section 5G of the Veterans’ Entitlements Act 1986.\n\n> British Commonwealth Occupation Force participant means a person who was a member of the Australian Defence Force who served in the British Commonwealth Occupation Force in Japan at any time during the period from the beginning of 31 January 1946 to the end of 28 April 1952.\n\n> Commission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n> dishonestly has the meaning given by subsection (2).\n\n> eligible person means a person who, under section 7, is eligible to be provided with treatment under this Act.\n\n> hospital or other institution includes the following:\n\n    (a) an approved residential care home (within the meaning of the Aged Care Act 2024);\n    (b) a medical centre;\n    (c) an out‑patient clinic;\n    (d) a rehabilitation establishment.\n\n> medical service provider means a person:\n\n    (a) who is a pathology practitioner; or\n    (b) who is a proprietor of premises at which pathology services are rendered; or\n    (c) who is a proprietor of a hospital or other institution that is not operated by the Commonwealth, a State or a Territory; or\n    (d) who is acting on behalf of a proprietor of such a hospital or other institution.\n\n> nuclear test area has the meaning given by subsection 5(4).\n\n> nuclear test participant means a person who is a nuclear test participant under one or more of subsections 5(1), (2), (3), (3A) and (3C).\n\n> pathology practitioner means a person in respect of whom there is in force an undertaking given by the person, and accepted by the Minister administering the Health Insurance Act 1973, under section 23DC of that Act.\n\n> pathology service has the meaning given by subsection 3(1) of the Health Insurance Act 1973.\n\n> pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.\n\n> proprietor means:\n\n    (a) in relation to premises—the person, authority or body of persons having effective control of the premises (whether or not that person, authority or body is the holder of an estate or interest in the premises); and\n    (b) in relation to a hospital or other institution—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital or other institution.\n\n> Repatriation Pharmaceutical Benefits Scheme means the Repatriation Pharmaceutical Benefits Scheme in force under section 91 of the Veterans’ Entitlements Act 1986.\n\n> Repatriation Private Patient Principles means the Repatriation Private Patient Principles in force under section 90A of the Veterans’ Entitlements Act 1986.\n\n> staff member assisting the Commission means a person engaged under the Public Service Act 1999 and made available for the purposes of this Act by the Secretary of the Department.\n\n> treatment means treatment (within the meaning of subsection 80(1) of the Veterans’ Entitlements Act 1986).\n\n> Note: That subsection covers treatment of malignant neoplasia and the provision of diagnostic services.\n\n> Treatment Principles means the Treatment Principles in force under section 90 of the Veterans’ Entitlements Act 1986.\n\n  (2) For the purposes of this Act, a person engages in conduct dishonestly if:\n    (a) the person engages in conduct; and\n    (b) the conduct is dishonest according to the standards of ordinary people; and\n    (c) the defendant knows the conduct is dishonest according to the standards of ordinary people.\n\n#### 5 Meaning of nuclear test participant etc.\n\n  (1) A person is a nuclear test participant if the person:\n    (a) was present in a nuclear test area at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 June 1958; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 October 1955; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 April 1965; and\n    (c) was, at that time, an Australian resident.\n  (2) A person is a nuclear test participant if the person:\n    (a) was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:\n    (i) if the area was the Monte Bello Islands area—the period from the beginning of 3 October 1952 to the end of 19 July 1956; or\n    (ii) if the area was the Emu Field area—the period from the beginning of 15 October 1953 to the end of 25 November 1953; or\n    (iii) if the area was the Maralinga area—the period from the beginning of 27 September 1956 to the end of 30 May 1963; and\n    (b) was, at that time:\n    (i) a member of the Australian Defence Force; or\n    (ii) an employee of the Commonwealth; or\n    (iii) a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and\n    (c) was, at that time, an Australian resident.\n  (3) A person is a nuclear test participant if:\n    (a) at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and\n    (b) at the time the person flew in the aircraft, the aircraft:\n    (i) was used in measuring fallout from nuclear tests conducted in a nuclear test area; and\n    (ii) was contaminated by the fallout; and\n    (c) at that time, the person was:\n    (i) a member of the Australian Defence Force; and\n    (ii) an Australian resident.\n  (3A) A person is a nuclear test participant if the person:\n    (a) was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and\n    (b) was at that time:\n    (i) a Commonwealth Police Officer under the Commonwealth Police Act 1957; or\n    (ii) a member of the Australian Federal Police under the Australian Federal Police Act 1979; or\n    (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or\n    (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and\n    (c) was, at that time, an Australian resident.\n  (3B) Paragraph 5(1)(a) of the Australian Federal Police Act 1979 does not apply to subparagraph (3A)(b)(i) of this section.\n\n> Note: Paragraph 5(1)(a) of the Australian Federal Police Act 1979 provides that a reference in a law of the Commonwealth to a Commonwealth Police Officer is to be read as a reference to a member of the Australian Federal Police.\n\n  (3C) A person is a nuclear test participant if the person satisfies the requirements specified in an instrument under subsection (3D).\n  (3D) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (3C).\n  (4) A nuclear test area is any of the areas described in the following table:\n\n| Item | Name of nuclear test area | Description of nuclear test area                                                                |\n| ---- | ------------------------- | ----------------------------------------------------------------------------------------------- |\n| 1    | Monte Bello Islands area  | The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago |\n| 2    | Emu Field area            | The area within 25 kilometres of the Totem test sites at Emu Field                              |\n| 3    | Maralinga area            | The area within 40 kilometres of any of the Buffalo or Antler test sites                        |\n\n#### 6 Procedures for making claims etc.\n\n  (1) For the purposes of this Act, a claim or application is taken to have been made, or a document is taken to have been given, in accordance with this section if it is made, or given, in accordance with procedures determined by the Secretary under subsection (2).\n  (2) The Secretary may, by legislative instrument, determine the procedures for making claims and applications, and lodging documents.\n\n## Part 2—Treatment\n\n### Division 1—Eligibility to be provided with treatment\n\n#### 7 Eligibility\n\n  (1) A person is eligible to be provided with treatment under this Act if the person:\n    (a) is:\n    (i) a nuclear test participant; or\n    (ii) a British Commonwealth Occupation Force participant; or\n    (iii) a person who served as a member of the Australian Defence Force in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946; and\n    (b) is an Australian resident.\n\n> Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.\n\n  (2) However, a person is not eligible to be provided with treatment under this Act if the person is:\n    (a) eligible for treatment under section 53D, subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act); or\n    (b) entitled to be provided with treatment under section 281, 282 or 284 of the Military Rehabilitation and Compensation Act 2004 for any injury or disease (within the meaning of that Act).\n\n#### 8 Claims for eligibility\n\n  A person who wants to establish that he or she is an eligible person must make a claim in accordance with section 6 for a determination that he or she is an eligible person.\n\n#### 9 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 10 Determination of claims\n\n  (1) The Commission is to determine claims under section 8.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n#### 11 Revocation of determination of eligibility\n\n  (1) If:\n    (a) the Commission has determined that a person is an eligible person; and\n    (b) the Commission subsequently becomes satisfied that the information before the Commission when it made the determination was false in a material particular;\n  the Commission may revoke the determination.\n\n> Note: Revocations are reviewable under Part 4.\n\n  (2) The Commission must give to the person written notice of the revocation.\n\n### Division 2—Provision of treatment\n\n#### 12 Provision of treatment\n\n  (1) The Commission may arrange for the provision of treatment for eligible persons.\n  (2) Subject to section 13, the Commission is not taken to have arranged for the provision of treatment for a person unless:\n    (a) the treatment was provided in accordance with arrangements made by the Commission under this Act; or\n    (b) the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Act; or\n    (c) the Commission approved the provision of the treatment before the treatment was provided, or began to be provided, as the case may be.\n\n#### 13 Approval of treatment already provided\n\n  (1) The Commission may approve the provision of treatment for a person that was provided, or that began to be provided, without the prior approval of the Commission if:\n    (a) the person is an eligible person; and\n    (b) the Commission is satisfied that it would be proper for the Commission to approve provision of the treatment after it had been provided or had begun to be provided.\n  (2) However, the Commission must not approve the provision of treatment that was provided more than 3 months before the person made a claim under section 8 that he or she is an eligible person.\n  (3) The Commission is taken to have arranged for the provision of treatment approved under this section.\n  (4) If the person for whom the treatment was provided has paid for the provision of treatment approved under this section, the Commonwealth may reimburse the person for the amount paid.\n\n#### 13A Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission\n\n  If:\n    (a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and\n    (b) the treatment is of a kind specified under paragraph 16(4A)(a);\n  then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n\n#### 14 Limits on provision of treatment\n\n  (1) Nothing in this Act is taken to:\n    (a) impose a duty on the Commission to arrange for the provision of; or\n    (b) confer a right on a person to be provided, under arrangements made by the Commission, with;\n  treatment outside Australia.\n  (2) Subject to subsection 12(1), nothing in this Act is taken to confer on a person a right to be provided with treatment:\n    (a) by the Commonwealth; or\n    (b) by the Commission otherwise than to the extent that, and in a manner that, the treatment may be provided under arrangements made by, or with the approval of, the Commission.\n\n#### 15 Treatment at hospitals and other institutions\n\n  For the purposes of this Part, the Commission may:\n    (a) enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision of care and welfare, at a public hospital or other institution operated by the Commonwealth, State or Territory, for eligible persons; and\n    (b) enter into arrangements with any other body operating a hospital or other institution for the provision of care and welfare at that hospital or institution for eligible persons.\n\n#### 16 Application and modification of the Treatment Principles\n\n  (1) The Treatment Principles, or, if the Treatment Principles have been modified under this section, the Treatment Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Treatment Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Act for eligible persons.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment to be provided to eligible persons:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (4A) Without limiting subsection (2), the modifications may also include provisions:\n    (a) specifying kinds of treatment for the purposes of paragraph 13A(b); and\n    (b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).\n  (5) Without limiting subsection (2), the modifications may specify kinds or classes of treatment that:\n    (a) will not be provided for eligible persons; or\n    (b) will not be so provided at places, or in circumstances, specified or described in the modifications.\n  (6) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (7) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (8) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n#### 17 Application and modification of the Repatriation Private Patient Principles\n\n  (1) The Repatriation Private Patient Principles, or, if the Repatriation Private Patient Principles have been modified under this section, the Repatriation Private Patient Principles as so modified, are binding on the Commission in the Commission’s exercise of its powers and discretions under this Act.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Private Patient Principles in their application for the purposes of this Act.\n  (3) The modifications are to set out circumstances in which treatment provided under this Act for eligible persons is to be provided for those persons as private patients.\n  (4) Without limiting subsection (2), the modifications may also include provisions dealing with the following matters in relation to treatment provided under this Act for such persons as private patients:\n    (a) whether approval by the Commission of the treatment is required;\n    (b) if approval by the Commission of the treatment is required—the exercise of the Commission’s power to approve the treatment, whether before or after the treatment is given or begins to be given;\n    (c) where the treatment may be provided.\n  (5) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (6) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (7) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n  (8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:\n    (a) the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or\n    (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.\n\n#### 18 Application and modification of Repatriation Pharmaceutical Benefits Scheme\n\n  (1) The Repatriation Pharmaceutical Benefits Scheme, or, if that scheme has been modified under this section, that scheme as so modified, applies to the provision of pharmaceutical benefits in connection with treatment of eligible persons.\n  (2) The Commission may, in writing, prepare modifications of the Repatriation Pharmaceutical Benefits Scheme in its application for the purposes of this Act.\n  (3) Without limiting subsection (2), the modifications may specify classes of eligible persons for whom:\n    (a) pharmaceutical benefits; or\n    (b) pharmaceutical benefits of a kind specified in the instrument; or\n    (c) pharmaceutical benefits included in a class of pharmaceutical benefits specified in the instrument;\n  will not be provided, or will not be provided in circumstances specified or described in the instrument.\n  (4) The Commission may, in writing, prepare variations or revocations of the modifications at any time.\n  (5) A modification, or a variation or revocation of a modification, has no effect unless the Minister has, in writing, approved the instrument making the modification, variation or revocation.\n  (6) A modification, or a variation or revocation of a modification, prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the modification, variation or revocation is approved.\n\n## Part 3—Travelling expenses\n\n#### 19 Entitlement to travelling expenses\n\n  (1) If:\n    (a) an eligible person travels for the purpose of obtaining treatment; and\n    (b) the Commission approves the travel; and\n    (c) such conditions as are prescribed are satisfied;\n  the person is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2) If:\n    (a) a person travels for the purpose of accompanying a person referred to in subsection (1) as his or her attendant; and\n    (b) the Commission authorises the travel for that purpose; and\n    (c) such conditions as are prescribed are satisfied;\n  the attendant is entitled to be paid such travelling expenses, in connection with the travel, as are prescribed.\n  (2A) An approval under paragraph (1)(b) or an authorisation under paragraph (2)(b) may be given before or after the travel is completed.\n  (3) Travelling expenses are not payable under this section in respect of travel outside Australia.\n\n#### 20 Advances of travelling expenses\n\n  (1) If the Commission is satisfied:\n    (a) that a person may reasonably be expected to become entitled to be paid travelling expenses under section 19; and\n    (b) that it is in all the circumstances appropriate for the person to be paid an advance on account of the travelling expenses that the person is expected to become entitled to be paid;\n  the Commission may authorise payment to the person of an advance on account of the travelling expenses that the person is expected to become entitled to be paid.\n  (2) If the amount of the advance paid to a person on account of any travelling expenses in respect of any travel of the person exceeds the amount of travelling expenses that become payable to the person in respect of that travel, the person is liable to repay an amount equal to the excess to the Commonwealth.\n  (3) The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2).\n\n#### 21 Claims for travelling expenses\n\n  (1) A person who wants to establish that he or she is entitled to be paid travelling expenses under this Part must make a claim in accordance with section 6 for a determination that he or she is entitled to be paid travelling expenses under this Part.\n  (2) A claim for travelling expenses must be made:\n    (a) within 12 months after the completion of the travel to which it relates; or\n    (b) if the Commission thinks that there are exceptional circumstances that justify extending that period—such further period as the Commission allows.\n\n#### 22 Withdrawal of claims\n\n  (1) A claimant may, at any time before the Commission determines the claim, withdraw the claim by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a claim does not prevent the claimant from subsequently making another claim under this Act.\n\n#### 23 Determination of claims\n\n  (1) The Commission is to determine claims under section 21.\n\n> Note: Rejections of claims are reviewable under Part 4.\n\n  (2) The Commission must give to the claimant written notice of its determination.\n\n## Part 3A—Pharmaceutical supplement\n\n#### 23A Simplified outline\n\nA person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.\n\n#### 23B Eligibility for pharmaceutical supplement\n\n  A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.\n\n> Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.\n\n#### 23C Pharmaceutical supplement not payable in some circumstances\n\n  People leaving Australia otherwise than temporarily\n  (1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.\n  Temporary absence from Australia\n  (2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.\n  When a person becomes eligible for pharmaceutical supplement after leaving Australia\n  (3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:\n    (a) the day on which the person returns to Australia;\n    (b) the day on which the person notifies the Commission of his or her return to Australia.\n  When pharmaceutical supplement is not payable\n  (4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:\n    (a) he or she is receiving veterans supplement under section 118A of the Veterans’ Entitlements Act 1986; or\n    (b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or\n    (c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or\n    (d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or\n    (e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or\n    (f) he or she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or\n    (g) he or she is receiving a service pension (within the meaning of the Veterans’ Entitlements Act 1986); or\n    (h) he or she is receiving a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.\n\n#### 23D Rate of pharmaceutical supplement\n\n  The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans’ Entitlements Act 1986.\n\n#### 23E Payment of pharmaceutical supplement\n\n  A person’s pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act 1986) on which:\n    (a) the person is eligible for the pharmaceutical supplement; and\n    (b) the pharmaceutical supplement is payable to the person.\n\n## Part 4—Review of decisions\n\n### Division 1—Review by Commission\n\n#### 24 Request for review\n\n  (1) A claimant who is dissatisfied with:\n    (a) a decision of the Commission in relation to a claim under section 8 for a determination that he or she is an eligible person; or\n    (b) a decision of the Commission under section 11 revoking a determination that he or she is an eligible person; or\n    (c) a decision of the Commission in relation to a claim under section 21 for a determination that he or she is entitled to be paid travelling expenses under Part 3;\n  may request the Commission to review the decision.\n  (2) The request:\n    (a) must be made within 3 months after the claimant was notified of the decision; and\n    (b) must be made in accordance with section 6.\n\n#### 25 Review by Commission\n\n  (1) If a request for review of a decision is made in accordance with section 24, the Commission must:\n    (a) review the decision; and\n    (b) affirm the decision or set it aside.\n  (2) If the Commission sets the decision aside it must substitute a new decision in accordance with this Act.\n  (3) If the Commission has delegated its powers under this section to the person who made the decision under review, that person must not review the decision.\n\n#### 26 Commission must make written record of review decision and reasons\n\n  (1) When the Commission reviews a decision under this Division, it must make a written record of its decision upon review.\n  (2) The written record must include a statement that:\n    (a) sets out the Commission’s findings on material questions of fact; and\n    (b) refers to the evidence or other material on which those findings are based; and\n    (c) provides reasons for the Commission’s decision.\n\n#### 27 Person who requested review to be notified of decision\n\n  When the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision:\n    (a) a copy of the Commission’s decision; and\n    (b) a copy of the statement about the decision referred to in subsection 26(2).\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.\n\n#### 28 Withdrawal of request for review\n\n  (1) A person who requests a review under section 24 may, at any time before the Commission determines the request, withdraw the request by giving written notice to the Commission in accordance with section 6.\n  (2) The withdrawal of a request for review does not prevent a person from subsequently making another request for review under this Act.\n\n> Note: Paragraph 24(2)(a) provides that a person who wants to request a review of a decision must do so within 3 months after the person has received notice of the decision.\n\n### Division 2—Review by Administrative Review Tribunal\n\n#### 29 Review by Administrative Review Tribunal\n\n  If the Commission, under section 25, affirms a decision or sets it aside and substitutes another decision for it, an application may be made to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.\n\n## Part 5—Administration and enforcement\n\n### Division 1—General\n\n#### 30 Additional functions of Commission\n\n  (1) The functions of the Commission include:\n    (a) to arrange for the provision of treatment for eligible persons under this Act; and\n    (b) to administer payment of travelling expenses under Part 3.\n\n> Note: For the functions of the Commission, see also section 180 of the Veterans’ Entitlements Act 1986.\n\n  (2) The Commission has the general administration of this Act, subject to the control of the Minister.\n\n#### 31 Commission not bound by technicalities\n\n  In making a decision under this Act, the Commission:\n    (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and\n    (b) may act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and\n    (c) without limiting paragraph (a) or (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:\n    (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and\n    (ii) the absence of, or a deficiency in, relevant official records.\n\n#### 32 Delegation\n\n  (1) The Commission may, by resolution, delegate any of its functions or powers under a provision of this Act, or under the regulations or any other legislative instrument made under this Act, to:\n    (a) a member of the Commission; or\n    (b) a staff member assisting the Commission; or\n    (c) a consultant to, or an employee of a consultant to, the Commission; or\n    (d) a person who is engaged under the Public Service Act 1999 and performing duties in the Department.\n  (2) However, subsection (1) does not apply to the Commission’s power under subsection 5(3D).\n\n### Division 2—Obtaining and giving information etc.\n\n#### 33 Commission may obtain information etc.\n\n  (1) The Commission may give a written notice to any person requiring the person, for the purposes of this Act:\n    (a) to provide to the Commission (or a specified staff member assisting the Commission) such information as the Commission requires; or\n    (b) to produce to the Commission (or a specified staff member assisting the Commission) any documents in the custody or under the control of the person; or\n    (c) to appear before a specified staff member assisting the Commission to answer questions.\n  (2) To avoid doubt, the person given the notice may be a person employed:\n    (a) in, or in connection with, a Department of the Commonwealth, a State or Territory; or\n    (b) by any authority of the Commonwealth, a State or Territory.\n  (3) The notice must specify:\n    (a) if paragraph (1)(a) or (b) applies:\n    (i) the period within which the person must comply with the notice; and\n    (ii) the manner in which the person must comply with the notice; or\n    (b) if paragraph (1)(c) applies:\n    (i) the time at which the person must appear before the staff member; and\n    (ii) the place at which the person must appear before the staff member.