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Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004
161Annual report
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#### 161 Annual report
(1) As soon as possible after each 30 June, the Chair of the MRCC must give the Minister, for presentation to the Parliament, a report of the MRCC’s activities under this Act during the financial year that ended on that day.
(2) A report under subsection (1) must include particulars of:
(a) any directions given by the Minister under section 149; and
(b) any guidelines issued by the Commission under section 150;
during the financial year to which the report relates.
Schedule 3—General consequential amendments
Aged Care Act 1997
1 Paragraph 44‑25(a)
Repeal the paragraph, substitute:
(a) either:
(i) a person 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
(ii) a person is receiving a weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act 2004, or would be receiving such a weekly amount if the person had not chosen to receive a lump sum under that paragraph; and
2 Paragraph 44‑25(b)
After “pension”, insert “or weekly amount”.
3 Paragraph 44‑25(c)
After “pension” (wherever occurring), insert “or weekly amount”.
4 Paragraph 86‑3(i)
After “Veterans’ Entitlements Act 1986”, insert “or Chapter 6 of the Military Rehabilitation and Compensation Act 2004”.
5 Paragraph 86‑6(a)
Omit “or section 130 of the Veterans’ Entitlements Act 1986”, substitute “, section 130 of the Veterans’ Entitlements Act 1986 or section 409 of the Military Rehabilitation and Compensation Act 2004”.
Note: The heading to section 86‑6 is altered by omitting “or Veterans’ Entitlements Act 1986” and substituting “, Veterans’ Entitlements Act 1986 or Military Rehabilitation and Compensation Act 2004”.
6 Subsection 96‑10(2)
Repeal the subsection, substitute:
(2) This section does not apply to any amount payable in respect of:
(a) treatment (within the meaning of Part V of the Veterans’ Entitlements Act 1986) that the \*Repatriation Commission has arranged under section 84 of that Act; or
(b) treatment (within the meaning of section 13 of the Military Rehabilitation and Compensation Act 2004) that the \*Military Rehabilitation and Compensation Commission has arranged under Division 4 of Part 3 of Chapter 6 of that Act.
> Note: Under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, the treatments that the \*Repatriation Commission and the \*Military Rehabilitation and Compensation Commission can arrange could include the provision of \*aged care for which subsidy is payable under Chapter 3 of this Act.
7 Clause 1 of Schedule 1
Insert:
> Military Rehabilitation and Compensation Commission means the Military Rehabilitation and Compensation Commission established under section 361 of the Military Rehabilitation and Compensation Act 2004.
Age Discrimination Act 2004
7A After paragraph 41(1)(f)
Insert:
(fa) the Military Rehabilitation and Compensation Act 2004; or
(fb) the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004; or
(fc) Part XI of the Safety, Rehabilitation and Compensation Act 1988; or
7B After subsection 41(2A)
Insert:
(2B) This Part does not make unlawful anything done by a person in direct compliance with a regulation, scheme or other instrument under the Military Rehabilitation and Compensation Act 2004 or the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
A New Tax System (Family Assistance) Act 1999
8 After paragraph 7(h) of Schedule 3
Insert:
(ha) a Special Rate Disability Pension under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004;
(hb) a payment of compensation under section 68, 71 or 75 of the Military Rehabilitation and Compensation Act 2004;
(hc) a payment of compensation mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act 2004;
A New Tax System (Family Assistance) (Administration) Act 1999
9 Paragraph 84(1)(b)
Omit “or the Veterans’ Entitlements Act 1986”, substitute “, the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004”.
10 Subparagraphs 84A(1)(b)(ii), 92(1)(a)(i) and 92A(1)(a)(i)
Omit “or the Veterans’ Entitlements Act 1986”, substitute “, the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004”.
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999
11 Subsection 13(2) (note)
Omit “under the Veterans’ Entitlements Act 1986;”, substitute “under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004;”.
12 Subsection 14(2) (note)
Omit “under the Veterans’ Entitlements Act 1986;”, substitute “under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004;”.
Data‑matching Program (Assistance and Tax) Act 1990
13 Subsection 3(1) (after paragraph (d) of the definition of personal assistance)
Insert:
(daa) any compensation or other benefit given under the Military Rehabilitation and Compensation Act 2004;
Defence Act 1903
14 Subsection 120B(16) (definition of salary)
Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988 or the Military Rehabilitation and Compensation Act 2004”.
Defence Force (Home Loans Assistance) Act 1990
15 Section 3 (paragraph (a) of the definition of compensable disability)
Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1988”, substitute “Safety, Rehabilitation and Compensation Act 1988”.
16 Section 3 (after paragraph (b) of the definition of compensable disability)
Insert:
(ba) the Military Rehabilitation and Compensation Act 2004; or
17 Subsection 24(4) (subparagraph (b)(i) of the definition of prescribed member)
Omit “Commonwealth Employees’ Rehabilitation and Compensation Act 1989”, substitute “Safety, Rehabilitation and Compensation Act 1988”.
18 Subsection 24(4) (after subparagraph (b)(i) of the definition of prescribed member)
Insert:
(ia) the Military Rehabilitation and Compensation Act 2004; or
Defence Reserve Service (Protection) Act 2001
19 Section 9
Repeal the section, substitute: