53BPersons to whom this Part applies

53B  Persons to whom this Part applies  (1) This Part applies to a person if:  (i) the person is a member; or  (ii) the person is a former member but the person was a member at any time on or after 1 December 1988; and  (b) the person has not made a claim of a kind referred to in paragraph 319(1)(a); and  (c) the person is included in a class of persons determined in an instrument under section 53D; and  (d) the Commission has determined, in writing, that this Part applies to the person.  (2) A determination under paragraph (1)(d) is not a legislative instrument.  (3) The member or former member need not have sustained a service injury or contracted a service disease.  (4) Sections 7, 8 and 9 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 do not apply for the purposes of this Part.