\n  (4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.\n  (5) The Commission may require the information or answers provided under paragraph (1)(c) to be verified by, or given on, oath or affirmation and either orally or in writing.\n  (6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.\n  (7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).\n\n> Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 36).\n\n  (8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n#### 34 Failure to comply with a notice\n\n  (1) A person commits an offence if the person fails to comply with a notice under section 33.\n\nPenalty: 10 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply to the extent that the person is not capable of complying with the notice.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n#### 35 Self‑incrimination\n\n  (1) An individual is not excused from giving information or evidence, or producing a document or a copy of a document, under section 33 on the ground that the information or evidence, or the production of the document or copy, might tend to incriminate the individual or expose the individual to a penalty.\n  (2) However:\n    (a) giving the information or evidence, or producing the document or copy; or\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence, or producing the document or copy;\n  is not admissible in evidence against the individual in any proceedings, other than proceedings for an offence under section 137.1 or 137.2 of the Criminal Code that relates to this Act.\n\n#### 36 Giving information\n\n  (1) Nothing in a law of a State or a Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.\n  (2) The Secretary or an employee in the Department may provide any information obtained in the performance of his or her duties under this Act to the Secretary of another Department of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority.\n\n### Division 3—Offences\n\n#### 37 False or misleading statements or documents relating to treatment\n\n  (1) A person commits an offence if:\n    (a) any of the following applies:\n    (i) the person makes a statement (whether oral or written);\n    (ii) the person issues or presents a document;\n    (iii) the person authorises a statement to be made or a document to be issued or presented; and\n    (b) the statement or document is false or misleading in a material particular; and\n    (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.\n\nPenalty: 20 penalty units.\n\n  (2) Subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) Subsection (1) does not apply if:\n    (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or\n    (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n  (4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3).\n  (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.\n\n#### 38 Medical service providers causing detriment to others\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person engages in conduct or omits to engage in conduct; and\n    (c) the conduct or omission causes detriment to another person; and\n    (d) the person engages in the conduct or omits to engage in the conduct intending:\n    (i) the conduct or omission to cause detriment to the other person; and\n    (ii) to encourage the other person to request a pathology service in respect of treatment provided under this Act; and\n    (e) the other person does not consent to the conduct or omission.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 39 Medical service providers threatening detriment\n\n  (1) A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and\n    (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and\n    (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) For the purposes of subsection (1), a threat may be:\n    (a) express or implied; or\n    (b) conditional or unconditional.\n  (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.\n\n#### 40 Bribery by medical service providers\n\n  A person commits an offence if:\n    (a) the person is a medical service provider; and\n    (b) the person dishonestly:\n    (i) provides a benefit to another person; or\n    (ii) causes a benefit to be provided to another person; or\n    (iii) offers or promises to provide a benefit to another person; or\n    (iv) causes an offer or a promise to provide a benefit to be made to another person; and\n    (c) the person does so intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 41 Practitioners receiving bribes etc.\n\n  A person commits an offence if:\n    (a) the person is a practitioner; and\n    (b) the person dishonestly:\n    (i) asks for a benefit for himself or herself, or for another person; or\n    (ii) receives or obtains a benefit for himself or herself, or for another person; or\n    (iii) agrees to receive or obtain a benefit for himself or herself, or for another person; and\n    (c) the person does so intending:\n    (i) that treatment provided by him or her under this Act will be influenced; or\n    (ii) to induce, foster or sustain a belief that such treatment will be influenced.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 42 Pathology practitioners making payments to requesting practitioners\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) another practitioner (the requesting practitioner) requests the pathology practitioner to provide pathology services to a person (the patient); and\n    (c) the patient is an eligible person; and\n    (d) the pathology practitioner provides those services; and\n    (e) the pathology practitioner makes a payment (either directly or indirectly) to the requesting practitioner either:\n    (i) in respect of other services provided by the requesting practitioner to the patient in connection with the request; or\n    (ii) in respect of the use of the requesting practitioner’s staff in connection with taking pathology specimens from the patient.\n\nPenalty: 60 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(c).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 43 Pathology practitioners providing pathology services to persons with whom they have arrangements\n\n  (1) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner to share the cost of:\n    (i) employing staff; or\n    (ii) buying, renting or maintaining items of equipment;\n    (whether or not the arrangement involves paying money or providing other consideration); and\n    (c) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (d) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n  (2) A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person has entered an arrangement with another practitioner:\n    (i) to share a particular space in a building; or\n    (ii) for one of them to provide space in a building for the other to use or occupy; or\n    (iii) for one of them to permit the other to use or occupy the building; and\n    (c) the charges payable under the arrangement are not charges fixed at normal commercial rates; and\n    (d) the other practitioner requests the person to provide pathology services in respect of treatment under this Act; and\n    (e) the person provides those services while the arrangement is in force.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 44 Providing staff to be used in pathology services\n\n  A person commits an offence if:\n    (a) the person is a pathology practitioner; and\n    (b) the person provides nursing or other staff at the premises of another practitioner (whether the staff are present full‑time, part‑time or from time to time); and\n    (c) the person intends the staff to be used in taking pathology specimens in respect of treatment under this Act.\n\nPenalty: 120 penalty units or imprisonment for 2 years.\n\n#### 45 Counselling statements inadmissible as evidence\n\n  (1) This section applies if:\n    (a) a person (the treatment provider) has provided treatment under this Act; and\n    (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; and\n    (c) the treatment provider makes a statement during the counselling.\n  (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:\n    (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or\n    (b) both of the following apply:\n    (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;\n    (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.\n  (3) For the purposes of subsection (2), these are the offences:\n    (a) an offence under this Division;\n    (b) an offence against:\n    (i) section 6 of the Crimes Act 1914 (accessory after the fact); or\n    (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);\n    that relates to an offence under this Division.\n\n> Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).\n\n### Division 4—Recovery of amounts paid because of false or misleading statements\n\n#### 46 Recovery of amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount is paid to a person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.\n  (2) The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person by or on behalf of whom the statement was made; or\n    (b) the estate of that person.\n  (3) Subsection (2) applies whether or not:\n    (a) the amount was paid to the person by or on behalf of whom the statement was made; and\n    (b) any person has been convicted of an offence in relation to the making of the statement.\n\n#### 47 Interest payable on amounts paid because of false or misleading statements\n\n  (1) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement has been entered into between the Commission and the person or estate (as the case requires) to repay the principal sum within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) there has been a default (whether before or after the end of that period) in repaying all or part of the principal sum as required by the arrangement.\n  (2) This section applies if:\n    (a) an amount (the principal sum) is recoverable as a debt due to the Commonwealth from a person or estate under section 46; and\n    (b) the Commission has served a notice on the person or estate (as the case requires) claiming the amount as a debt due to the Commonwealth; and\n    (c) an arrangement to repay the principal sum has not been entered into within the following period (the relevant period):\n    (i) the period of 3 months from the day the notice is served;\n    (ii) such longer period as the Commission allows; and\n    (d) all or part of the principal sum remains unpaid.\n  (3) Interest is payable on the amount of the principal sum that remains unpaid from time to time.\n  (4) The interest is payable from:\n    (a) the day after the end of the relevant period; or\n    (b) such other later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.\n  (5) The interest is payable at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973.\n  (6) The interest is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from the person or estate (as the case requires).\n\n#### 48 Reduction in payments because of previous overpayments\n\n  (1) The Commission may reduce the amount of any payment that becomes payable to a person if:\n    (a) an amount has previously been paid to the person:\n    (i) purportedly by way of reimbursement to a person under subsection 13(4); or\n    (ii) purportedly as travelling expenses under Part 3; and\n    (b) the amount paid exceeds the amount (if any) that should have been paid; and\n    (c) the person agrees to the reduction.\n  (2) The amount of the reduction must not exceed:\n    (a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and\n    (b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.\n\n### Division 5—Recovery of cost of treatment\n\n#### 48A Recovery of cost of treatment\n\n  Section 93 of the Veterans’ Entitlements Act 1986 applies to the provision of treatment under this Act in a corresponding way to the way that section applies to the provision of treatment under Part V of that Act.\n\n### Division 6—Recovery of overpayments of pharmaceutical supplement\n\n#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.\n\n## Part 6—Miscellaneous\n\n#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":70},{"sectionNumber":"48B","sectionType":"section","heading":"Recovery of overpayments of pharmaceutical supplement","content":"#### 48B Recovery of overpayments of pharmaceutical supplement\n\n  (1) This section applies if a person has been paid an amount of pharmaceutical supplement under Part 3A that should not have been paid.\n  (2) The amount is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:\n    (a) the person; or\n    (b) the estate of that person.\n  (3) The amount may be deducted from an amount that is payable to the person under this Act.","sortOrder":71},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":72},{"sectionNumber":"49","sectionType":"section","heading":"Appropriation","content":"#### 49 Appropriation\n\n  The Consolidated Revenue Fund is appropriated to the extent necessary for the payment of:\n    (a) amounts payable for provision of treatment under this Act (including amounts payable by way of reimbursement under subsection 13(4)); and\n    (aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and\n    (b) travelling expenses payable under Part 3; and\n    (c) pharmaceutical supplement under Part 3A.","sortOrder":73},{"sectionNumber":"50","sectionType":"section","heading":"Regulations","content":"#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":74}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original scope (treatment for nuclear test participants and BCOF members) has been meaningfully expanded over time. The addition of subsections 5(3A) and 5(3C)-(3D) extended eligibility to police and protective service officers present at Maralinga between 1965 and 1988 — well after the nuclear tests themselves ended. The inclusion of section 13A and aged care subsidy provisions (referencing the Aged Care Act 2024) extends the Act into aged care funding, going beyond the original medical treatment focus. Part 3A (pharmaceutical supplement) adds a cash payment scheme that was not part of the original treatment-focused intent. The Commission's power to specify new categories of nuclear test participants by legislative instrument (s.5(3D)) creates an open-ended expansion mechanism not apparent from the Act's title or stated purpose."},"complexity_factors":["Multiple overlapping eligibility categories with precise date ranges and geographic boundaries for each nuclear test site","Heavy cross-referencing to other legislation (Veterans' Entitlements Act 1986, Military Rehabilitation and Compensation Act 2004, Health Insurance Act 1973, Social Security Act 1991, Aged Care Act 2024, Australian Federal Police Act 1979, Criminal Code) making the Act impossible to understand in isolation","Exclusion criteria requiring readers to cross-check multiple subsections of other Acts to determine if they already qualify under a different scheme","Layered treatment framework — Treatment Principles, Repatriation Private Patient Principles, and Repatriation Pharmaceutical Benefits Scheme can all be modified by the Commission with Ministerial approval, creating a shifting regulatory landscape","Complex pharmaceutical supplement payment rules with eight separate disqualifying circumstances referencing different payment types across multiple Acts","Sophisticated offence regime for medical service providers covering bribery, coercion, threats, and anti-competitive pathology arrangements","Self-incrimination provisions, strict liability offences with evidential burden defences, and counselling statement inadmissibility rules add criminal law complexity","Debt recovery framework with interest accrual mechanisms tied to rates in a separate Act","Delegated legislative power allowing the Commission to expand the definition of 'nuclear test participant' by instrument, meaning the eligibility criteria can change without primary legislation","Structural duplication in the document (content appears to repeat across sections) creating readability challenges"],"plain_english_summary":"This Act provides free medical treatment, medicines, and related travel support to Australians who took part in British nuclear tests (and associated cleanup/fallout monitoring) and to members of the British Commonwealth Occupation Force in Japan after WWII. It’s administered by the Repatriation Commission and ensures affected veterans get care without proving causation.\n\nIt recognises historic exposure risks and addresses serious illnesses linked to that service."},"kimi_summary":{"_metrics":{"completionTokens":896},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond its original 2006 scope through amendments. Most significantly, the 2024 amendments (reflected in the Aged Care Act 2024 references) added section 13A and expanded section 16 to allow the Commission to accept financial responsibility for aged care costs and subsidies. The pharmaceutical supplement provisions (Part 3A, sections 23A-23E) were also added later, creating a new payment stream not in the original Act. The definition of 'nuclear test participant' has been progressively broadened — originally covering 1952-1965, it now extends to 1988 for police/protective officers at Maralinga (section 5(3A)), and includes a delegated power for the Commission to specify additional requirements (section 5(3C-3D))."},"complexity_factors":["Multiple overlapping eligibility categories with different date ranges and geographic locations (5 subsections defining 'nuclear test participant')","Extensive cross-referencing to other Acts (Veterans' Entitlements Act 1986, Military Rehabilitation and Compensation Act 2004, Health Insurance Act 1973, Aged Care Act 2024, Social Security Act 1991, Criminal Code)","Delegated legislative instruments — the Commission can create binding rules (Treatment Principles, modifications) that require Ministerial approval","Complex exclusion rules — 8 different circumstances where pharmaceutical supplement is not payable, cross-referencing multiple other benefit schemes","Nested conditional logic in offence provisions (e.g., section 43 has two separate offence structures with 5 and 6 elements respectively)","Retrospective evidentiary provisions — section 31 explicitly allows the Commission to consider difficulties caused by passage of time and missing records","Multiple review pathways — internal Commission review then Administrative Review Tribunal, with specific timing and procedural requirements"],"plain_english_summary":"This Act provides **free medical treatment and related benefits** to three specific groups of Australians who served in hazardous conditions during the Cold War era:\n\n**Who is covered:**\n- **Nuclear test participants** — people present at British nuclear test sites (Monte Bello Islands, Emu Field, or Maralinga) between 1952–1988, including those who flew through contaminated fallout, cleaned contaminated equipment, or worked as police/protective officers at Maralinga up to 1988\n- **British Commonwealth Occupation Force participants** — Australian Defence Force members who served in Japan from January 1946 to April 1952\n- **Early post-war Japan service** — ADF members in Japan from August 1945 to January 1946\n\n**What they get:**\n- **Medical treatment** arranged by the Repatriation Commission, including hospital care, diagnostic services, and treatment for cancers (malignant neoplasia)\n- **Pharmaceutical benefits** — subsidised medications\n- **Travelling expenses** — reimbursement for travel to get treatment (within Australia only)\n- **Pharmaceutical supplement** — a regular payment to help with medication costs (unless they're already receiving similar benefits from other programs)\n\n**Important limits:**\n- You must be an **Australian resident**\n- You **cannot** get treatment under this Act if you're already covered by other veterans' schemes (Veterans' Entitlements Act or Military Rehabilitation and Compensation Act)\n- Treatment is **not available outside Australia**\n- The Commission has discretion to approve or refuse treatment — it's not an automatic right\n\n**How it works:**\n- You **claim eligibility** through the Repatriation Commission\n- The Commission determines if you qualify\n- If approved, the Commission arranges treatment through existing healthcare providers (public hospitals, private hospitals, medical centres)\n- Decisions can be **reviewed** first by the Commission itself, then by the Administrative Review Tribunal if you're still unhappy\n\n**Why it matters:**\nThis is a **belated recognition** of harm done to Australians exposed to radiation during British nuclear testing in Australia, and to those who served in the occupation of Japan. Many participants developed cancers and other health conditions later in life. The Act provides a pathway to healthcare without needing to prove their illness was caused by their service — a significant departure from normal compensation rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This version shows substantive scope extensions compared with a narrow original entitlement to treatment for clearly identified service cohorts. Notable scope growths in this text: (1) explicit power for the Commission to accept financial responsibility for treatment arranged by third parties (s13A) and to recognise associated aged‑care subsidies (s16(4A)(b)), which broadens the Commonwealth’s potential cost exposure beyond Commission‑arranged services; (2) expanded administrative rule‑making and delegation powers (s6, s5(3D), s16–18) giving the Commission and Minister wider discretion to define classes of treatment, exclusions, private‑patient arrangements and financial responsibilities; and (3) strengthened, detailed criminal controls aimed at medical/pathology commercial arrangements (s38–45) that go beyond typical entitlement administration and regulate private sector commercial practice. These additions increase the Act’s reach into aged‑care subsidy settings, private provider commercial arrangements and Commission discretion — a material enlargement of operational scope relative to a simple entitlement statute."},"complexity_factors":["Around 28 defined terms in s4 and throughout (multiple defined categories: 'nuclear test participant', 'medical service provider', 'treatment', 'pathology practitioner', etc).","Multiple, tightly time‑bounded eligibility windows in s5 (separate date ranges per test site and activity) creating conditional logic for individual claims.","Delegation and rule‑making: Secretary may make procedural instruments (s6); Commission can make modifications that become legislative instruments with Ministerial approval (s16–18); Commission may also specify additional nuclear test participant requirements by instrument (s5(3D)).","Cross‑references to multiple external Acts (Veterans’ Entitlements Act 1986, Health Insurance Act 1973, Military Rehabilitation and Compensation Act 2004, Aged Care Act 2024, Criminal Code, Crimes Act) that determine key meanings and interact with entitlements and recoveries.","Numerous offence provisions (s37–45) with varying fault rules: some strict liability, some dishonesty tests, evidential burdens and special admissibility rules (s37(2), s37(3), s45).","Nested exceptions and exclusions (e.g. pharmaceutical supplement exclusions in s23C(4), eligibility exclusions in s7(2)) and recovery arrangements (s46–48) with multi‑step default/interest rules referencing other Acts (s47 referencing Health Insurance Act rate).","Two‑stage review route: internal Commission review with statutory reasons requirement (s25–27), then external Administrative Review Tribunal review (s29) — multiple timelines and procedural requirements (s24).","Complexity in provider regulation: several offence types directed at arrangements between pathology practitioners and requesting practitioners (s42–44) with commercial‑rate exceptions and strict liability on some elements.","Repeated delegation options create many possible administrative pathways (s32) but also carve out non‑delegable matters (power under s5(3D)).","Interplay of retrospective approvals and reimbursements (s13) with a strict 3‑month cut‑off for retrospective approval creates conditional entitlement and recovery risk."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Creates a statutory scheme that lets certain Australians get health treatment, travel support and a pharmaceutical supplement because of service in specified post‑WW2 British Commonwealth operations and British nuclear tests. The Repatriation Commission (the Commission) administers the scheme (see definitions and s7, s12).\n\n- Who is eligible: people who meet the Act’s defined service and residence tests — notably “nuclear test participants” (detailed time‑and‑place rules at s5) and British Commonwealth Occupation Force participants, and a narrowly drawn group who served in Japan in 1945–46 (s7). Eligibility also requires Australian residency (s7(1)(b)).\n\n- How treatment is provided: the Commission may arrange or approve treatment and reimburse eligible people (s12–13). The Commission may also accept financial responsibility for costs of treatment arranged by another entity for eligible people where the treatment type is specified (s13A and s16(4A)). The Commission applies the existing Treatment Principles and Repatriation schemes, but may prepare and publish modifications for this Act (s16–18). Ministerial approval is required for those modifications, and approved modifications become legislative instruments (s16(7)–(8), s17(6)–(7), s18(5)–(6)).\n\n- Travelling expenses: eligible people (and authorised attendants) can be paid travelling expenses for travel within Australia approved by the Commission (s19–21). Advances and recovery rules apply (s20, s46–47, s48).\n\n- Pharmaceutical supplement: an eligible person may receive a regular pharmaceutical supplement set at the same rate as the veterans supplement (s23A–E). There are exclusions (people who leave Australia for more than 26 weeks, people already receiving specified other supplements/payments — s23C) and payment/timing rules (s23D–E).\n\n- Decision review and information powers: claim decisions and revocations may be reviewed internally by the Commission (s24–27) and, where the Commission affirms or substitutes a decision, the Administrative Review Tribunal may be asked to review that outcome (s29). The Commission has statutory powers to require information and documents from people and bodies (s33–36) and may delegate many functions (s32).\n\n- Anti‑fraud and conduct offences: the Act contains criminal and civil remedies. It makes false or misleading statements in claims an offence (s37) and creates a suite of offences aimed at improper inducements or arrangements between pathology practitioners, requesting practitioners and other medical service providers (s38–45, s42–44). These provisions target payments, threats, bribery and arrangements designed to steer pathology work in connection with treatment under this Act.