9AMost war‑caused injuries, diseases and deaths no longer covered by this Act

#### 9A Most war‑caused injuries, diseases and deaths no longer covered by this Act (1) A veteran’s injury, disease or death is taken not to be war‑caused if: (a) the injury is sustained, the disease is contracted, or the death occurs, on or after the MRCA commencement date; and (b) the injury, disease or death either: (i) relates to service rendered by the person on or after that date; or (ii) relates to service rendered by the person before, and on or after, that date. > Note: After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such injuries, diseases and deaths. (2) An injury or disease of a veteran that has been aggravated, or materially contributed to, by service is taken not to be war‑caused if: (a) the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and (b) the aggravation or material contribution either: (i) relates to service rendered by the person on or after that date; or (ii) relates to service rendered by the person before, and on or after, that date; and (c) if section 12 of the CTPA applies to the veteran—after receiving a notice under that section, the veteran makes a claim under section 319 of the MRCA (or continues with a claim already made under that section) in respect of the aggravated injury or disease. > Note: After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such aggravations and material contributions. (3) To avoid doubt, service is rendered before, and on or after, the MRCA commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date. 13 Paragraph 13(1)(b) Omit “has become incapacitated”, substitute “is incapacitated”. 14 After subsection 13(2A) Insert: Subsection (2A) ceases to apply (2AA) The Commonwealth is not liable, under subsection (2A), to pay a pension to a dependant of a veteran in respect of the veteran’s death if the death occurs on or after the MRCA commencement date. 15 After subsection 13(6) Insert: Subsection (6) ceases to apply (6A) The Commonwealth is not liable, under subsection (6), to pay a pension in respect of a person’s death, or the incapacity of a person, if: (a) either: (i) the occurrence resulting in the death or incapacity happened on or after the MRCA commencement date; or (ii) the disease was contracted on or after the MRCA commencement date; and (b) either: (i) the occurrence or disease relates to service rendered by the person on or after that date; or (ii) the occurrence or disease relates to service rendered by the person before, and on or after, that date (whether the service spans the commencement date or is rendered during separate periods before and on or after that date). 16 After subsection 15(1) Insert: (1A) However, a veteran who: (a) receives a notice under section 12 of the CTPA in respect of an aggravation of, or a material contribution to, an injury or disease; and (b) after receiving the notice, makes a claim under section 319 of the MRCA (or continues with a claim already made under that section) in respect of the aggravation or material contribution; is not entitled to apply for an increase in the rate of the pension on the ground that the veteran’s incapacity has increased because of that aggravation or material contribution. > Note: Under section 12 of the CTPA, a veteran who has a war‑caused or defence‑caused injury or disease that is aggravated or materially contributed to by service after the MRCA commencement date can choose whether the MRCA or the VEA will apply to the aggravated injury or disease. 16A Subsection 23(5) Repeal the subsection, substitute: (5) The rate at which pension is payable to a veteran to whom section 115D applies (veterans working under rehabilitation scheme) is the reduced amount worked out using the following formula:  16B Subsection 24(5) Repeal the subsection, substitute: (5) The rate at which pension is payable to a veteran to whom section 115D applies (veterans working under rehabilitation scheme) is the reduced amount worked out using the following formula:  16C Application of items 16A and 16B The amendments made by items 16A and 16B apply from the pension period that begins after those items commence. 17 Subsection 38(1D) Repeal the subsection, substitute: (1D) Subsection (1B) does not apply to a person whose partner: (a) is a veteran to whom section 24 applies; or (b) is receiving, or eligible to receive, a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA. > Note: A person is still eligible to receive a Special Rate Disability Pension even if the amount of the pension is totally offset under section 204 of the MRCA. 18 After paragraph 52(1)(m) Insert: (ma) if the person is provided with a motor vehicle under the Motor Vehicle Compensation Scheme under section 212 of the MRCA—the value of that motor vehicle; 19 Subsection 52Z(3A) After “following payments”, insert “and amounts”. 20 At the end of subsection 52Z(3A) Add: ; (g) a payment of a weekly amount under section 68, 71 or 75 of the MRCA (permanent impairment); (h) a payment of a Special Rate Disability Pension under Part 6 of Chapter 4 of the MRCA; (i) if subsection 204(5) of the MRCA applies to a person—an amount per fortnight worked out under section 5I of this Act; (j) a payment of a weekly amount mentioned in subparagraph 234(1)(b)(ii) of the MRCA (wholly dependent partner payment). > Note: Subsection 204(5) of the MRCA reduces a Special Rate Disability Pension by reference to amounts of Commonwealth superannuation that the person has received or is receiving. 21 Subsection 52Z(3A) (note) Omit “payments referred to in paragraphs (a) to (e)”, substitute “payments and amounts referred to in this subsection”. 22 Paragraphs 70(1)(b), 70(5)(d) and 70(5A)(d) Omit “has become incapacitated”, substitute “is incapacitated”. 23 At the end of subsections 85(1) and (2) Add: > Note: A veteran might stop being eligible to be provided with treatment under this Part for an injury or disease if the veteran is entitled to treatment under the MRCA for the injury or disease (see sections 85A and 85B of this Act). 24 Paragraph 85(4)(b) Before “a veteran”, insert “before the MRCA commencement date”. 25 After subsection 85(7) Insert: (7A) A veteran is eligible to be provided with treatment under this Part for any injury or disease if: (a) the veteran is receiving a service pension under Part III; and (b) an impairment suffered by the veteran from one or more service injuries or diseases constitutes at least 30 impairment points (within the meaning of the MRCA); and (c) the treatment is provided after both paragraphs (a) and (b) begin to apply to the veteran; and (d) the veteran is not already being provided with treatment for any injury or disease under Chapter 6 of the MRCA. 26 After section 85 Insert: