Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2020 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This instrument is the
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2020 .
This instrument is made under the
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .
Note 1: A number of expressions used in this instrument are defined in the Act, including the following:
(a) DRCA;
(b) MRCA;
(c) Simplification Act.
Note 2: Expressions used in this instrument that are defined in the MRCA have the same meanings as they have in that Act. For example:
(a) compensation;
(b) Special Rate Disability Pension.
In this instrument:
Act means theMilitary Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .
(1) For the purposes of paragraph 24(3)(b) of the Act, this section sets out the method of converting into a weekly amount the sum of any previous payments of a lump sum to a person under sections 24, 25 and 27 of the DRCA.
Note: Subsection 14(2) of the Act applies regulations made for paragraph 24(3)(b) of the Act (see section 7 of this instrument).
(2) For the purposes of subsection (1), and subject to section 7, the method is:
where:
aged based number means the person’s life expectancy (in years) worked out using theAustralian Life Tables 2015‑17 published by the Australian Government Actuary by reference to:(a) the person’s age on the day the lump sum amount for the purposes of section 24, 25 or 27 of the DRCA was paid to the person; and
(b) the person’s gender.
Note: The
Australian Life Tables 2015‑17 could in 2020 be viewed on the Australian Government Actuary’s website ( lump sum amountmeans the amount worked out in accordance with subsection (3).(3) The
current lump sum amount means the amount worked out using the following formula:where:
maximum amount means the maximum amount specified in subsection 24(9) of the DRCA, as indexed in accordance with section 13 of that Act.previous lump sum amount means the sum of any amounts previously:(a) assessed as payable to the person under sections 24, 25 and 27 of the DRCA; and
(b) paid as a lump sum or lump sums.
relevant financial year means the financial year in which an amount of compensation was paid to the person under section 24, 25 or 27 of the DRCA.
(1) For the purposes of subsection 14(2) and paragraph 24(3)(b) of the Act, the weekly amount worked out under section 6 of this instrument is the weekly amount by which the maximum weekly amount of a Special Rate Disability Pension (
SRDP ) must be reduced in the first financial year in which the SRDP is payable.Note: Section 203 of the MRCA provides the day from which an SRDP is payable.
(2) In the second and subsequent financial years in which the SRDP is payable, the indexation provisions of section 404 of the MRCA apply to the weekly amount worked out under section 6 of this instrument as if a reference to
dollar amount in section 404 of the MRCA were a reference to thatweekly amount .
(1) If:
(a) before the review pathway commencement day, an instrument was made under, or for the purposes of, subsection 170B(1) of the old VEA; and
(b) immediately before the review pathway commencement day, the instrument is in force;
the instrument continues to have effect, on and after the review pathway commencement day, as if it had been made under subsection 353P(1) of the MRCA.
(2) In this section:
old VEA has the same meaning as in section 25 of the Act.review pathway commencement day has the same meaning as in section 25 of the Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2020 | 24 Mar 2020 (F2020L00296) | 25 Mar 2020 (s 2(1) item 1) | |
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Amendment (Review Pathway) Regulations 2025 | 26 Mar 2025 (F2025L00427) | 21 Apr 2025 (s 2(1) item 1) | — |
Part 1 heading............................. | ad F2025L00427 |
s 2............................................. | rep LA s 48D |
s 4............................................. | rep LA s 48C |
s 5............................................. | ad F2025L00427 |
Part 2 heading............................. | ad F2025L00427 |
Part 3......................................... | ad F2025L00427 |
s 8............................................. | ad F2025L00427 |
Schedule 1.................................. | rep LA s 48C |
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