\n\n- Recovery and enforcement: the Commonwealth can recover overpayments and interest (s46–48, s47), and section 48A brings certain recovery provisions of the Veterans’ Entitlements Act into play. The Consolidated Revenue Fund is appropriated to meet payments under the Act (s49). The Governor‑General may make regulations (s50).\n\n**Who it affects**\n\n- Primary beneficiaries: people who meet the Act’s service, time‑period and residency rules — largely former ADF members present at specified nuclear test areas or who served with the British Commonwealth Occupation Force (s5, s7).\n\n- Medical sector: pathology practitioners and other medical service providers are directly affected by conduct and offence provisions (s38–45, s42–44). The Act restricts particular payment and staffing arrangements and creates criminal penalties for dishonest conduct.\n\n- The Commonwealth: pays treatment, travel and supplement costs out of the Consolidated Revenue Fund (s49) and takes administrative responsibility through the Commission and the relevant Department (s30).\n\n**Why it matters (stated purpose and practical effects)**\n\n- Stated purpose: to provide treatment and related support (travel, pharmaceuticals) to Australians who participated in British nuclear tests and the British Commonwealth Occupation Force (short title and objects at s1 and s7).\n\n- Practical effects and trade‑offs: the Act creates an entitlement framework administered by an executive agency (the Commission) with delegated rule‑making powers (s6, s5(3D), s16–18). Benefits flow to a concentrated (defined) cohort while the financial cost is borne by taxpayers (s49). The Act gives the Commission discretion to define where and how services are provided (including accepting financial responsibility for third‑party arranged care — s13A; modifying Treatment/Repatriation rules — s16–18), which lowers contractual rigidity but increases administrative discretion. The law imposes compliance duties and potential criminal liability on medical and pathology providers to deter fraud and improper referral/payment practices (s37–45). That creates regulatory risk and compliance costs for private providers who work with eligible patients.\n\n**Implementation and incentive considerations (concrete mechanisms and risks)**\n\n- Who decides: the Commission (subject to Ministerial control) assesses eligibility, approves treatments and may publish modifications that become legislative instruments once ministerially approved (s10, s12, s16(7)–(8)). The Secretary may set procedural rules (s6). This concentrates gatekeeping decisions in an administrative body.\n\n- Who pays: the Commonwealth pays costs from the Consolidated Revenue Fund (s49). Where the Commission accepts financial responsibility for treatment arranged by another entity, the Commonwealth still becomes liable for specified costs (s13A/16(4A)).\n\n- Behavioural effects: the Act creates a clear financial incentive for eligible persons to claim (s8–11), and for providers to comply with the Commission’s processes. The offences (s38–45) create legal disincentives against inducements, shared‑income arrangements or staffing models that might route pathology work for eligible patients toward particular providers. That can change commercial arrangements between practitioners (s42–44).\n\n- Costs and opportunity costs: the measure imposes recurring fiscal costs (treatment, travel, supplements). Administrative costs include assessing historic service claims (some require records from the 1950s–1980s) and policing prohibited conduct in the medical sector. The Commission’s flexibility (legislative instruments, modifications) reduces upfront drafting cost but increases future administrative rule‑making and oversight costs (s6, s16).\n\n- Implementation risk: identifying eligible persons requires historic evidence (s5, s31(c)(i)–(ii) acknowledges difficulties of the passage of time). Delegation and legislative instruments introduce variability in application and create dependency on Commission/Minister action to define practical access (s5(3D), s6, s16(2), s16(7)–(8)).\n\n**Key sections to look up quickly**\n\n- Eligibility: s5 (definitions of nuclear test participant) and s7 (eligibility). \n- Commission powers and treatment arrangements: s12–13, s13A, s15–18. \n- Travelling expenses: s19–23. \n- Pharmaceutical supplement: s23A–E. \n- Review & appeals: s24–29. \n- Information powers: s33–36. \n- Offences aimed at providers and fraud: s37–45. \n- Recovery and appropriation: s46–49. \n\n(Analyst note: the Act is source‑driven in attributing purposes; the consequential cost and incentive assessments above are derived from the Act’s payment, modification and offence mechanics — see s12–13, s13A, s16, s37–45 and s49.)"},"issue_detection":{"absurdities":[{"type":"other","section":"4(2)","severity":"medium","reasoning":"A definition in the general definitions section should be neutral. By using 'defendant' in paragraph (c), the definition presupposes a person is already a defendant in proceedings. This creates a logical circularity: a person only becomes a defendant after charges are laid, but dishonesty must be established to lay the charges. The definition effectively requires a court to determine whether a person knew their conduct was dishonest according to ordinary standards, but frames this as a precondition using a term ('defendant') that only applies post-charge.","confidence":0.72,"description":"The definition of 'dishonestly' uses the word 'defendant' in a definitions section that applies to the entire Act, including administrative provisions. The term 'defendant' presupposes criminal proceedings, yet the definition purports to apply to all uses of 'dishonestly' throughout the Act including non-criminal contexts."},{"type":"other","section":"5(1)","severity":"low","reasoning":"While this may be a drafting or formatting artefact from an amendment that deleted paragraph (b), the absence of paragraph (b) in the enacted text creates potential interpretive uncertainty. A court or administrator reading the section must infer that the missing paragraph was intentionally omitted rather than accidentally overlooked, which is not self-evident from the text.","confidence":0.85,"description":"Subsection 5(1) is numbered with paragraphs (a) and (c) but there is no paragraph (b). The paragraph labelling jumps from (a) to (c), omitting (b) entirely, creating a structural gap in the provision."},{"type":"impossible_compliance","section":"5(3A)(b)(i) and 5(3B)","severity":"medium","reasoning":"After the Australian Federal Police Act 1979 came into force, there were no longer any Commonwealth Police Officers in the pre-1979 sense. The period covered by s5(3A) runs from 1 May 1965 to 30 June 1988. Section 5(3B) preserves the old Commonwealth Police Officer category for this provision by disapplying the AFP Act deeming provision, but between 1979 and 1988, no person could actually be a 'Commonwealth Police Officer under the Commonwealth Police Act 1957' because that force ceased to exist. The provision thus creates an eligibility pathway for a category of persons that could not have existed during part of the relevant period.","confidence":0.78,"description":"Section 5(3A)(b)(i) refers to a Commonwealth Police Officer under the Commonwealth Police Act 1957, but section 5(3B) disapplies paragraph 5(1)(a) of the Australian Federal Police Act 1979 which would otherwise deem such references to mean AFP members. The Commonwealth Police was abolished in 1979 and absorbed into the AFP. This creates a category of persons — Commonwealth Police Officers who are not AFP members — that cannot exist after 1979, yet subsection (3A) covers a period extending to 30 June 1988."},{"type":"self_contradicting","section":"13(2)","severity":"medium","reasoning":"The Act's framework requires a claim under s8 to establish eligibility, with treatment then arranged under s12. Section 13 allows retrospective approval of treatment given without prior approval, but caps this at 3 months before the s8 claim. This implies a person received treatment before being found eligible — which is only possible outside the Act's framework. The 3-month backstop references the s8 claim date, but that claim is supposed to precede treatment. The provision thus creates a window for pre-eligibility treatment but anchors the limitation to a post-treatment event.","confidence":0.65,"description":"Section 13(2) prevents the Commission from approving treatment provided more than 3 months before the person made a claim under section 8. However, under section 8, a person must make a claim to establish they are an eligible person before treatment is arranged. This creates a temporal impossibility: a person cannot logically receive treatment under the Act before being determined eligible, yet section 13 contemplates approving retrospective treatment, and bars that approval based on when a claim was made — a claim that should precede any treatment."},{"type":"self_contradicting","section":"37(1) and 37(2) read with 37(3) and 37(4)","severity":"medium","reasoning":"The Criminal Code s9.2 mistake of fact defence and the s37(3) defence are substantively very similar — both concern a person's reasonable belief about facts. By disapplying s9.2 while enacting s37(3), the Act replaces one knowledge-based defence with another nearly identical one. The practical effect is minimal but the legislative structure is internally contradictory: it signals distrust of the standard mistake of fact defence while substituting a functionally equivalent bespoke defence.","confidence":0.7,"description":"Section 37 creates a strict liability offence for making false or misleading statements, then provides a defence where the person did not know and could not reasonably be expected to have known the statement was false. Section 37(4) then disapplies the Criminal Code's 'mistake of fact' defence (s9.2) in relation to these same matters. This creates a legislative near-paradox: the Act creates its own knowledge-based defence in s37(3) that closely mirrors the mistake of fact defence it simultaneously excludes under s37(4)."},{"type":"other","section":"23C(3)","severity":"low","reasoning":"The notification requirement in s23C(3)(b) serves an administrative purpose but creates an absurd scenario where a returning person who fails to promptly notify the Commission loses pharmaceutical supplement for the period between their actual return and their late notification. Persons are penalised for administrative tardiness even after resuming their physical presence in Australia. This is internally inconsistent with the evident policy purpose of linking eligibility to physical presence.","confidence":0.75,"description":"Section 23C(3) provides that a person who has left Australia (whether permanently or after 26 weeks temporarily) 'again becomes eligible' for pharmaceutical supplement on the later of the day they return to Australia or the day they notify the Commission of their return. For persons who left permanently under s23C(1), the notion of 'again becoming eligible' upon return is logically coherent but creates an odd incentive: a person who notifies the Commission of their return before actually returning would not trigger eligibility until their actual return date, but the section makes eligibility contingent on the later of the two — meaning delayed notification can never accelerate eligibility but could delay it."},{"type":"other","section":"32(2)","severity":"low","reasoning":"While not strictly absurd, the express prohibition on delegating the s5(3D) power adds nothing of substance given that legislative instruments cannot be made by delegates under the Legislation Act framework without specific authorisation. The provision suggests a misunderstanding of how legislative instrument powers operate, or reflects an abundance of caution that inadvertently highlights an already-existing constraint.","confidence":0.55,"description":"Section 32(2) prevents the Commission from delegating its power under subsection 5(3D) — the power to specify by legislative instrument additional categories of nuclear test participants. However, subsection 5(3D) is exercised by legislative instrument, which under the Legislation Act 2003 must be made by the rule-maker personally. The non-delegation provision is therefore largely redundant as the legislative instrument framework already prevents effective subdelegation of legislative instrument-making powers."},{"type":"other","section":"Structural: entire document","severity":"high","reasoning":"The document as presented reproduces the full text of the Act multiple times. While this may be a formatting artefact of the document provided for analysis rather than the actual enrolled Act, if this reflects the actual legislative instrument it would create profound interpretive difficulties — courts would need to determine which version of any given provision prevails, and whether amendments to one instance automatically apply to duplicated text.","confidence":0.9,"description":"The legislation as presented contains wholesale verbatim repetition of the entire Act text — Parts 1 through 6 appear to be reproduced in full at least twice, with duplicate headings including 'Part 1 Preliminary' and 'Division 1 Eligibility to be provided with treatment' appearing as standalone headers before re-presenting the full text. This structural duplication is a significant legislative drafting defect."}],"contradictions":[{"severity":"low","section_a":"7(1)(b)","section_b":"23C(1) and 23C(2)","confidence":0.68,"description":"Section 7(1)(b) requires a person to be an Australian resident to be an eligible person. Sections 23C(1) and (2) contemplate eligible persons who are overseas (either permanently departed or temporarily absent beyond 26 weeks) and remove their pharmaceutical supplement entitlement. However, if they have left Australia other than temporarily, they would also cease to be Australian residents under the Veterans' Entitlements Act 1986 definition, and therefore cease to be eligible persons altogether under s7(1)(b). The pharmaceutical supplement cessation provisions in s23C are thus potentially superfluous for permanently departed persons."},{"severity":"medium","section_a":"5(3A)(b)(iii)","section_b":"5(3A)(a)","confidence":0.82,"description":"Subsection 5(3A)(b)(iii) refers to a 'protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987.' However, the period covered by s5(3A)(a) begins on 1 May 1965, while the Australian Protective Service Act 1987 did not come into force until 1987. A person present at Maralinga between 1965 and 1987 could not have been a protective service officer 'within the meaning of' an Act that did not then exist."},{"severity":"low","section_a":"12(2)(c)","section_b":"13(1)","confidence":0.72,"description":"Section 12(2)(c) provides that the Commission is taken to have arranged for treatment only if it approved the provision of treatment before the treatment was provided. Section 13(1) then provides a mechanism for the Commission to approve treatment already provided without prior approval. Section 13(3) deems the Commission to have 'arranged' for that treatment. These provisions are in direct tension: s12(2)(c) makes prior approval a condition of the 'arranged' deeming, while s13 retrospectively deems arrangement without prior approval."},{"severity":"medium","section_a":"14(1)","section_b":"19(3)","confidence":0.6,"description":"Section 14(1) states that nothing in the Act imposes a duty on the Commission to arrange for treatment outside Australia, and nothing confers a right to be provided with treatment outside Australia. Section 19(3) states that travelling expenses are not payable in respect of travel outside Australia. These provisions are consistent, but together they create a gap: an eligible person who is outside Australia and requires emergency treatment receives neither treatment nor travel expense reimbursement to return to Australia for treatment, despite the Act's remedial purpose."},{"severity":"low","section_a":"31(a) and 31(b)","section_b":"25(1)(a)","confidence":0.55,"description":"Section 31 provides that in making decisions, the Commission is not bound by rules of evidence and may act according to substantial justice without regard to legal form and technicalities. Section 25(1)(a) requires the Commission when reviewing its own decisions to 'review the decision' — implying a structured legal review process. The tension arises because the same body applying informal decision-making standards under s31 is tasked with formally reviewing those decisions under s25, potentially reviewing decisions made under the same informal standards using those same informal standards."},{"severity":"medium","section_a":"41","section_b":"4(1) definition of 'medical service provider'","confidence":0.8,"description":"Section 41 creates an offence for 'practitioners' receiving bribes, but the term 'practitioner' is not defined in the Act. The Act defines 'medical service provider' and 'pathology practitioner' specifically, but uses the undefined term 'practitioner' in s41. This means it is unclear whether s41 applies only to pathology practitioners, to medical service providers generally, or to some broader class of medical practitioners not otherwise defined in the Act."}]}},"importantCases":[],"_links":{"self":"/api/acts/australian-participants-in-british-nuclear-tests-and-british-commonwealth-occupation-force-treatment","history":"/api/acts/australian-participants-in-british-nuclear-tests-and-british-commonwealth-occupation-force-treatment/history","analysis":"/api/acts/australian-participants-in-british-nuclear-tests-and-british-commonwealth-occupation-force-treatment/analysis","conflicts":"/api/acts/australian-participants-in-british-nuclear-tests-and-british-commonwealth-occupation-force-treatment/conflicts","importantCases":"/api/acts/australian-participants-in-british-nuclear-tests-and-british-commonwealth-occupation-force-treatment/important-cases","documents":"/api/acts/australian-participants-in-british-nuclear-tests-and-british-commonwealth-occupation-force-treatment/documents"}}