39Definition of rehabilitation authority

39  Definition of rehabilitation authority  (1) The Chief of the Defence Force is a rehabilitation authority for the purposes of this Chapter.  (2) The Commission is a rehabilitation authority for the purposes of this Chapter.  (3) The rehabilitation authority for a person at a time is:  (a) subject to paragraph (aa), the Chief of the Defence Force for a time when the person:  (i) is a Permanent Forces member, a continuous full‑time Reservist or a part‑time Reservist; and  (ii) has not been identified by or on behalf of the Chief of the Defence Force as being likely to be discharged from the Defence Force for medical reasons; or  (aa) if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time—the Commission for that time; or  (b) the Commission for any other time.  (4) A determination made under paragraph (3)(aa) is not a legislative instrument.