24AExercise of certain powers by Military Rehabilitation and Compensation Commission during transition period

#### 24A Exercise of certain powers by Military Rehabilitation and Compensation Commission during transition period (1) For the purposes of the application of section 4 of the Acts Interpretation Act 1901 to a relevant instrument‑making power during the transition period: (a) the power may be exercised by the Military Rehabilitation and Compensation Commission as if it were a power conferred on that Commission by the MRCA; and (b) if, under the amended MRCA, the approval of the Minister is required to bring the instrument into effect—the Minister may approve the instrument as if it had been made by the new Repatriation Commission. (2) An instrument made by the Military Rehabilitation and Compensation Commission in reliance on this section and section 4 of the Acts Interpretation Act 1901 is, after the end of the transition period, taken to have been made (and may be dealt with as if it had been made) by the new Repatriation Commission. (3) The Military Rehabilitation and Compensation Commission may, by resolution, delegate a power that the Commission has under this section to a person if: (a) the Commission may, under section 384 of the MRCA, delegate to the person functions or powers under that Act; and (b) the person holds, or is acting in, a position that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 3. (4) In this section: > amended MRCA means the MRCA as in force immediately after the end of the transition period. > Military Rehabilitation and Compensation Commission means the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA, as in force during the transition period. > new Repatriation Commission means the Repatriation Commission continued in existence by section 360B of the amended MRCA after the end of the transition period. > relevant instrument‑making power means: (a) a power to make an instrument that will be conferred on the new Repatriation Commission under the following provisions of the amended MRCA: (i) subsection 6B(5) (British nuclear test defence service); (ii) subsection 27A(3) (presumption that certain injuries and diseases are attributable to defence service); (iii) subsection 67(1) (guide to determining impairment and compensation); (iv) subsection 80A(3) (whom additional amount is payable to); (v) subsection 212(1) (Motor Vehicle Compensation Scheme); (vi) subsection 258(1) (education scheme for certain eligible young persons and other children); (vii) subsection 268B(1) (acute support package); (viii) subsection 284A(1) (specified treatment for specified members and others); (ix) subsection 286(1) (determination for providing treatment or pharmaceutical benefits); (x) subsection 287A(2) (Coordinated Veterans’ Care mental health pilot); (xi) subsection 287B(2) (provision of services under the Veteran Suicide Prevention pilot); (xii) subsection 287C(2) (provision of counselling services and psychiatric assessment); (xiii) subsection 291A(1) (scheme may provide for advance payments); (xiv) section 424 (special assistance); (xv) subsection 424L(1) (multiple entitlement exclusions); (xvi) subsection 424M(1) (financial and legal advice); or (b) a power to vary or revoke an instrument mentioned in paragraph (a) that will be conferred on the new Repatriation Commission by the amended MRCA, or as a result of the operation of subsection 33(3) of the Acts Interpretation Act 1901. > transition period means the period starting on the day this section commences and ending on the day before the commencement of Schedule 4 to the Simplification Act.