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Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004
196KADefinitions for the purposes of the MRCA
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#### 196KA Definitions for the purposes of the MRCA
In this Division:
(a) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e), service death has the same meaning as in the MRCA; and
(b) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e), service disease has the same meaning as in the MRCA; and
(c) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e), service injury has the same meaning as in the MRCA; and
(d) for the purposes of paragraphs 196B(2)(ca) and 196B(3)(ba), members has the same meaning as in the MRCA; and
(e) for the purposes of paragraph 196B(3)(ba), peacetime service has the same meaning as in the MRCA; and
(f) for the purposes of paragraph 196B(2)(ca), non‑warlike service does not have the meaning given by this Act but instead has the same meaning as in the MRCA; and
(g) for the purposes of paragraph 196B(2)(ca), warlike service does not have the meaning given by this Act but instead has the same meaning as in the MRCA.
112 After subsection 196W(4)
Insert:
(4A) The Council may give directions under subsection (4) for the purposes of this Act, the MRCA, or both Acts.
113 Paragraph 196X(2)(b)
After “the Commission”, insert “, or the Military Rehabilitation and Compensation Commission,”.
114 After paragraph 196Y(1)(a)
Insert:
(aa) the Military Rehabilitation and Compensation Commission;
115 At the end of paragraph 196Y(1)(b)
Add “of this Act”.
116 After paragraph 196Y(1)(b)
Insert:
(ba) a person eligible to make a claim for compensation under section 319 of the MRCA;
117 Paragraph 196Y(1)(c)
After “members of Peacekeeping Forces”, insert “, or members within the meaning of the MRCA,”.
118 Subsection 196ZA(1)
Omit “any person referred to in paragraph 196Y(1)(a) or (b), or an organisation referred to in paragraph 196Y(1)(c),”, substitute “any person or organisation referred to in any of paragraphs 196Y(1)(a) to (c)”.
119 Subsection 196ZA(3)
After “the Commission” (first occurring), insert “, the Military Rehabilitation and Compensation Commission”.
120 Subsection 196ZA(3)
Omit “the Commission” (second occurring), substitute “the relevant Commission”.
121 Subsection 196ZA(4)
After “the Commission” (first occurring), insert “, the Military Rehabilitation and Compensation Commission”.
122 Subsection 196ZA(4)
Omit “the Commission” (second occurring), substitute “the relevant Commission”.
123 Subsection 196ZD(1)
Omit “a person referred to in paragraph 196Y(1)(a) or (b), or an organisation referred to in paragraph 196Y(1)(c),”, substitute “any person or organisation referred to in any of paragraphs 196Y(1)(a) to (c)”.
Part 4—Amendments relating to offsetting permanent impairment payments under the SRCA
124 Subsection 23(4)
Omit “subsection (5)”, substitute “subsections (5) and (6)”.
125 Subsection 23(5)
Omit “If”, substitute “Subject to subsection (6), if”.
127 At the end of section 23
Add:
(6) If section 25A applies to a veteran, the rate at which pension is payable to the veteran is the rate per fortnight specified in subsection (4) or (5) of this section, reduced in accordance with section 25A.
128 Subsection 24(4)
Omit “subsection (5)”, substitute “subsections (5) and (6)”.
129 Subsection 24(5)
Omit “If”, substitute “Subject to subsection (6), if”.
131 At the end of section 24
Add:
(6) If section 25A applies to a veteran, the rate at which pension is payable to the veteran is the rate per fortnight specified in subsection (4) or (5) of this section, reduced in accordance with section 25A.
132 Subsection 24A(1)
Omit “subsection (2)”, substitute “subsections (1A) and (2)”.
133 After subsection 24A(1)
Insert:
(1A) However, subsection (1) does not prevent a rate applicable under subsection 24(4) or (5) from being reduced to give effect to subsection 24(6).
134 Subsection 25(2)
Omit “subsections 24(4) and (5)”, substitute “subsection 24(4), (5) or (6)”.
135 After section 25
Insert: