Interim Forces Benefits Act 1964 (Cth)

INTERIM FORCES BENEFITS.

No. 106 of 1964.

An Act to amend section nine of the Interim Forces

Benefits Act 1947-1950.

[Assented to 20th November, 1964.]

BE it enacted by the Queen's Most Excellent Majesty, the Commonwealth of Australia, as follows:—

Senate, and the House of Representatives of" the

1.—(1.) This Act may be cited as the Interim Forces Benefits Short title

Act 1964.	and citation.
(2.) The Interim Forces Benefits Act 1947-1950,* as amended by this Act, may be cited as the Interim Forces Benefits Act 1947-1964.

• Act N o. 46, 1947, as amended by N o. 79, 1950.

2. This Act shall come into operation on a date to be fixed by Commence-

Proclamation. ment.

3. Section nine of the Interim Forces Benefits Act 1947-1950 Regulations.

is amended by adding at the end thereof the following sub-

sections :—

"(2.) Subject to sub-section (4.) of this section, where medical treatment is provided to a person under the regulations—

(a) in circumstances in which the regulations provide for payment in accordance with this sub-section; or

No. 106. Interim Forces Benefits. 1964.

(b) in any case in which, before the treatment is provided, the Commission or a delegate of the Commission, for special reasons, determines that payment should be made in accordance with this sub-section and notifies the person accordingly,

the person is liable to pay to the Commonwealth, as a debt due to the Commonwealth, such reasonable charges in respect of the treatment as the Commission or a delegate of the Commission notifies to him in writing.

"(3.) Regulations made in pursuance of paragraph (a) of the last preceding sub-section may provide for payment in accordance with that sub-section in any case in which—

(a) a person (whether before, during or after the provision

of the treatment) recovers or receives; or

(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies a person that the person is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,

the whole or a part of the cost of the treatment, by way of damages

or compensation, from another person.

"(4.) Sub-section (2.) of this section does not apply in

relation to medical treatment in respect of a condition giving rise

to an incapacity in respect of which the Commonwealth— (a) is liable to pay pension under this Act to the person; (b) would be so liable if the incapacity were great enough,

to warrant a pension assessment; or

(c) would be so liable but for paragraph (c) of the proviso

to sub-section (1.) of section twenty-four or para-

graph (c) of the proviso to sub-section (1.) of section

one hundred and one, of the Repatriation Act 1920—

1964, as extended by this Act.

"(5.) In this section—

'medical treatment' means any treatment with a view to

restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and. includes—

(a) any accommodation, nursing care or transport

in relation to such treatment; and

(b) the supply, renewal and repair of artificial re- placements and surgical and other aids and. appliances;

'the Commission' means the Repatriation Commission.".