Schedule 3Repeal of the Defence (Re‑establishment) Act 1965 and consequential amendments

###### Schedule 3—Repeal of the Defence (Re‑establishment) Act 1965 and consequential amendments Part 1—Repeal of Act and amendments Defence Act 1903 1 Subsection 118A(1) Omit “Parts III and”, substitute “Part”. 2 Subsection 118A(2) Omit “Parts III and IV or for voluntarily enlisting or attempting to enlist in any force raised under section 35”, substitute “Part IV”. 3 Subsection 118A(4) Omit “Parts III and IV or of having voluntarily enlisted or attempted to enlist in a force raised for active service”, substitute “Part IV”. 4 Subsection 118A(6) Repeal the subsection. Defence (Re‑establishment) Act 1965 5 The whole of the Act Repeal the Act. Disability Services Act 1986 6 Subsection 23(1) (definition of cost) Repeal the definition, substitute: > cost, in relation to a person’s rehabilitation program, means the cost, as determined by the Secretary, of and incidental to the program, and includes any allowances paid to the person under section 24 but does not include any part of the cost that is not borne by the Commonwealth. Part 2—Application and transitional provisions 7 Application of new Protection Act to defence service (1) The Defence Reserve Service (Protection) Act 2001 applies in relation to all defence service undertaken after that Act commences (the commencement time), except in so far as the service is rendered only as a result of: (a) being called out under Division 4 of Part III, or under Part IIIA, of the Defence Act 1903 before the commencement time; or (b) a voluntary undertaking to render continuous full time service that a member gave before the commencement time. (2) The Defence (Re‑establishment) Act 1965 continues to apply in relation to defence service covered by paragraph (1)(a) or (b), despite the repeal of that Act by this Schedule. 8 Application of new Protection Act to existing contracts and other arrangements The Defence Reserve Service (Protection) Act 2001 applies, in accordance with subitem 7(1), in relation to all contracts of employment, other contracts, partnerships, courses and all other arrangements, even if the contract, partnership, course or arrangement began before the commencement time. 9 Saving—benefits under Parts V and VA of the old Act Although this Schedule repeals the Defence (Re‑establishment) Act 1965, Parts V and VA of that Act continue to apply, in relation to people who were receiving any assistance or benefits under those Parts immediately before the repeal, as though the repeal had not happened. 10 Regulations The regulations may make provision in relation to application, saving and transitional matters in connection with the enactment of the Defence Reserve Service (Protection) Act 2001 or the repeal of the Defence (Re‑establishment) Act 1965.