Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004
154Settlements and determinations etc. under the 1912 Act, the 1930 Act or the 1971 Act
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154 Settlements and determinations etc. under the 1912 Act, the 1930 Act or the 1971 Act
(1) Subsection (2) applies to a settlement that: (a) under subsection 127(1), is taken to be a determination made by the relevant authority under this Act; and (b) is in force immediately before the MRCA commencement date; and (c) concerns an injury that relates to defence service. (2) On and after the MRCA commencement date, the settlement is taken to be a determination made by the MRCC under this Act in respect of the corresponding liability of the Commonwealth to pay compensation or make a similar payment under this Part in respect of that injury, but Part VI does not apply in relation to that settlement. (3) Subsection (4) applies to a determination made or action taken that: (a) under subsection 127(2), is taken to be a determination made by the relevant authority under this Act; and (b) is in force immediately before the MRCA commencement date; and (c) concerns compensation or a payment that relates to defence service. (4) On and after the MRCA commencement date, the determination or action is taken to be a determination made or action taken by the MRCC under this Act in respect of the corresponding liability of the Commonwealth to pay compensation or make a similar payment under this Part. (5) If a determination or action referred to in subsection (3) is, or has been, varied by a court or a tribunal, subsection (4) has effect in relation to that determination or action as so varied.